Criminal defense

August 6, 2021

Scientists Call Forensics Over Baby-Shaking Prosecutions

by Law Offices of David L. Freidberg, P.C.

Baby-shaking prosecutions involve parents or guardians who shake their babies to get them to stop crying, usually, in a fit of rage. In one case, an Australian man was convicted when two forensic experts testified that baby-shaking was the likely cause of the child’s homicide. The man was imprisoned for nine years.

The controversy surrounds a “triad” of injuries that appear to indicate a baby-shaking homicide. These include bleeding of the brain, retinal hemorrhage, and swelling of the brain. In many cases, there are no external injuries to the baby at all. The belief that “triad-only” symptomology is at a 1:1 correspondence to baby shaking is now at the center of a hot controversy between prosecutors and scientists. Some forensic experts say that the triad automatically indicates shaking or abuse, while others are not so sure. The latter’s argument is gaining traction due to a recent article contesting the science behind such prosecutions.

The article specifically called out the two expert witnesses who testified in the baby-shaking case mentioned above. The scientist concluded that there was no finding of fact that implicated the defendant in that lawsuit to baby shaking, and the theory behind such prosecutions was based on studies conducted in cases where individuals allegedly confessed to the crimes. By comparing confessions to abuse, the experts were able to (by analogy) claim that the defendant was guilty of baby-shaking.

August 4, 2021

Black Man Assaulted by Group of White Men is Facing Charges

by Law Offices of David L. Freidberg, P.C.

A Black man assaulted by a group of white men is facing criminal charges related to the incident. According to the man, who is a local civil rights activist and a member of the Monroe County Human Rights Commission, called 911 after being assaulted by five men. The men accused him of trespassing on private property. The victim apologized and said he was not aware, but the situation escalated quickly when the men tried to teach him a lesson.

According to the victim, the men threatened to break his arms and “get a noose.” One of the men was wearing a confederate flag hat, while others were chanting white power. Cellphone video captured some of the event.

Two of the white men face charges of felony criminal confinement and battery resulting in moderate bodily injury. The white men maintained that they were threatened first and that the complainant was trespassing. Their lawyers claim that the two are victims of a smear campaign to jacket them as white supremacists. The Indiana Department of Natural Resources recommended charges be filed against all involved in the incident, but Monroe County prosecutors initially only filed charges against the two white men. Now the victim will have to face charges related to trespassing and battery. The FBI also said they are investigating the incident as a possible hate crime.

July 30, 2021

ShotSpotter Technology May Have Led to Adam Toledo’s Death

by Law Offices of David L. Freidberg, P.C.

Chicago P.D. is being pressured by activists to stop using the ShotSpotter technology that allows them to respond to reports of gunfire. Activists claim that police are using ShotSpotter reports to fabricate evidence against shooting victims. They also claim that the microphone sensors are placed disproportionately in minority neighborhoods.

Prosecutors in Chicago have been forced to withdraw evidence related to ShotSpotter after discoveries have been made that the technology could be easily tampered with. Police departments use the technology to find gunshots and increase response times. Adam Toledo was among the incidents in which ShotSpotter technology was employed. Police say there was a report of gunfire, an assailant was firing into vehicles. That is when they caught up with Adam Toledo, a 13-year-old with a gun. Toledo tried to ditch the gun, but when he pulled it out, the officer shot him.

What is wrong with ShotSpotter?

July 28, 2021

U.S. Charges Ukrainian Industrialist With Conspiracy to Bribe

by Law Offices of David L. Freidberg, P.C.

In a case filed against a foreign national who had never set foot in Chicago (or the United States for that matter), a Ukrainian industrialist is facing charges related to a conspiracy to bribe an Indian official. Unfortunately, the bribe never happened and the deal fell apart. However, that has not stopped the U.S. from attempting to extradite the man to the U.S. to face charges related to a failed bribe.

Dmitry Firtash is a well-known and well-connected Ukrainian natural gas magnate. The question perplexing many is why a Ukrainian citizen who has never been to the United States ended up getting charged in a failed attempt to bribe an Indian official. Attorneys for Firtash claim that there is no case to be made since the bribe never happened, and even if it did, the U.S. lacks personal jurisdiction over the case.

What is going on?

July 23, 2021

87 Exonerated in Corrupt Strike Team Prosecutions

by Law Offices of David L. Freidberg, P.C.

If you remember the hit television show The Shield, it followed the efforts of Vic Mackey and his “strike team” which was used exclusively for highly dangerous raids and anti-gang and drug efforts. Mackey ran the streets like a crime lord, however, making deals with some gangs while squeezing out others. In the process, he broke just about every law on the books, killed several people, and eventually admitted to everything in a plea bargain.

Real-life Victor Mackeys do exist and one of them, Sgt. Ronald Watts operated right here in Chicago. Watts is alleged to have extorted drug dealers, stolen drug cash, and coerced confessions from suspects using torture tactics. In 2012, Watts and another officer were convicted of federal theft of public services and extortion in a housing project.

Since Watts has been in prison, the States Attorney’s office has agreed to the exonerations of 87 criminal defendants who were facing time on Watts-related allegations. Nonetheless, there are hundreds more who claim that they were convicted on coerced confessions, planted evidence, and more.

July 21, 2021

Chicago PD to Launch New Straw Buyer Team

by Law Offices of David L. Freidberg, P.C.

Chicago PD announced a new team that will target straw purchasers for guns. Essentially, felons or others who would otherwise be prevented from applying for a gun permit pay someone else to perform the transaction for them. The straw buyer then gives the weapon to the felon who now has a gun. According to Chicago police, this is how a large number of weapons sold outside of Chicago end up on Chicago streets.

The federal-local team will consist of Chicago P.D. and the ATF. Investigators are focusing on gun traffickers, straw purchasers, and unscrupulous gun store owners who do less than the legal requirement to ensure their buyers are legitimate.

Illegal Gun Sales at Legal Gun Stores

July 16, 2021

Chicago Teen Charged With Killing Rideshare Driver During Carjacking

by Law Offices of David L. Freidberg, P.C.

Back in the old days, they made you burn a saint to prove your loyalty to the gang was above all other considerations. Today, it appears that carjackings are fulfilling the same role. Carjackings are on the rise in Chicago with a healthy cross-section of defendants under the age of 18.

Recently, a group of 14-year-olds carjacked an off-duty police officer. They are facing charges. One of the teens was on home monitoring at the time of the carjacking, leaving everyone to wonder how he was allowed out of his home to commit a crime.

In another case, a Chicago 18-year-old is facing charges related to the carjacking of a rideshare driver. He is facing charges related to carjacking, armed violence, and causing a death while committing a violent crime. Meanwhile, many of these perpetrators are being charged under federal law, and federal authorities aid Chicago police in tamping down violent crime, gang violence, and weapons crimes. The same boy was arrested for another carjacking in March.

July 9, 2021

Man Gets 13 Years for Hate Crime, Driving Into Protesters

by Law Offices of David L. Freidberg, P.C.

A Bloomington man was awarded a stiff 13-year prison sentence after he drove his motorcycle into protesters. One woman suffered abdominal injuries while another man sustained a swollen arm. The defendant, Marshall Blanchard, was given seven years for failing to give information following a traffic accident, and another six years on the hate crime charge. The sentences will run concurrently, however, meaning he will only have to serve, at most, seven years. He will also be given credit for time served. Several charges were dismissed as a part of the plea bargain, which on its face, makes little sense. Below, we will discuss why.

Failing to Give Information After an Accident

Failing to give information after an accident is generally charged as a class-A misdemeanor with a maximum sentence of one year in jail. He was given six years, probably due to his negotiated plea to run concurrently (at the same time) with a more severe hate crime charge. The maximum penalty for the most serious types of hate crimes is seven years.

July 7, 2021

Trump Company, Finance Chief Charged With Tax Evasion

by Law Offices of David L. Freidberg, P.C.

While The Donald himself is not facing charges related to what authorities call an “audacious” tax fraud scheme, his company and his Chief Financial Officer are facing accusations that they failed to report over $1.7 million in earnings. It is unclear whether or not Trump will be charged, but investigators noted that he signed some of the questionable checks. Nonetheless, that comes short of proving fraud, which requires the prosecution to prove that the defendant knowingly deceived the federal government by hiding income streams. It is much more likely that the company’s CFO will take the fall for this.

As part of the scheme, the CFO paid himself and other executives off the books by utilizing lucrative fringe benefits, hence reducing their payroll taxes. Meanwhile, Trump is employing his usual strategy of demonizing the investigation as a “witch hunt” perpetrated by “radical democrats.”

Is This a Witch Hunt?

June 30, 2021

Chicago Alderman Facing Bribery Charges

by Law Offices of David L. Freidberg, P.C.

Chicago Alderman Carrie Austin and her chief of staff are facing federal criminal charges alleging bribery. According to the charges, Austin brokered a deal for a multi-unit real estate development contract. Federal authorities believe that the developer offered Austin home improvements to grease her wheels. Her chief of staff was also offered home improvements. Between them, they acquired new kitchen cabinets, granite countertops, bathroom tiling, new sump pumps, and a brand new HVAC system.

The federal government looks unkindly on businesses offering free services to elected officials, especially when that business went on to win a major contract that was granted with the help of the gift receiver. Austin is the third Chicago alderman to face indictment and the second charged this year.

On what basis are these charges filed?