Criminal defense

March 5, 2021

Chicago Man Arrested for Inciting a Riot During August Unrest

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

A Chicago man has been arrested for allegedly putting out a call on social media to loot during the civil unrest that gripped the city last August. James Massey, 22, has been charged with one count of inciting a riot. If convicted, he could face up to five years in federal prison.

Calls for Violence Not Protected Under First Amendment

Calls to incite violence against either another person or their property is illegal. The First Amendment does not protect you from making credible, actionable threats, or encouraging others to do the same. The key words here are credible and actionable. If you have the means to carry out the threat or are calling upon others to help you carry out the threat, then you are in violation of laws that have been passed at both the federal and state level.

February 17, 2021

Chicago Man Facing Federal Charges After Carjacking

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

A Chicago man is facing federal charges after police allege he hijacked a car at gunpoint, crashed it on the South Side of Chicago, and fired a shot at police before being apprehended. In 2018, the feds announced that they planned on trying more carjacking cases in federal court. David Johnson is the lucky beneficiary of that initiative. He is the first man to face charges under the federal initiative.

At the time of the carjacking, David Johnson was on supervised release after he was found guilty of weapons charges. The US Attorney told the press that would-be carjackers had better watch out, “Committing a senseless act of violence like carjacking will earn you a home in federal prison for a long time.”

The Carjacking

February 12, 2021

Police Officer Charged With Attempted Murder in Off-Duty Altercation

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

A Chicago police officer is facing numerous charges related to an incident that occurred while he was off-duty and allegedly intoxicated. Joseph Cabrera, who is an eight-year veteran of the Chicago police force, was originally charged with the aggravated discharge of a weapon and disorderly conduct. However, the charges have now escalated to attempted murder, making a false report, and obstruction of justice.

According to investigators, Cabrera told police he had been attacked before discharging his weapon. But prosecutors say that the officer was never attacked.

The Prosecution’s Story

February 10, 2021

Plot Thickens for Chicago Man Charged in Capitol Blitz

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

A week or two ago, we discussed the situation of a Chicago man who was being charged in connection with the Capitol riot that left one police officer and a couple of participants dead. It is important to understand that this individual was so divorced from reality that he actually posted photos of himself online outside Nancy Pelosi’s office. However, he later came to his senses and removed the photos. By that time, federal authorities had already caught up with him. They demanded that the man turn over video footage of the riots, which he gladly did. The charges against him have now escalated and include felonies.

New Felony Charges

Kevin Lyons of Chicago now faces three additional felony federal charges after turning over his phone to federal authorities. Those include:

February 5, 2021

SUV Linked to Murder of G Herbo’s Friend

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

A Chicago man is being held without bail after police pulled him over driving an SUV suspected in the murder of G Herbo’s friend at a South Loop barbershop. Christopher Mosley, 29, was pulled over carrying a Glock featuring a laser attachment. While the gun was not loaded when police pulled over Mosley, they noted that he was carrying a lot of ammunition. Police did not mention why Mosley was pulled over in the first place. They only said that an SUV matching the description of Mosley’s was seen pulling away from a barbershop shooting. Mosley has not been charged with the murder. However, a judge ruled there was enough reason to order Mosley held without bail.

How Will Police Conduct This Investigation?

First, they will test the gun against the shell casings. The FBI invented an entirely new science for determining whether or not a specific shell casing can be linked to a specific gun. Like most FBI “science” (see profiling and facial recognition), it was just a lot of made-up silliness. According to the FBI, every gun leaves a unique marking on a shell casing. Ideally, every shell shot from the same gun would leave an identical marking. With due deference to science, for the method to work, the markings would need to be identical in every case. They could not be, for instance, substantially similar, pretty close, or within tolerance. They have to be identical. Nonetheless, the FBI was able to bamboozle juries into convicting people based on their made-up science. This made-up science will likely feature prominently in the case against Christopher Mosley.

February 3, 2021

Junk Science and Law Enforcement

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

Law enforcement uses a number of techniques to convict criminal defendants that appear on the surface to be scientific, but really are not. No, we are not talking about DNA evidence, which has been used to exonerate many wrongfully-accused defendants. We are talking about other forensic techniques that were created by the FBI, but have scant scientific merit. In this article, we will take a look at some of that junk science.

Profiling and Behavioral Sciences

We all love Thomas Harris novels and TV shows like Criminal Minds, but the truth is profiling is useless. Not only is it basically stereotyping, but you can pull any Joe off the street and get a similar result to what a trained profiler would produce.

January 29, 2021

President of Chicago Police Union Facing Charges

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

If any one story can encapsulate the zeitgeist of the state of policing in America, it is this one. John Catanzara, the president of the Chicago police union, is facing at least two disciplinary charges. One is related to a social media post in which he referred to Muslims as “savages” and said, “They all deserve a bullet.” The other is related to criminal charges that he filed a false police report against another police officer, then-Superintendent Eddie Johnson.

Disciplinary charges follow an IA investigation into Catanzara who allegedly claimed that Superintendent Eddie Johnson allowed protesters onto the Dan Ryan Expressway. This will be the third time that the President of the police union has faced firing. Two prior superintendents have tried and failed to get Catanzara tossed from the force. The Civilian Office of Police Accountability recommended Catanzara’s firing after he made incendiary comments against Muslims.

Is it Illegal to Make Incendiary Comments About Muslims?

January 22, 2021

Stowaway From California Found Hiding at O’Hare Airport

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

Some folks are afraid to fly. Other folks are afraid of COVID-19. One man, who was afraid of both, hid inside O’Hare International Airport for three months to ostensibly avoid the dual-threat of airplanes and COVID. Now he is being charged with felony criminal trespass and misdemeanor theft. A Chicago judge allowed 36-year-old Aditya Singh released on $1,000 bond but ordered him to stay away from the airport.

Singh’s attorney, a public defender, told the judge that he has no criminal record. At present, it is unclear why Singh came to Chicago or if he has any relatives in the area.

Is Singh a Criminal?

January 20, 2021

Federal Investigators Arrest Chicago Man for Capitol Blitz

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

A Chicago man will face charges related to the Capitol blitz after he posted a photo of a plaque outside of House Speaker, Nancy Pelosi’s office on social media. Kevin Lyons, 40, who lives in the Gladstone Park neighborhood has been charged with misdemeanor counts of knowingly accessing a restricted area, violently entering a restricted area, and disorderly conduct on Capitol grounds.

Lyons was arrested at his Chicago home and appeared before a federal judge who ordered him released on a $10,000 bond. The conditions of his release state that he must not have any contact with anyone involved in the Capitol blitz or anyone planning any violent acts against the federal government.

Parading Your Crimes on Social Media

January 15, 2021

Chicago Area Businessman Charged With Defrauding COVID Relief Fund

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

A Chicago-area businessman has been indicted on federal charges for making fraudulent claims to the government in order to bilk COVID relief money from the fund. Carlos Smith, 56, of Park Forest, Illinois is charged with fraudulently obtaining $420,000 in small business loans from the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan Program (EIDL). Both programs were created under the CARES Act. Smith has been charged with two counts of wire fraud, one count of making false statements to a financial institution, and one count of money laundering.

The Alleged Fraud

Federal investigators say that Smith applied for a $270,000 loan from the PPP for his company CLS Financial. In the loan application documents, Smith indicated that his company had 61 employees and an average monthly payroll of $108,000. But the company had no employees at all, let alone payroll. Smith also lied about having been convicted of a felony in the past.