Criminal defense

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.

January 13, 2021

Chicago CEO Loses Job After His Role in Capitol Riots

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

Many of those who engaged in the violent protest that ended the life of one D.C. officer and several protesters are facing federal charges right now. Their faces and names are appearing all over social media and their identities are being revealed. In cases in which the federal government refuses to file charges, the individuals are being held accountable by the companies for which they work. One Chicago-area CEO discovered this the hard way.

Bradley Rukstales is one of the protesters who are facing federal charges stemming from the Capitol riot. He has also lost his job as CEO of the tech company Cogensia. A spokesperson for the company said Rukstales was terminated on Friday, effective immediately. The Vice President and COO of the company will take over Rukstales’ duties.

The company issued a statement that said that Rukstales’ actions were not consistent with the core values of the company. Rukstales is also facing federal charges for unlawful entry and disorderly conduct on Capitol grounds.

January 8, 2021

Seven Children Found in Vacant Apartment, Mother Charged

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

Chicago police have charged an area mother after her seven children were found in an abandoned West Side apartment. The 31-year-old single mother has been charged with seven counts of child endangerment. Police were called after someone from the apartment building called to tell them that they heard noises inside an apartment that was supposed to be vacant. Inside, the police found seven children ages 14, 11, 7, 6, 5, 4, and 2. All seven children were brought to the hospital for an examination. Police say the children are in good health.

Neighbors described the woman as “nice” and a “hard worker.” According to the property manager, however, the apartment was supposed to be vacant and the woman and her children were squatting there. When the property manager tried to enter the apartment, he found it blocked off by a 2×4.

The Children Were Found in Squalor

January 1, 2021

Police Say Suspect Grabbed for an Officer’s Gun

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

A man who was arrested on suspicion of domestic battery grabbed for the arresting officer’s gun, police say. Unsurprisingly, Mario Castro appeared before the criminal court judge with a black eye and his arm in a sling. The judge entered a not-guilty plea on behalf of the defendant and assigned him a public defender.

According to the police report, Castro body-slammed his girlfriend and punched her in the face over an argument concerning a phone. Police were called to the home at 7:30 p.m. The victim told police that Castro made “rude comments” about her children so she demanded that he leave. She told police that Castro responded by body-slamming her in front of her children.

Castro left the apartment before police arrived but returned later and the police were called again. At about 8:10 p.m., they arrived at the scene, again too late. This time, Castro had taken the woman’s cellphone and punched her in the face. Castro came back a third time, and police found him hiding in a pantry closet. Castro was asked to step out and did but he pulled away from police when they asked him to put his hands behind his back. Castro was taken down, still struggling. He managed to grab a gun magazine and strike the officer in the arm with it. He then attempted to remove the gun from the officer’s holster but was repelled in the attempt. Eventually, the police tased Castro, but the taser was not enough to prevent him from continuing to struggle. Eventually, police were able to get him in handcuffs, but Castro continued to struggle, so they sprayed him with pepper spray.