Criminal defense

March 13, 2020

Lake County Councilman on Trial for Domestic Battery

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

Monday, a judge delayed the trial of former Lake County councilman Jamal A. Washington. Washington is being charged for the third time with domestic battery. The initial date had been set for April, but Washington’s attorney asked for a continuance because he plans on calling more witnesses than he had originally listed.

The 46-year-old Washington has been convicted twice of domestic battery. In this case, Washington is accused of striking Gary Councilwoman LaVetta Sparks-Wade and holding her against her will for nearly 16 hours in her own home.

The continuance will allow the prosecution to depose the witnesses prior to the trial and allow the defense to introduce what is more than likely to be exculpatory evidence on Washington’s behalf.

March 11, 2020

Feds Delay R. Kelly Trial After Major Seizure

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

Federal agents have seized 100 electronic devices after executing a search warrant of R. Kelly’s property. The seizure has resulted in a postponement of R. Kelly’s trial while investigators and prosecutors determine whether or not there is any new information that can potentially be used to charge Kelly with more crimes.

The information came out during a routine arraignment during which Kelly was being charged with abusing a minor victim over the course of four years beginning in 1997.

The trial had been set for April 27 but is now likely to be postponed while investigators determine whether or not there is anything actionable on the iPads, cell phones, and other electronic devices found in the raid.

March 4, 2020

Trial of Man Charged in Death of Decorated CPD Veteran Begins

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

The trial of Shomari Legghette is set to begin. Legghette is charged with murdering 31-year Chicago police commander Paul Bauer after the two men tussled in a stairwell outside the Thompson Center in February of 2018. Legghette faces an uphill battle. Legghette faces a first-degree murder charge along with several drug and weapons charges. Legghette, who is a four-time convicted felon, may take the stand on his own behalf. He will say that the killing was in self-defense and the defense will introduce evidence that Bauer and Legghette had a long acrimonious history.

Taking the Stand on Your Own Behalf

The decision to place a defendant who is facing criminal charges on the stand is a difficult one for an attorney to make. If you allow your client to take the stand, it opens the prosecution up to bring in other evidence of past crimes. In this case, however, the defense may have no choice. It is common for those who argue that a killing was justified because it was done in self-defense to take the stand.

February 28, 2020

Woman Under Investigation After Shooting Her Boyfriend

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

Hours after sharing a meal together, an unnamed woman shot and killed her boyfriend, Steef Giovanni Corniel. The woman told police that Corniel had struck her several times and been physically abusive in the past. She said that Corniel had struck her while she was driving and later choked her at her apartment. He also threatened to kill her mother, according to the woman.

River Grove police chief Mike Konwinski believes the woman should be charged with murder, but Cook County State’s Attorney Kim Foxx says that there is not enough evidence to prosecute. Corniel’s family believes that the woman should be charged and in a statement, Corniel’s grandfather claimed that the killing was not self-defense, it was murder.

What Happened?

February 21, 2020

Jussie Smollett Could Face Federal Trial

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

The former Empire star who allegedly got himself beat up to provoke racial tensions could still face the same charges again. Typically, double jeopardy would prevent such a trial from ever occurring, but a little-known precedent established right here in Cook County may allow prosecutors to file charges again after charges against Smollett were dropped by lead prosecutor Kim Foxx.

Prosecutors will use the long-decided case of mafia enforcer Harry “The Hook” Aleman as precedent for bringing new charges against Smollett. In Aleman’s case, Cook County judge Michael Toomin ruled that because the judge in the original case had been bribed, the failed conviction and consequent acquittal did not count and allowed Aleman to be charged again with the same crimes

Toomin is the same judge who will hear prosecution arguments as to why Smollett should be tried again. The argument appears to be that Foxx should have recused herself from the case and since she did not, the entire episode was invalid from start to finish.

February 19, 2020

Jury Begins Deliberating in Weinstein Trial

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

Both sides finished their closing arguments and the jury began deliberating on the fate of Harvey Weinstein, the once-powerful movie producer who has been implicated in hundreds of accusations of predatory sexual abuse. The judge delivered instructions to jurors to “use their common sense” which is generally good for prosecutors and bad for defendants, as common sense has a way of siding with authority in these matters. However, in this case, the judge’s directives may have echoed the closing arguments of Weinstein’s lawyer Donna Rotunno, who specializes in sexual assault criminal defense.

Nonetheless, jurors sent a note asking for the legal definition of consent and forcible compulsion and questioned why Weinstein was not charged in connection with the alleged rape of actress Annabella Sciorra.

Further instructions stipulated that jurors who found Weinstein not guilty of one count must find him not guilty of other counts, as well. The judge defined forcible sexual intercourse and predatory sexual assault, among other terms, for the jurors.

February 14, 2020

Woman Stabs Street Performer at Chicago Train Stop

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

Critics can be difficult for fledgling artists to take, but most criticism is constructive and nonviolent. This was not the case for a Chicago busker who ran into the wrong woman at the wrong time. 38-year-old Barbara Johnson stabbed 28-year-old street performer, Michael Malinowski, at the Jackson El Stop because she claimed that his music was “giving her a headache.”

Malinowski, who is better known as Machete Mike, had his guitar plugged into an amplifier. Johnson allegedly unplugged the guitar from the amplifier and threw it onto the tracks before stabbing Malinowski. Prosecutors allege that she also attempted to push Malinowski onto the tracks, but failed to do so. It was then that she settled for his guitar and took out a knife and stabbed him.

Johnson was arrested at the scene and has been charged with aggravated battery with a deadly weapon, aggravated battery in a public place, and criminal damage to property.

February 12, 2020

Former Chicago Police Officer Gets 10 Years for Shooting

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

A former Chicago police officer, Lowell Houser, was given a 10-year sentence for second-degree murder just recently. Houser has already spent three years under house arrest with an ankle monitor and he will have that time credited toward his sentence. Since those convicted of second-degree murder are only required to serve half of their sentence, Houser will only be required to serve two more years after a jury found him guilty in the slaying of Jose Nieves.

Prosecutors wanted to charge Houser with first-degree murder, but a judge nixed the idea when he ruled that Houser truly believed that he was under a direct threat when he fired the gun. The same judge, however, ruled that the shooting was not justified regardless of Houser’s subjective belief that he was in danger.

The Sentencing Phase

February 7, 2020

Satan Disciples Gang Member Allegedly Kills Almighty Saints Gang Member

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

A member of the Satan Disciples gang is under investigation over the murder of his cellmate, 19-year-old Pedro Ruiz, who is believed to be a member of a rival gang known as the Almighty Saints. The 24-year-old inmate, whose name was not released to the press, is also believed to have been a part of a vicious beating on a Cook County inmate three months prior. The name of the suspect will not be released until he has been charged with the murder, authorities said.

The same inmate was locked up on charges that he used a rifle to injure a man in 2017. Police say that he was among five detainees who ruthlessly beat another inmate. Video surveillance shows him punching and kicking a 41-year-old victim. Other members of the group then stabbed him with a shank.

“No Comment”

February 5, 2020

Man on Trial Over Murder of Girlfriend in 2012

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

The trial of George Kleopa began Tuesday after eight years slogging its way through the court system. Kleopa is accused of killing his then-girlfriend, Michele Peters, with whom he lived. Interestingly, Kleopa is being charged with involuntary manslaughter, as opposed to second- or first-degree murder. Kleopa claims that he asked Michele to hand him a gun so that he could clean it when the gun misfired and shot her. The bullet entered her right cheek and became lodged in her brain. She was killed.

The Background

Kleopa and Peters had been together for 10 years before her death. They had two young sons together. By all accounts, Kleopa was “hysterical” after the accident and paramedics recalled having to pull him off his girlfriend’s body after which he cried on the couch.