Criminal defense

October 23, 2019

Federal Jury Rules Chicago Cops Guilty of Corruption

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

Based on the strength of testimony from other Chicago cops and a Chicago judge, police officers Xavier Elizondo and David Salgado were recently found guilty of stealing cash and drugs and otherwise profiting on the drug trade they were supposed to be eliminating. The federal trial made national headlines because it detailed the type of corruption that goes on every day in Chicago. These police were accused and then convicted of lying on search warrants, using money and drugs from seizures to pay off informants who would provide anonymous information to judges who would then authorize illegal searches.

If you are concerned that this is a civil rights violation, then you are thinking about this the right way. So-called John Doe search warrants that have anonymous informants tattling on suspects were at the heart of the problem these two Chicago police officers caused. Nonetheless, these search warrants will continue to be used long after this trial has concluded.

Officers Remain Free

October 18, 2019

Illinois Man Kills Five People After Facing Eviction

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

Krysztof Marek entered a neighboring apartment and killed four people who were gathered around the table for dinner. Then he went upstairs into another apartment and executed a fifth. Why? According to police, the man was being evicted from his Chicago condo. Marek left behind a note in his native Polish: “Tomorrow!! No Mercy! Enough!! They have to pay for it!!”

After executing the five people, Marek went back to his own apartment and greeted officers as they came to his door. He told them that he thought they were looking for him and then he confessed to the murders.

Investigators later found multiple grievances against his neighbors although it was not clear specifically which neighbors had incited Marek’s anger. Marek had accused one neighbor of walking too loudly on the floor above his apartment. He left behind a series of unhinged messages that seem to be gearing himself up for the attack.

October 16, 2019

What is a “Brady” Cop and Why are They Allowed to Testify?

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

In 1963, the Supreme Court ruled on a case known as Brady v. Maryland. The criminal case involved a defendant, Brady, who was accused along with another defendant of murdering a third man. Brady told police that he was involved in the murder, but he had no intention of killing the man and his partner had been solely responsible for the murder. The two men were tried separately and both were convicted of first-degree murder and sentenced to death.

Brady appealed his conviction on the grounds that the prosecution withheld evidence that the other defendant confessed to being solely responsible for the murder. His case went all the way to the Supreme Court where the justices decided in favor of Brady, saying the conviction should be vacated on the grounds that the prosecution did not turn over exculpatory evidence that would have resulted in a not guilty verdict.

The legacy of Brady v. Maryland is that it forces prosecutors to turn over any evidence that may help the defense at trial. Does this always happen? Of course, not. More disturbingly, according to one USA Today investigation, many police officers who have been sanctioned for on-the-job problems are still called to testify in cases in which their testimony is relied upon to convict defendants.

October 11, 2019

Two Gang Officers Charged After FBI Sting

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

Two Chicago police officers, Sgt. Xavier Elizondo and David Salgado, are facing federal charges for obstruction of justice, lying on affidavits, and lying to the FBI. The two allegedly falsified information on search warrant petitions to judges to execute no-knock warrants in Chicago’s most dangerous neighborhoods. They are also accused of stealing drugs and money recovered from the raids.

In early 2018, the FBI set Elizondo and Salgado up. They had stolen what they believed was drug money from a vehicle that the FBI towed away. Later that day, the FBI raided Salgado’s home. Both men have pleaded not guilty to conspiracy and obstruction charges. The most serious charge against the men carries at 20-year sentence.

Search Warrants at the Heart of This Trial

October 9, 2019

9-Year-Old Charged With Five Counts of First-Degree Murder

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

A 9-year-old stands accused of starting a fire that killed five people, including three other children. He has been charged with five counts of first-degree murder, two counts of arson, and one count of aggravated arson. Cases like this are rare. The youngest child ever to be sentenced to life in prison was Lionel Tate, when he was 13. This child, whose name has been withheld by authorities will be among the youngest ever to stand trial for murder.

More confusing still is that fact that the majority of children who were tried as adults did not commit some other crime that resulted in a death, but murdered someone else with a direct weapon. This child is accused of starting a fire that led to five deaths.

Prosecutors say that they have enough evidence to prove that the child started the fire intentionally and knew that the fire could result in the deaths or injury of other people. However, child psychologists argue that the 9-year-old brain has not fully developed enough to understand the consequences of those actions.

October 4, 2019

Man Found in Connection With Year-Old Rape Investigation

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

A man entered a 43-year-old woman’s apartment through a back door that she had left open to get some air and sexually assaulted her. A year passed with no suspects. Now, DNA links Christopher Nelson to the crime. He has been denied bail.

Decades of CSI-style TV shows have led the American public to believe that DNA evidence is unimpeachable. Indeed, it provides law enforcement with its best means of tracking individuals to certain crimes. DNA links Nelson to the crime and the woman he assaulted also picked him out of a lineup.

Understanding DNA Evidence in Rape Cases

October 2, 2019

Man Who Drove SUV into Mall Charged with Terrorism

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

Javier Garcia, the 22-year-old man who drove an SUV into the Woodfield Mall in Schaumburg, has been charged with terrorism. Illinois State Law defines terrorism as any act that causes more than $100,000 worth of damage to a building with five or more businesses inside of it. Unluckily for Garcia, malls apply. He faces a second count of criminal property damage.

Investigators say that this was a planned attack and that Garcia had searched for the Woodfield Mall, including aerial shots of the mall. He seemed particularly interested in Sears for some reason, but no motive for the act has yet been unearthed.

Those who were there on the scene when Garcia drove his SUV through the mall recall the vehicle barrelling through kiosks and shoppers running panicked for their lives. Garcia was caught on video browsing in Sears, then he left the building and drove his vehicle into the store. Police said that Garcia narrowly missed a children’s train that had children riding on it. While no one was hit by the car itself, three people had to be taken to the hospital with minor injuries.

September 27, 2019

Chicago College Student Accused of Being a Spy

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

If you are into intrigue, the case against Chicago exchange student Ji Chaoqun has got to be one of the most fascinating developments in recent memory. Ji is accused of being a Chinese spy tasked with gathering information on eight Chinese nationals working for major U.S. aerospace companies and many of whom have worked for Department of Defense contractors.

Officials believe that Ji met with handlers in China where he was tasked with uncovering biographical information on these individuals and attempting to recruit them for the Chinese government. Officials say that China was attempting to steal U.S. secrets related to aerospace engineering and Ji was meant to help turn the eight scientific experts against the U.S. and leak our secrets to the Chinese government.

The student now finds himself embroiled in an international conspiracy.

September 25, 2019

Defense Presses for Mistrial in the Tyshawn Lee Murder Trial

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

One of the most carefully watched criminal trials in recent memory hit a snag when defense attorneys claimed that the prosecution withheld evidence in the Tyshawn Lee murder trial. Two men are charged with murdering the 9-year-old boy in a gang-related killing. The two are accused of targeting the boy because they believed his father had been involved in an attack targeting one of the defendant’s family members.

What Did the Prosecution do?

Essentially, the prosecution failed to provide evidence that police had stopped two young men that fled the scene of a music video being shot. The gun that killed Tyshawn Lee was later recovered from that incident. During the trial, police suddenly remembered that they had made this stop and informed prosecutors. Prosecutors handed this information over to the defense while the trial was underway, and the defense was rightfully upset to be learning about it well into the trial.

September 20, 2019

Will Criminal Charges be Filed Against Lincoln Park Nursing Home?

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

Cook County State’s Attorney Kim Foxx will decide whether or not to press charges against employees at a Lincoln Park nursing home who swindled a resident with dementia out of $700,000. Public Guardian Charles Golbert took custody of 98-year-old Grace Watanabe removing her from the care of Symphony Residences.

Watanabe was removed in 2018 after her bank noticed a series of unusual withdrawals and alerted authorities. Currently, there is a civil action against the Nursing Home naming individual staff members who attempted to drain the woman’s bank account dry. Those close to the woman, however, are hoping that criminal charges are filed against those who directly perpetrated the theft. Criminal charges would take precedence over civil charges and that case would be prosecuted first. If the defendants in the criminal case lose in court, it severely limits their ability to defend themselves in civil court.

Golbert Asks for Criminal Charges Against Five Employees