Chicago Criminal Lawyer Blog

February 26, 2020

Harvey Weinstein Convicted of Rape

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

Well, in case you have not heard, and you would have to be living under a rock not to, Harvey Weinstein, the impetus for the #MeToo movement was convicted on two charges, including rape. Weinstein appeared old and battered as he painfully moved through the courtroom with the help of his walker to receive his sentence.

While the conviction is chewing up all the headlines, Weinstein was also acquitted of two more serious charges. Nonetheless, he could face up to 29 years in prison. At 67 years of age, that is practically a life sentence.

Weinstein was acquitted of two counts of predatory sexual assault, each of which could have carried a life sentence. Those counts hinged on the testimony of popular Italian-American actress Annabella Sciorra, who told the jury that Weinstein had barged his way into her apartment and forcibly raped her. The testimony was supposed to provide evidence of a pattern of sexual misconduct going back several years.

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.

January 31, 2020

Victim Must Return to U.S. After Brutal Rape

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

Rufus Carson chose to reject a plea deal that would have lifted the burden of a trial for his victim, a Polish teenager who must now return to the U.S. to testify against him. Carson faces felony charges of aggravated criminal sexual assault, aggravated kidnapping, and attempted first-degree murder. Carson rejected a plea that offered him a 30-year prison sentence. As it stands, he may face life imprisonment for the litany of crimes he committed against this one victim. He will go to trial in March.

The victim and her family had hoped that Carson would take the plea deal because this would have prevented her from having to come back to the place where she was assaulted and face the man accused of assaulting her. It is more than likely that the prosecution will ask her details concerning the assault, forcing her to relive the event.

Carson Stalls for Time

January 29, 2020

Chicago PD Begins Using Facial Recognition Software

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

Chicago PD will begin using Clearview, a controversial facial recognition software used by the FBI to identify suspects. The controversy surrounding the software is similar to the controversy surrounding law enforcement in general. In other words, it is racist. It also involves another well-established controversy: It is a violation of privacy.

You see, the FBI and law enforcement have access to a database of three billion photos lifted from sites like Facebook, Twitter, Instagram, and other social media megaliths.

How Does it Work?

January 24, 2020

DNA Links Man to 12 Murders and Nine Rapes

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

Bruce Lindahl has been linked to the 1976 murder of a Woodridge teenager and is a suspect in 12 murders and nine rapes. The one thing that Lindahl has going in his favor, however, is that he is already dead. Lindahl died in 1981 before DNA technology would be combined with databases to help route out serial murderers and rapists. To date, several tips have been phoned in concerning Lindahl, and more are expected.

Investigators believe that Lindahl committed at least nine murders and there is a high chance that he may be linked to three others. Of the rapes, several of his victims have died, but there are also some who are still alive.

The case of 16-year-old Pamela Maurer was cold for over 40 years before police used a “new kind of DNA analysis” to link Lindahl to the murder. This same method was used to identify the “Golden State Killer” who authorities believe is responsible for several murders and rapes in California.