Chicago Criminal Lawyer Blog

January 3, 2020

Optometrist Accused of Murdering His Girlfriend

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

Cook County optometrist, 55-year-old Anthony Prate, has been given a $3 million bond by judge Goebel. The decision to place a $3M bond on Prate comes after the implementation of Rule 26, which is designed to release more low-risk suspects who have been accused of crimes and decrease the jail population. However, since Prate has been accused of murder, the judge has a right to either set bond or deny a release entirely. In this case, the judge has decided to set bond at a very large number.

Prate has been charged with stabbing his girlfriend to death. The judge required Prate to pay 10% or $300,000 of the bond amount. He will wear an ankle monitor while he is released and live with his mother during the duration of his release. Prate was also ordered to surrender his passport and any firearms he owns.

The defense argued that Prate is not a flight risk, has no prior criminal record, and posed no threat to the general public including any witnesses who may testify at his trial. The judge agreed that there was no legal way that he could deny bail in this case. Prosecutors, of course, took umbrage with the idea that Prate was not a risk, calling him “extremely dangerous.”

January 1, 2020

What is Rule 26 and How Could it Affect You?

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

Rule 26 went into effect on January 1st, but some counties are implementing a 30-day “trial period” to comply with the state’s new rule. Other counties have already implemented the new rule, and have seen benefits. The rule, which passed in the last legislative session, will impact how bail and pretrial release works in the State of Illinois. It is the result of two separate initiatives on the best practices for criminal justice.

The pilot program began as early as 2016 with 11 counties volunteering to adopt the measures. The initiative, which had its fair share of detractors, changes the way the bail system works and does away with money bail. Instead, the judge conducts a pretrial risk assessment when deciding if or when a suspect will be released and what kind of supervision they require. The ultimate goal of Rule 26 is to decrease jail populations.

In other words, instead of paying your way out of a jail cell, judges, in concert with other law enforcement officials, will be able to conduct risk assessments on suspects to determine whether or not they should be released on their own recognizance. However, ultimately, it is the judge’s decision alone that will impact if a suspect is released and the conditions of that release.

December 27, 2019

Illinois AG Orders Release of Body Cam Footage After In-Custody Death

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

The City of Waukegan is fighting an order handed down by the Attorney General to release body cam footage after a 31-year-old man died in police custody. The request was made by a private citizen under the Freedom of Information Act. The Attorney General issued a statement saying that the city’s refusal to disclose the footage violated the requirements of the FOIA. The city is arguing that it does not have to release the video because the investigation is ongoing. In other words, they are saying that since the mysterious death is still under investigation, they should be absolved from having to release potentially damning footage related to the incident. The death occurred in the summer of 2018.

The body cam footage was taken in June of 2018 after 31-year-old Avion Cotton was taken into custody after he fled on foot in an apparent attempt to escape police. Waukegan police said in a statement that Cotton had eaten an unknown white substance during the chase and became physically distressed while in custody.

The Background

December 25, 2019

Chicago Police Officer Found Guilty of Second-Degree Murder

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

Cook County judge, William Gamboney, found former Chicago police officer, Lowell Houser guilty of second-degree murder recently. Houser requested a bench trial as some police officers are wont to do when facing serious charges.

The trial stemmed from a 2017 off-duty shooting of Jose Nieves. Houser has been under house arrest since being charged with first-degree murder.

The judge ruled that Nieves may have been aggressive toward Houser, but the man was unarmed at the time of the shooting. He therefore decided that Houser’s actions were unreasonable and that the shooting was unjustified.

December 20, 2019

Reputed Mobster Indicted on Social Security Fraud

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

A Chicago mobster convicted a decade ago in an operation known as “Family Secrets” is now in front of a judge again having been charged with stealing more than $40,000 over the course of two years from social security.

Mickey Marcello is the half-brother of boss James Marcello who ran the Melrose Park Crew. Marcello has pleaded not guilty to one count of theft. He has been charged with one other man, Walter Paredes, in a separate indictment. Paredes is accused of stealing over $160,000 from social security over the course of four years.

Who is Mickey Marcello?

December 18, 2019

Anton Carter Given Life in Off-Duty Cop Murder

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

Anton Carter yawned and smirked after the judge told him he would be spending the rest of his life in prison for the murder of off-duty Chicago police officer Michael Bailey. The prosecution argued that Carter knew Bailey was a cop, which made the life sentence mandatory according to Illinois statutes. The judge in the case, Stanley Sacks, delivered a scathing rebuke of Carter, who at times looked bored at his sentencing hearing. The outcome of the sentencing was already predetermined by statute. Those convicted of murdering a police officer knowingly must face a mandatory life sentence. The judge noted that in some cases, mandatory sentencing parameters are unfair. In the case of Carter, Sacks made no such allowance.

Meanwhile, Bailey’s family spoke of forgiveness and appeared to make allowances for Carter who, they said, “never had a chance” in life. The family did say that the sentence helped them gain closure and that they can now move on with their lives.

Understanding the Law

December 12, 2019

State Senator Charged With Embezzling from Teamsters

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

State Senator Tom Cullerton is now facing federal charges that embezzled funds from the Teamsters. Federal authorities are accusing Cullerton of collecting a nearly $190,000 salary plus bonuses for vehicle and cellphone usage. He is also said to have taken $64,000 in health and pension contributions while doing apparently nothing for the Teamsters union.

Cullerton faced a grand jury indictment in August on one count of conspiracy to embezzle from a labor union, one count of lying about a public health matter, and 39 counts of embezzlement from a labor union.

Cullerton is one of three elected officials to face federal charges amid a federal probe into corruption in Chicago and Illinois. Cullerton has pleaded not guilty to all charges and expressed eagerness to clear his good name.

December 10, 2019

Gym Coach May Lose Citizenship if Convicted of Sex Crime

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

Jose Vilchis is facing charges that he sexually abused one of his students at I&M Gymnastics Academy. In addition, the U.S. Department of Justice is suing to revoke his citizenship. Vilchis is a naturalized U.S. citizen, meaning that he came to this country on a green card and then applied to become a full citizen of the United States. Even though the crimes for which Vilchis are charged are heinous, the government does not have the authority to revoke citizenship unless they can prove that a naturalized citizen committed some subversive act, joined an enemy of the state, or committed fraud in order to get citizenship. So even though Vilchis is charged with a sex crime, that alone is not enough to strip a naturalized citizen of citizenship.

Did Vilchis Lie on His Application for Citizenship?

The U.S. Department of Justice is claiming that he did. They say that Vilchis unlawfully concealed three other instances of sexual abuse of minor girls beginning in 1985 when he was a green card holder. However, Vilchis was never arrested or convicted of these crimes. Nonetheless, U.S. immigration asks those who are petitioning to become full citizens if they ever committed a crime for which they were not convicted. Vilchis, apparently answered ‘no.’

December 6, 2019

Kelly Brings in Plea Deal Guy

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

Kelly is currently facing a 13-count indictment claiming that he sexually assaulted several underage girls. According to The Chicago Tribune, he has brought in veteran criminal defense attorney Jeffrey Steinback, who is well known as a “plea bargain guy.” Plea bargain guys occupy an essential place in criminal defense and ensure their clients are not overcharged given the evidence. Steinback said that he was brought into the case as “another set of eyes” simply to lend his expertise—not (necessarily) to resolve the case before it goes to trial.

Kelly has been held in Metropolitan Correctional Center without bond since July.

How Plea Bargain Guys Work

December 4, 2019

Chicago Man Charged With Attempted Murder

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

Vertis Peterson was out on bond for an unrelated weapons charge when police say he repeatedly shot his neighbor’s brother multiple times. Records show that Peterson posted a $200 bond after being charged with felony weapons possession and a misdemeanor count of marijuana possession.

According to police, Peterson was standing on his porch next to his grandmother when he got into an argument with his neighbor’s brother, a 63-year-old man who had the apparent misfortune of walking down the block at the same time Peterson was on the porch. Peterson pulled a .22 on the man and allegedly fired it six times hitting him in the hip, abdomen, and arm. The 63-year-old survived the assault, but not Peterson is facing an attempted first-degree murder charge. His grandmother refused to allow him entry to her home after he emptied his revolver into the neighbor’s brother. The man was able to identify Peterson in a photo lineup.

Peterson has two prior convictions for domestic battery.