April 3, 2019

“Civil Commitment” Prisoner Freed After 32 Years

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

You have to be careful about accepting any kind of a plea. If a deal sounds too good to be true, it probably is. Just ask Jussie Smollett. He may have gotten off with a slap on the wrist, but now the police department is suing him for money related to the investigation and the federal government still wants to press charges. The original sounded too good to be true, which outraged local politicians and law enforcement.

If you want to hear about an even worse deal, ask Terry Allen who was held behind bars for 32 years without ever being convicted or sentenced of a crime. Allen took was is known as a “civil commitment” plea deal in lieu of facing criminal charges on an alleged sexual assault. He was never sentenced to prison. He was never convicted of a crime. He spent 32 years behind bars.

Again, it sounded like a great deal. Allen was facing several years behind bars when prosecutors offered a plea in lieu of a criminal sentence to voluntarily submit himself to civil commitment. Civil commitment is held aside for those who are deemed a threat to themselves or others but also have serious mental illness. However, civil commitment allows for patients to be detained indefinitely pending the results of a psychiatric evaluation.

March 29, 2019

Prosecutors Drop Charges Against Jussie Smollett Amid Maelstrom of Anger

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

Prosecutors in the Jussie Smollett case opted to offer the maligned Empire actor an alternative disposition sentence of community service and the forfeiture of his $10,000 bond in lieu of prosecuting Smollett on 16 counts of felony disorderly conduct. Smollett stood accused of faking a hate crime against himself. Chicago police reportedly began investigating the event as an assault, but the two men who stood accused of the crime claimed Smollett hired them to beat him up. Chicago police then turned their attention to Smollett claiming that his motive for staging the attack was that he was unhappy with his salary on Empire.

Smollett, who is black and gay, earned the ire of just about everyone after evidence came pouring in that the hate crime was staged. Those who were victims of hate crimes denounced Smollett as drawing attention away from a legitimate issue and tinging it with a veneer of doubt. Indeed, the conversation concerning race-related assaults and homicides shifted toward how many of those were fake. Social media pundits seemed to latch onto the event as vindication that the entire dialogue concerning hate crimes is flawed.

Then, after the 16 felony counts against Smollett were dropped, the conversation shifted toward the price of justice in America and how those with money can buy their way out of trouble while those without are forced to stand trial for similar crimes. In other words, it was a departure from the narrative that the courts convict black defendants at a higher rate while giving a pass to white defendants for the same crime. The dichotomy shifted to rich versus poor.

March 27, 2019

Ripper Crew Murderer Paroled

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

If you remember back to the 1980s, there was widespread fear that Satanists were stealing babies, harming women, and otherwise committing mayhem against the nuclear family, God, and the American people. While many of the fears proved groundless hysteria, they were based, as most fears are, on isolated events that shocked the cultural morals of everyday people. One of these Satanic Panic events happened right here in Chicago and now, the killer is being paroled after nearly 35 years in prison.

Thomas Kokoraleis was a member of the Ripper Crew that kidnapped, raped, mutilated, and murdered over 20 women across the Chicago area. As a condition of his parole, however, he has to find a place to live. This can prove troublesome for a man who was convicted of kidnapping young women in their early 20s and then murdering them after raping them. The bodies that police found were sadistically mutilated. When he does find a place to live, he will have to register as a convicted sex offender and alert local authorities to his whereabouts. He will also likely be a prime suspect if any women turn up missing. His will be the first door that they knock on.

The Chicago Ripper Crew

March 22, 2019

Man Will Stand Trial for the Dismemberment of a Child

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

In one of the more disturbing criminal trials of late, Kamel Harris will stand trial for the murder and dismemberment of a 2-year-old boy. The boy’s remains were found in the Garfield Park Lagoon. While the prosecution had extended a plea deal to Harris, the family put a stop to it amid concerns that their child was not being served justice.

Many states throughout the U.S. have recently passed some variation of a Victim’s Rights legislation that gives individuals who have been harmed by a defendant or their families more say in how the case is prosecuted. Critics of the legislation noted that defendants have only been accused of crimes, not convicted of them. It remains unclear what sort of impact victim’s rights legislation (Marsy’s Law) will have on the ability of defendants to get fair criminal trials.

What are the Charges?

March 20, 2019

Dismissed Case Shines a Dark Light on Quality of Chicago P.D. Forensics

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

Our criminal justice system was founded on the idea that it is better to let a man go free than to imprison him unjustly. For that reason, prosecutors are held to a very high standard of proof. In many cases, this proof is acquired using scientific means. However, sometimes these means are not so scientific and other times the methods of quality control are severely flawed.

In 2016, Judged Stuart Katz dismissed a complaint against a Chicago juvenile when fingerprint evidence was brought against him. The forensic officer involved in matching the prints was castigated in court after the Judge found a number of methodological flaws in the man’s work. The judge accused the Sergeant of being “oblivious” and “not caring about educating himself” in his own field or work. He went onto say that there appeared to be no audits or any method of verification and that they did not follow the basic procedures set forth by the FBI. The judge determined that the entire department needed to clean up its act or they would find it very difficult to enter forensic evidence into the record during future trials.

The FBI is Just as Bad

March 15, 2019

Robert Kraft Refuses Plea in Solicitation Lawsuit

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

Is it ever worth it to take a plea? Not if you are Robert Kraft, the owner of the Super Bowl Champion New England Patriots. The prosecution offered Kraft a sweetheart deal on two misdemeanor solicitation charges. If Kraft agreed to state that “he would have been proven guilty had the case gone to trial” then the prosecution would drop all the charges. But Kraft and his attorney, smelling blood in the water, wants to force the prosecution to actually prove their case in court or dismiss the charges outright. Why?

Everyone knows that Kraft did exactly what he is being accused of, but the problem is not that he did it, it is how the prosecution came by the evidence that he did it. Essentially, police officers have Robert Kraft on video receiving sexual favors from working girls at the Orchids of Asia Day Spa. So, why is he not dead to rights, and why is the prosecution extending him such a great deal?

In order to understand that, we have to delve a little deeper into how they came by that information.

March 13, 2019

R. Kelly Puts Accusers on Trial in Sexual Abuse Case

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

R. Kelly has been in the headlines again for all the wrong reasons. The documentary entitled Surviving R. Kelly has made major waves across the nation. Now, R. Kelly finds himself on trial once again for crimes that he claims he did not commit. What is his strategy? Putting the victims on trial. Criminal defense attorneys believe that no matter how much a defendant’s crimes upset our sense of social justice and basic decency, they are entitled to a defense under the law. But Illinois makes it very difficult for defendants like R. Kelly to attack their accusers in court.

Illinois Rape Shield Law

Illinois’ rape shield law (725 ILCS 5/115-7) covers specific types of sex crimes. These include:

March 8, 2019

A Little-Known Law on the Books Related to Prostitution

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

South suburban Orland Park was home to a massage parlor that was recently closed. One of the masseuses has been charged with prostitution. 53-year-old Jihua Dun allegedly propositioned an undercover police officer, offering to perform a sex act in exchange for money. The former employee of Ty Spa gave the massage to the officer on March 7.

Law enforcement was prompted by complaints from patrons. According to a press release by the Orland Park Police Department, certain spa employees were “unlawfully touching” and propositioning customers. After allegedly propositioning the undercover officer, investigators entered the business and arrested Dun. She was released after posting bond and will appear in court mid-April.

The business license for the spa was immediately revoked after the arrest. The future of Ty Spa depends on the outcome of a pending hearing before Village officials. According to police, three years ago, a spa called Zy Massage was listed at the same address. It was also shut down because two employees were charged with prostitution. A police spokesperson said it was common for a new unrelated company to open in a location previously occupied by the same type of business for commercial purposes.

March 6, 2019

The Difference Between Homicide and Murder

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

A man involved in a bizarre love triangle was charged with murder after a shooting in Evanston. Sandoval Cobian, 38 years old, is facing murder charges after allegedly shooting his romantic rival in the north suburb. The Chicago native was charged with two counts of first-degree murder, as reported by Evanston police.

On Friday, March 15, officers found Angel Miranda, 33 years old, suffering from multiple gunshot wounds to the abdomen and chest. He was located behind a residence in the 1800 block of Simpson Street and pronounced dead at the scene, according to the Cook County medical examiner’s office.

Miranda, who was a resident of the Little Village neighborhood of Chicago, was visiting his girlfriend. She found him shot and called authorities. Investigators later learned Cobian and Miranda were romantically involved with the same woman. Police reported that Cobian shot Miranda because of jealousy and a “romantic rivalry.” Cobian was ordered held without bail. His next court date is set for the end of March.

March 1, 2019

What You May Not Know About Domestic Violence Laws in Illinois

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

Because domestic violence is a very real and pervasive threat in the U.S., the Illinois legislature has concentrated on making domestic violence laws more stringent. Law enforcement in the state has created dynamic new policies. Prosecutors are now responsible for enforcing new laws in addition to ones that are already on the books.

Many people do not realize that the state files the criminal charges for domestic violence, not the victims. It is important that you have a clear understanding of the laws governing domestic violence and what may be ahead if you are convicted of such a crime. A Chicago domestic violence attorney can help assess your case and guide you through building your defense.

What You May Not Know About Domestic Violence Laws in Illinois

Chicago Criminal Lawyer Blog

What You May Not Know About Domestic Violence Laws in Illinois