Chicago Criminal Lawyer Blog

May 11, 2022

“Shaken Baby” Syndrome Subject to Legal Controversy

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

A recent criminal suit filed against a babysitter has an old controversy back in the forefront. The babysitter is being charged with several felonies related to the death of an infant under her care. The defense had moved to exclude evidence produced by a Chicago physician who would testify that the baby died of trauma related to being shaken.

To make that determination, the doctor uses evidence provided from studies that tell forensic doctors to look for key hallmarks of shaken baby syndrome. The research has come under fire recently sparking a dispute between scientists.

According to the California Innocence Project, shaken baby syndrome has never been conclusively proven. The notion remains a hypothesis yet is used to convict parents using forensic doctors all the time. These doctors will testify that brain trauma is almost certain the result of the baby being shaken. While the defense can contest this hypothesis, it does not always stop a conviction.

May 6, 2022

Man Uses “Rape Panic” Defense in Murder Charge

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

A man told police, among other things, that another man had given him a ride home from a club. The man who offered the ride was later found bludgeoned to death in a pool of his own blood. The suspect, who was covered in blood, initially told police that he fell down the stares, but later revealed that he had bludgeoned the man to death with a hammer after the man had allegedly tried to rape him. Police found the victim’s wallet in the suspect’s possession. The suspect did not have a good reason for possessing the wallet. He has since been charged with first-degree murder.

The man pleaded guilty to a battery charge while out on parole for an unrelated offense. He was sentenced in 2013 for attempted murder. He pleaded self-defense in that case, too.

Analyzing the Defense

May 4, 2022

Judge Frees Suitcase Murder Suspect

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

In a high-profile criminal trial, a Chicago judge issued a stunning bench verdict in favor of the defense. The case gained national attention after a video surfaced of a man hauling a suitcase out of a public housing complex elevator and struggling to drag it outside. The suitcase allegedly contained the body of a murdered woman. In the video, the man appeared to change his clothes in between exiting and entering the elevator with various cleaning supplies. The judge ruled that this did not constitute evidence of a crime, leaving the family of the victim distressed.

The problem for prosecutors was that there was no evidence of foul play. They could not determine if the victim had actually been murdered and there was no evidence of a crime inside of her apartment. The judge stated that the 65-year-old woman had been drinking that day, and she could have died of natural causes. The defendant had faced murder charges before in 1985, but that case was dismissed when a witness failed to show up.

The defendant could be seen dragging the suitcase out of the housing complex into a dumpster, lifting the suitcase into the dumpster, then removing trash from other dumpsters to conceal the suitcase. However, the woman’s body was never recovered.

April 29, 2022

CPS Security Guard Accused of Sexual Misconduct

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

A Chicago public schools security guard is facing charges that he had an inappropriate sexual relationship with a 15-year-old student. The guard was suspended pending an investigation and now more allegations have surfaced. The security guard is now facing two counts of aggravated criminal sexual abuse of a minor. The students, who are 15 and 16, say that the security guard touched them inappropriately. Both students were male. The second victim informed his mother of the incident, which is when authorities became involved. They traced their way back to a second victim.

What is Aggravated Criminal Sexual Abuse?

Aggravated criminal sexual abuse, as opposed to criminal sexual abuse, is sexual abuse plus any one of a number of aggravating circumstances. Aggravating circumstances include the use of a weapon during a sexual assault, the use of drugs to induce a sexual assault, a victim over 60 years of age, or a minor victim when the attacker is an adult. In most cases, aggravated sexual assault is considered a second-degree felony in Illinois. However, when an adult perpetrator and minor victim is involved, it escalates to a class-one felony.

April 27, 2022

DA Vacates 44 Convictions Related to Ronald Watts

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

In a final push to revisit cases in which former Chicago police officer Ronald Watts was involved, the State Attorney’s office reversed course and agreed to vacate 44 convictions. Almost every case that was tied to the former officer has been reviewed. Many convictions have been vacated on appeal after allegations that torture and coercion led to convictions. Watts was also implicated in planting evidence.

Initially, prosecutors appeared ready to defend these cases due to the fact that other officers who were not involved with Watts also contributed to the conviction. However, the DA reversed course and decided to vacate the convictions on the basis that even his cursory involvement was enough to taint the case. A total of 100 convictions have been vacated against 88 defendants as part of an exoneration review of Watts’ cases. Three convictions not associated with exoneration efforts have also been vacated. According to the State Attorney’s office, 212 convictions have been vacated due to Watts’ criminal police work. Only a handful of convictions now remain before the court.

The officers, many of whom remain on the force, were accused of running a protection racket from a South Side public housing complex. They forced drug dealers to pay a “tax” and pinned bogus charges on anyone who did not.

April 22, 2022

Woman Charged With Hate Crime After Throwing Drink at Bartender

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

If you throw a drink at someone, that is battery. If you throw a drink at someone after calling them a ‘ho’ and demanding that they take their Star of David necklace off, then it is a hate crime. Such is the circumstance of a 30-year-old woman who was offended by the Jewish iconography worn by the bartender. She is now facing enhanced charges of battery evincing evidence of prejudice.

The woman went off on a tirade concerning Israeli-Palestinian conflict. When the bartender recognized she was Palestinian, she told the woman that she did not mean to upset her. The woman was not consoled. She informed the bartender that she “hated Jews” and then threw her drink at the bartender, striking her in the collarbone.

The woman was later identified via surveillance footage. She turned herself in before a warrant could be issued. The woman was released on her own recognizance and ordered not to drink or take drugs while her case is pending.

April 20, 2022

Bodycam Footage Shows Officer “Executing” Suspect

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

The community of Grand Rapids Michigan is reeling after an officer-involved shooting shows that a suspect was shot in the back of the head while resisting during a routine traffic stop. The events of this shooting are clear as day, but it remains unclear if any officer will be charged with a crime. This comes after police officers involved in the George Floyd murder rejected pleas offered by state prosecutors.

Bodycam footage shows that the officer pulled over a vehicle for having a license plate that did not match the vehicle. The officer pulls over the vehicle and the suspect immediately gets out of the car. The suspect does not have a weapon, looks confused, and tells the officer he has a license, but does not produce one. Later, the suspect can be seen walking away from the officer and then running. The officer pursues, tackles the suspect, and a struggle ensues. The officer draws his taser, the suspect intercepts it with his hands and diverts it. A struggle ensues. The officer is on top of the suspect when he discharges his weapon into the back of the suspect’s head. The suspect dies immediately. An autopsy confirms that the cause of death is a single gunshot wound to the back of the head.

Police reform advocates are saying this is another example of ineffective policing leading to tragedy. Pro-police advocates say that the suspect was still reaching for the officer’s taser when he fired the weapon.

April 15, 2022

Officers Charged in George Floyd Murder Reject Pleas

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

No, the George Floyd situation has not yet been resolved. Three Minneapolis police officers are still facing charges for aiding and abetting the murder of the detainee. Officer Derek Chauvin has been charged and convicted of causing his death. Chauvin was the officer who knelt on Floyd’s neck for nine minutes before he lost consciousness and died. The three others stood by and watched as Floyd was asphyxiated to death.

Chauvin argued at trial that Floyd had a history of heart problems and drug dependency which contributed to his death. However, they could not prove that there was anyone alive who could survive a grown man kneeling on their carotid artery for 9 minutes. Hence, he was convicted of the homicide of George Floyd.

The three men have been convicted of violating Floyd’s civil rights and two of the officers were charged with failing to intervene on Floyd’s behalf. The officers claimed that Chauvin was the lead officer on the scene and so they deferred to him for leadership. They said they were not trained to intervene on a suspect’s behalf against a police officer. However, federal prosecutors reminded them that they were, in fact, duty-bound to do so.

April 13, 2022

Walgreens Faces Trial for Opioid Prescriptions

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

It does not happen as often as it should, but sometimes, corporations face criminal charges related to their conduct. Pharmacy chains such as Walgreens and CVS have recently been targeted by state governments for contributing to the opioid epidemic. The drug chains are accused of dispersing hundreds of thousands of pills per week which were then diverted to pill mills. Massive upticks in opioid medication distribution did not trigger red flags for anyone involved. The chains are accused of knowingly helping cause the epidemic.

State governments have filed criminal and civil charges against various corporations and their executives, some of whom were given decades-long prison sentences for their role in distributing pills to black-market merchants. CVS settled a similar lawsuit for a reported $870 million. Walgreens is facing a similar judgment if they lose at trial. Meanwhile, Perdue Pharmaceutical has reached a tentative $6 billion with the U.S. government with much of the money paid directly by the Sackler family, which owns the company.

The case against Walgreens

April 8, 2022

Verdict Alert: Water Polo Coach Accused of Bribery and Fraud

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

Closing arguments are currently underway in a trial against a USC water polo coach. The coach is accused of faking test scores and inventing athletic achievements including using his role as a water polo coach to help rich applicants secure spots at the exclusive college.

According to prosecutors, wealthy parents paid over $200,000 so that the coach could establish their children as water polo recruits to gain acceptance. Attorneys for the defendant claim that their client never took a bribe. His attorneys claim that some of the money was deposited into the water polo team’s coffers with the rest of it being scholarship money awarded by a non-profit for the coach’s children. However, the non-profit organizer is a close crony of the coach and is considered the mastermind behind the bribery scheme which targeted several schools.

60 people have been charged in the scheme to help rich people get their low-performing children into exclusive schools. The water polo coach is the only one to fight the charges at trial. The investigation took down Lori Laughlin of Full House fame and other notable celebrities.