Recently in Defense & Process Category

Five years after two young girls were murdered in Zion, Lake County prosecutors are rethinking their case in light of new DNA evidence, as reported by the Chicago Tribune. It appears they may have charged the wrong man in the murders of Laura Hobbs and Krystal Tobias.

Keith Grant, an assistant public defender assigned as the Illinois criminal defense attorney for defendant Jerry Hobbs, said DNA taken from 8-year-old victim (and Jerry Hobbs' daughter) Laura Hobbs matches another man:

"Since we developed this profile, we have been confident that it leads to only one conclusion, and that is that our client is innocent."

Questions have surfaced regarding the autopsy of Kathleen Savio, just days before former police officer Drew Peterson's trial for the murder of his third wife is scheduled to begin, according to the Joliet Herald News. Prosecutors have called for hearing to determine whether the involvement of a former Fox News producer was inappropriate.

Among the questions related to former Fox News producer Steph Watts, who filmed the 2007 autopsy and took notes, is whether he also assisted with the autopsy. Kathleen Savio's three-year-old corpse was exhumed and examined at the request of her family.

Drew Peterson's Illinois criminal defense attorneys have criticized the news producer's involvement in the procedure and also claim his autopsy notes curiously include the phone number for Joe Francis, the producer of the scandalous video line "Girls Gone Wild."

Former Chicago Police Cmdr. Jon Burge used lies and a belief that he was above the law to dodge suspicion of abuse he waged on criminal suspects for several years, according to Assistant US Attorney Patrick Weisman, as reported by the Chicago Sun-Times.

Jon Burge and his staff arrested and tortured about 135 men and women at Area 2 police headquarters, all African-Americans, between 1972 and 1991, according to the University of Chicago's Police Torture Archive. According to various court cases, he and officers under his command used electric shock to the ears and genitalia, mock executions, suffocation and burning.

The infamous Chicago Outfit mob is not the only organized criminal enterprise to influence jurors through implicit threats of violence. Suspected street gang member Brian D. Long was charged with attempting to intimidate prospective jurors in a gang-related murder trial, the Chicago Tribune reported.

Assistant State's Attorney Greg Sams said Brian Long was seen illegally communicating with jurors and also copied down their names from their juror name badges. Raul Perez-Gonzalez is being tried on first-degree murder charges related to a January 2009 shooting in Elgin believed to be gang-related.

Judge T. Jordan Gallagher ordered a mistrial in the trial of Raul Perez-Gonzalez.

A federal judge issued a court order allowing reputed Chicago "video poker king" Casey Szaflarski, who is connected to the mob, to attend his daughter's wedding, the Chicago Sun-Times reported. The only catch is that he's not allowed to speak with the father of the groom, alleged mob boss Frank "Toots" Caruso Sr.

Toots, reputed leader of Chicago's 26th Street mob, also is the father of the bride's alleged employer.

Anyone who watches crime dramas or mobster films knows that prison is hardly a deterrent to communication from outside associates. Casey Szaflarski is not in prison but under house arrest and probably has access to a well-seasoned Chicago criminal attorney with a catchy nickname. 

The services of a Chicago criminal attorney, or any attorney for that matter, rarely are cheap. But even though securing the assistance of a skilled lawyer may seem like a privilege only for the rich, everyone has the right to legal counsel and options for the less-advantaged among us do exist.

Those facing criminal charges always have the option of accepting a public defender, while personal injury lawyers often don't charge unless (and until) you receive payment for damages or a settlement. Low-income individuals also can apply for legal aid from government-funded lawyers.

Many attorneys also provide what is called "pro bono" services.

Behind every successful musician is a skilled producer, and local hip-hop star Lupe Fiasco is no exception. But an Associated Press article republished by the Chicago Tribune indicated it will be a long time before Mr. Fiasco's producer and mentor, Charles Patton, returns to the studio. 

Mr. Patton was convicted on drug charges more than two years ago and sentenced to 44 years in prison.

Very few details of the arrest have been made available, but an entry on the ProHipHop blog said he was busted with 6 kilograms of heroin and had used the sale of narcotics to fund his musical projects (the news link in the blog entry has since expired). Patton, who had a loaded gun in his possession at the time of his arrest, appealed his conviction because the jurors were not asked whether they had any "bias" against firearms.

A federal judge recently said there will be no delay in disgraced former Illinois Gov. Rod Blagojevich's trial on multiple conspiracy-related charges, the Chicago Sun-Times reported. The trial is scheduled to commence on June 3.

Mr. Blagojevich and his team of Illinois criminal defense attorneys were hoping a delay would alter the prosecution's charges because of a pending Supreme Court case that could diminish his charges. That case concerns a provision used by federal prosecutors to pin corruption charges on elected officials and other public figures, as discussed earlier in this blog.

A ruling in the Supreme Court case is expected later this summer; after Mr. Blagojevich's trial is scheduled to begin.

Controversy still surrounds the use of Taser stun guns by police officers. While the American Civil Liberties Union and some other human rights groups call for more oversight regarding the use of the arguably non-lethal weapons, according to the Chicago Tribune, police officers and their representative organizations argue that they are safe and effective.

Nevertheless, the Chicago Police Department has decided to significantly increase the deployment of Tasers by equipping each and every squad car with one. Police officials cited by the Tribune said they need a more effective option than batons and guns for subduing "uncooperative" suspects.

According to the rules of engagement for Tasers, police may use the weapon if they are under attack or if a suspect is fleeing or otherwise resisting arrest. A total of 166 people were tasered in Chicago in 2008, which jumped to 228 in 2009.

The case of convicted South Side robber Pedro Cabrera illustrates the importance of choosing one's words wisely when speaking with a judge, as reported by the Chicago Sun-Times. Mr. Cabrera's case also drives home the importance of listening to your Illinois criminal attorney when he advises you how to act in court.

One simple but serious statement cost Mr. Cabrera 21 additional years in prison. Had he kept his mouth shut he would have been released a few days ago, according to the article.

Mr. Cabrera pleaded guilty in 2004 to robbing a husband and wife at knifepoint. Cook County Judge Leo Holt told four-time felon Mr. Cabrera the following, with regard to his relatively light sentence:

"You can't imagine how lucky you are. It boggles my mind." 

But that's nothing compared to what happened next.