Cook County Public Defenders Blog

Archive for October, 2009

Car Search Unconstitutional Although Defendant Arrested Five Feet Away

Friday, October 30th, 2009
Following a traffic stop, Lavar Bridgewater was less than cooperative with the police. He walked away from the car into a store, then out of the store refusing to give the officers his license and proof of insurance because “he had done nothing wrong.”  Bridgewater refused to remove his hands from his pockets or put them on the store window. He was then arrested five feet from his car for obstructing a peace officer. He was cuffed and placed in the officer’s vehicle. Bridgewater’s car was then searched revealing a weapon. Our Supreme Court affirmed the trial court’s order suppressing the gun, following the U.S. Supreme Court‘s recent decision in Arizona v Gant, 173 L. Ed. 485 (2009). Read People v Bridgewater, No. 105075 10/29/09.

Celebrating Bernie Sarley’s Rise to the Bench

Tuesday, October 27th, 2009

Six Grade 2s Posted for 26th St

Tuesday, October 27th, 2009

On 10/26/09, the office posted for six grade 2 positions at 26th street.  The posting closes on 11/13/09.

21 POSITIONS FOR GRADE 3 POSTED

Friday, October 23rd, 2009

The office has posted 21 opportunities for transfer and promotion at various work sites in the office.  The posting went up on 10/23/09 and closes on 11/09/09.  Please locate the posting at your work site for more information on  how and where to apply and the job requirements.  There is no gaurantee that each of the 21 positions will be filled.

Here is the breakdown of postings:

LRD -3

JJD- 3

FSD- 2

26th – 6

MWD- 2

MKM – 2

MDD – 3

Good luck to all applicants.

17 Bags of Cocaine Don’t Show an Intent to Deliver

Tuesday, October 20th, 2009

Jovan Sherrod was stopped in a stolen car and arrested.  At the police station, a custodial search of his person revealed $35 and a plastic bag containing 17 baggies of cocaine weighing 1.8 grams.  A jury convicted defendant of Possession of Controlled Substance with Intent to Deliver.  Our Appellate Court, by Justice Murphy, reversed the intent to deliver element finding insufficient proof of intent to deliver, even in the light most favorable to the State.    Read People v Jovan Sherrod, No. 1-07-0989, 10/7/09.

(B.M. MDD)

Team Degorski gets Life and Trustee Santiago named 40 under 40

Tuesday, October 20th, 2009

The good news just keeps coming.  First it was Bernie Sarley.  Then it was Michele Hendrickson Douglass and Mark Douglass. And now, team Degorski and Beatriz Santiago.

Team Degorski Gets Life

The guilt phase ended in a quick verdict of guilty but the team kept their heads held up high and continued with their exemplary professionalism and competence.  In just a few hours, the same jury that convicted James Degorski and found him eligible for the death penalty, today deliberated and sentenced him to life without parole.  The only other option was the death penalty.  His co-defendant, Juan Luna, was also spared the death sentence in his trial a few years ago.

Hats off to team Degorski, which consisted of Assistant Public Defenders Mark Levitt (HTF) ( a candidate for judge in Lake County), Mike Mayfield (HTF), Susan Smith (HTF), Preston Jones (HTF), Brendan Max (FSD and Union V.P.), Kate Moriarty (26th), Jeff Howard (MGMT) and paralegal Michelle Dillard.  Nice work.

40 under 40

And as if having the vice president of the union on the winning Degorski team wasn’t enough, how about the fact that our union trustee, Beatriz Santiago, was named to Law Bulletin Publishing’s “40 under 40″ for 2009?  Congratulations Ms. Santiago!  Your story is no doubt an inspiration to so many young people in our community.

Independent Basis for Commitment to DCFS Under the amended Section 2-27 of JCA

Sunday, October 18th, 2009

In re S.D., No 1-09-0100

Prior to June 1, 2008, section 2-27(l)(d) of the JCA stated that “A minor charged with a criminal offense under the Criminal Code of 1961 or adjudicated delinquent shall not be placed in the custody or committed to the Department of Children and Family Services by any court.”  The language of the statute was amended on June 1, 2008 and added, “…except a minor for whom an independent basis of abuse, neglect or dependency exists.  An independent basis exists when allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency.”

S.D. had recently been returned home after many years in a foster/private guardian home. Living with his mother had not worked out and his mother no longer wanted him in her home.  DCFS appealed the trial court’s decision to place S.D. back into the custody of DCFS after the minor had turned 17 and had been convicted of a criminal offense.  DCFS claimed that no independent basis existed upon which to appoint DCFS as guardian.

Trial court based its decision on the “plain reading of the statute,” and that the amended portion of the statute gave the court wide discretion to do what is in the best interests of S.D.  Judgement affirmed.

(A.F. ,CIV)

Mark Your Calendars

Tuesday, October 13th, 2009

Sisters and Brothers,

I have a few things to mention in this update that will require you to make good use of your calendars.

Holiday Party

First, we have a date for our annual Holiday Party.  The party will take place, once again, at Moretti’s on Jackson.  The date is Friday, December 11, 2009. Needless to say, more details are forthcoming.  The committee this year will be co-chaired by Mellissa Myer (1st), Sara Spivy, Sara Fransene and Kyan Keenan (26th).

Open Enrollment

By now, you should have received a package from the County to acquaint you with the annual open enrollment period for benefits, which ends on October 31, 2009.  Please make any necessary changes before the deadline.  Remember, flexible spending accounts for health care and dependant care do not roll over and must be activated each year.

Jack Carey Scholarship Deadline is 11/1/09

November 1, 2009 is the deadline for the  Jack Carey Scholarship applications for the Winter/Spring of 2010.  The application (which has not been changed for years) is available on our website and can be submitted electronically.  The $2,500 scholarship is available to law clerks who clerk in our office, regardless of the job site. Make sure you have your clerks apply for the scholarship if they are planning on coming back in 2010 to clerk with us.   If you know other eligible law students who would like to clerk for the office next semester, please don’t hesitate to tell them about the scholarship also.

Negotiations

The next round of universal negotiations is on 10/19/09.  As you know, progress has been very slow and I will keep the membership apprised of any developments.

Courtesy

We have very stressful jobs with challenges from not only our adversaries,  but from the caselaw, the judges  and sometimes our clients also.  In these circumstances, it’s easy to get frustrated and angry at the people around us including our union brother and sister attorneys, investigators and support staff.  We should make every effort to be courteous and respectful to our co-workers.  Please make courtesy to the people you work with and around a priority.

Sincerley,

K. S. Galhotra

President

CONSOLE OF CAR IS A “CASE” FOR AGGRAVATED UUW DEFENSE

Sunday, October 11th, 2009

In a unanimous decision by JUSTICE BURKE our Supreme Court has ruled that for purpose of the UUW statute [24-1.6(c)(iii)] there is no requirement that a “case” must be specific to a firearm or be portable. (The trial judge’s had denied a defense jury instruction based on the language of the statute and denied the defense the right to argue in closing that the console of a car where the gun was found should be considered a case, while allowing the State to argue to the contrary. Then, during deliberations, when the jury asked if the console could be considered a case, the trial court told them it was not a case!) Read the case, People v Diggins, No. 106367, 10/8/2009.

MARK DOUGLASS and MICHELE HENDRICKSON win CVLS’s Distinguished Service Award for 2009

Wednesday, October 7th, 2009

Please join me in congratulating our brother, Mark Douglass (26th) and sister Michele Hendrickson Douglass (26th)on being named Chicago Volunteer Legal Service’s Distinguished Service Award co-recipients for 2009.  They will be receiving the award on November 12th at the offices of Sidley and Austin.  Once a month, every third Saturday, the husband and wife team have been volunteering at the Amicus Poloniae Volunteer Free legal clinic sponsored by the Advocates Society.  Initially, Michele had informed us of the award won by Mark, but showing her characteristic humility, didn’t mention that she was a co-awardee of the honor. Congratulations to you both, we are very proud of you.