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Chicago – Judge Finds Prosecutor Hid Evidence in Police Murder

The possibility of real justice in Chicago…

Judge finds city lawyer hid evidence in Chicago police shooting, orders new trial

Chicago police officer Gildardo Sierra, left, and Darius Pinex.

A top city attorney intentionally concealed crucial evidence in a civil trial over a fatalChicago police shooting and then lied about his reasons for doing so, a federal judge ruled Monday in a scathing opinion.

In overturning the jury’s verdict and ordering a new trial, U.S. District Judge Edmond Chang imposed sanctions against the city and Senior Corporation Counsel Jordan Marsh, ordering that they pay attorney’s fees to the plaintiffs that likely will amount to hundreds of thousands of dollars even before a retrial could take place.

“Attorneys who might be tempted to bury late-surfacing information need to know that, if discovered, any verdict they win will be forfeit and their clients will pay the price,” Chang wrote in his 72-page opinion. “They need to know it is not worth it.”

Chang faulted lax training and oversight at the city’s Law Department for hampering the production of records from the Chicago Police Department and other city agencies when officers are accused of misconduct.

Steve Greenberg, an attorney who represents the family of the man who was killed, said the ruling raises questions about the Law Department’s role in perpetuating a code-of-silence police culture in which officers believe they can act with impunity. If the city’s attorneys appear willing to cover up wrongdoing, the officers will feel empowered to behave in any manner they deem fit, he said.

“There’s just a total disregard for the truth, and it runs to the highest levels,” Greenberg said. “There is a culture to cover up and win at all costs.”

A Law Department spokesman had no immediate comment Monday. Thomas Leinenweber, an attorney who represents Marsh, did not immediately respond to an email or phone call seeking comment.

The embarrassing setback for the city comes amid continuing fallout over the unrelated police shooting of 17-year-oldLaquan McDonald in October 2014. The scandal that erupted in November after video was released showing Officer Jason Van Dyke shooting McDonald 16 times prompted the U.S. Justice Department to launch a wide-ranging civil rights investigation into the use of force by Chicago police.

Chang’s ruling reverses a decision last April in which a federal jury found in favor of Officers Raoul Mosqueda and Gildardo Sierra, concluding they were justified in killing Darius Pinex during a January 2011 traffic stop on Chicago’s South Side. Both officers testified at the trial that they had pulled Pinex’s Oldsmobile over because it matched a description they had heard over their police radios of a car wanted in an earlier shooting.

In a front-page story in September, the Tribune detailed how the officers’ account of what precipitated their encounter with Pinex had begun to unravel in the midst of the trial.

According to court records, Sierra and Mosqueda did not hear the dispatch as they originally claimed because it aired over a different radio zone. It wasn’t until the middle of the trial that Marsh admitted — outside the presence of the jury — that he had failed to turn over a recording of the dispatch that actually went out over the officers’ Zone 6 radios that night, a call that talked about a different Oldsmobile Aurora that didn’t match Pinex’s car and was not wanted in connection with a shooting.

Marsh first said he had learned about the recording that day, then later said he had actually found out about it the week before trial. When the judge pressed Marsh on why he hadn’t disclosed the existence of the recording as soon as he learned of it from a police sergeant, the lawyer backpedaled more, saying it hadn’t crossed his mind that it would be something that might be helpful to the plaintiffs.

“My thought process was, I want to see what is on that (recording),” he said. “You know in retrospect I think I should have, but I wanted to talk to the sergeant and to see whether it was even relevant.”

In his ruling, Chang said Marsh, a seasoned attorney who for years has defended police accused of wrongdoing, “intentionally concealed” the existence of the emergency dispatch and then misled the court about his thought process for withholding it.

“After hiding the information, despite there being numerous times when the circumstances dictated he say something about it, Marsh said nothing, and even made misleading statements to the court when the issue arose,” Chang wrote. “… That an experienced lawyer like Marsh did not even consider the possibility that this evidence might not go his way is unlikely to the extreme.”

The judge also found that Marsh’s co-counsel, city attorney Thomas Aumann, had failed to make a reasonable effort to find the dispatch recording during the initial discovery process. In sanctioning the city for Aumann’s actions, Chang said the Law Department’s practices put its attorneys “at risk” for violating discovery rules because of a lack of training on how to request and collect documents and evidence.

Chang said the city’s attorneys showed a lack of understanding about what evidence is preserved by police and how to ask for it — including detectives’ reports, emergency recordings, computer logs and inventories from arrests.

The judge said that with tight budgets and overworked staff, he understands city lawyers “have a tough job” in responding to discovery requests involving a Police Department that preserves such a massive quantity of records. But that’s all the more reason to instill procedures to minimize mistakes, he said.

“Failing to do so will cost even more in the long run, not just in dollars,” the judge wrote.

 

 
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Posted by on January 4, 2016 in BlackLivesMatter

 

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Zimmerman Wife Charged With Perjury

Things are not looking good for George…

Now his wife has joined him at being charged with a crime.

George Zimmerman’s wife charged with perjury

Authorities say the wife of Trayvon Martin’s shooter is being accused of lying to a judge about their finances during his bond hearing and faces one count of perjury.

An order issued Tuesday by assistant state attorney John Guy charged Shellie Zimmerman for knowingly making false statements during the April hearing. George Zimmerman has pleaded not guilty to second-degree murder in the shooting. He was granted $150,000 bond at that hearing and released.

The judge revoked that bond earlier this month after state attorneys argued that both Zimmerman and his wife had lied to the judge about their finances, especially about money raised from a website.

George Zimmerman is back in jail.

 
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Posted by on June 12, 2012 in Domestic terrorism

 

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Zimmerman Bail Revoked for Lying

Well – at least one lie has caught up with George Zimmerman.  And I am sure someone is going to take a close look at how the $200,000 plus he has collected from Internet donors gets (or got) spent…

Which may wind up being another can of worms.

The fact that Zimmerman lied about the money issue is indicative that he may have lied about a bunch of other stuff – such as that Trayvon attacked him.

“Goes to character, Your Honor!”

George Zimmerman back to jail for ‘falsehoods.’ Will they influence trial?

After seeing public opinion gradually swing his way over the events of Feb. 26 in Sanford, Fla.,George Zimmerman’s already tentative credibility took a hit as Circuit Court Judge Kenneth Lester ordered him back to jail for lying at his bond hearing in late April.

Accused of murdering unarmed teenager Trayvon Martin, Mr. Zimmerman had posted a $150,000 bond in April after declaring, through his lawyer, that he was out of work and basically indigent. His parents, too, said they had little money.

But a few days later, Mark O’Mara, Zimmerman’s attorney, told Judge Lester that Zimmerman’s financial situation wasn’t as dire, as he had raised nearly $200,000 through his “The Real George Zimmerman” website.

While Mr. O’Mara pointed to the discrepancy as an innocent mistake, prosecutor Bernie De La Rionda pounced on the misdirection on Friday, saying it – together with Zimmerman’s failure to tell the court about a second passport in his possession – was evidence that he deserves to await trial in a jail cell.

“I don’t know what other words to use [about how much money Zimmerman had] besides that it was a blatant lie,” Mr. De La Rionda said.

O’Mara on Friday argued there was “no deceit” involved since the pair did not use the money for anything.

In revoking the bond, Judge Lester said Zimmerman, who is currently in hiding, shouldn’t be able to benefit from “material falsehoods.” The judge also immediately placed Zimmerman under a “no bond” status, meaning he’ll likely spend the rest of his time awaiting trial in a Seminole County jail cell.  The judge gave Zimmerman 48 hours to report to jail…

Those lying  eyes…Indeed.

 
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Posted by on June 1, 2012 in Domestic terrorism

 

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“Lying Ass B….” Fallon and Michelle Bachmann

Quite a scandal this wek when Michelle Bachmann appeared on Jimmy Fallon…

The stage band played “Lying Assed Bitch” as she walked onto the stage.

Whoops…

 
 

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Alan West – And the Failure of Lawn Jockey, Release 4.0

Here we have Tea Bagger Lawn Jockey extraordinaire, Alan West claiming the Chinese own the Panama Canal…

Small problem with that… Panama owns the Panama Canal, and has since the US turned it over to them (to the cries and whines of the conservafool set) since 1999.

AS to his claimed visit to SOUTHCOM – he’s also lying. Nobody there would have told him the major threat to America was Hezbollah in Honduras sipping Mojitos on the beach.

This guy is a liar, a clown, and a disgrace to both the Uniform, and America.

Alan West - Tea Party Black Jock Strap of the Month Award

 

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Political Suicide… And Other Stories

I believe it was Ben Franklin who said – “Anyone who wants the job of President, should on no account have the job”.

Political suicide and whackery in America has reached epidemic proportions, with seemingly every other state or federal Congressman and elected official rushing to lop his own head off or out whackjob the whackjobs…

Cases in point from today’s news –

Family Values GOP Rep To Resign Over Affair

Rep. Mark Souder (R-IN), a champion of abstinence education and traditional family values, will resign effective Friday after an affair with a female staffer in his district office, he announced today.

He said in a statement that he “sinned against God, my wife and my family by having a mutual relationship with a part-time member of my staff.” And he blamed the atmosphere in Washington for forcing him to make the move:

“In the poisonous environment of Washington, D.C., any personal failing is seized upon, often twisted, for political gain. I am resigning rather than to put my family through that painful, drawn-out process.”

Candidate’s Words on Vietnam Service Differ From History

At a ceremony honoring veterans and senior citizens who sent presents to soldiers overseas, Attorney General Richard Blumenthal of Connecticut rose and spoke of an earlier time in his life.

“We have learned something important since the days that I served in Vietnam,” Mr. Blumenthal said to the group gathered in Norwalk in March 2008. “And you exemplify it. Whatever we think about the war, whatever we call it — Afghanistan or Iraq — we owe our military men and women unconditional support.”

There was one problem: Mr. Blumenthal, a Democrat now running for the United States Senate, never served in Vietnam. He obtained at least five military deferments from 1965 to 1970 and took repeated steps that enabled him to avoid going to war, according to records.

The deferments allowed Mr. Blumenthal to complete his studies at Harvard; pursue a graduate fellowship in England; serve as a special assistant to The Washington Post’s publisher, Katharine Graham; and ultimately take a job in the Nixon White House.

Train Wreck in the making… Read the rest of this entry »

 
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Posted by on May 18, 2010 in You Know It's Bad When...

 

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