McHenry County might have the most inefficient system for DUI cases anywhere ever.

It might be impossible to come up with a less efficient way to handle DUI than they do in Woodstock.  Seriously.  I can’t think of one… and I’ve seen cases go through the system in a lot of counties aside from McHenry County.

Imagine, if you will, that you got a DUI.  Of course, it’s going to be the last DUI you get because every time somebody gets a DUI it’s always their last.  There are actually two parts to your case… the criminal DUI charges and the suspension of your license (why they are separate is another story, but that’s beyond the control of the courts).

You’re “actually innocent” so you want to challenge the license suspension and get a date set for a trial as soon as possible… because you want this thing out of your life.  So, you file the paperwork to challenge the license suspension before your first court date.  What would happen in an efficient system?

In places like Cook County or DuPage County you show up on that date and they will, most likely, have a hearing on the license suspension right there. You may even get to have a trial depending on what kind of trial you’d like.  In places like Kane County, they are going to take your DUI file, set the case over on a Friday- because that’s when they do all the license cases- and you will likely have a court date set even quicker than the one the police gave you for the DUI.

In McHenry County, though?  The first thing that will happen in McHenry County is that they will make a special file just for your license suspension.  Then the clerk will set that file on a special court date where your DUI criminal case won’t even be up in court.  Your DUI court date will likely be the following week (or the one after that).

Why do they make an extra file in McHenry County, and then give you an extra date when your DUI isn’t even scheduled?  Because, in the likely event that you will demand a jury trial on your DUI case before your license suspension is decided, they will assign the criminal file to a different judge on a different floor on a different day of the week… meaning it’s not uncommon for somebody to have to go to court in Woodstock on two different days in two different courtrooms in the same week, for the same DUI arrest.

You know why they do that?  

I don’t. I have no clue. It makes no sense.

Remember that the next time you hear somebody whining about how defendant’s drag stuff along and clog up the system. Maybe the system is clogging itself. It sure is in McHenry County

Mental Illness v. Public Safety.

I don’t know how I initially missed this story, but it’s very sad.  Apparently a suicidal man in Batavia township managed to find himself on top of a house with a rifle.  Obviously the police were called.  It sounds like there may have even been a shot fired before they arrived:

No charges in officer-related shooting death at Batavia house

By Erika Wurst ewurst@stmedianetwork.com March 4, 2014 1:20PMA Batavia man died at his house at 3S303 Elfstrom Trail in September after being shot by a Kane County Sheriff’s Department sergeant. | Erika Wurst~Sun-Times Media
Updated: March 5, 2014 7:51PM
The Illinois State Police and the Kane County State’s Attorney’s Office have concluded their investigation into the officer-related shooting death of a Batavia man last July.
The investigation concluded that the 20-year veteran Kane County deputy was justified in using deadly force when he shot 52-year-old Luke Bulzak to death at his home on July 8, 2013, Kane County State’s Attorney Joe McMahon said Tuesday.
Sheriff’s deputies responded to 3S303 Elfstrom Trail in unincorporated Batavia Township at 11:40 a.m. that day after receiving a call about a suicidal male. Deputies were told that the man may have fired a gun.
When they arrived, deputies found Bulzak on the roof of his home with a rifle.
Sheriff’s deputies said they attempted to get Bulzak to drop his weapon, but he refused. Deputies said the man pointed the rifle toward them, and a sheriff’s sergeant shot at him…

The intersection of mental illness and “policing” is what you could call an area of extreme interest for me.  Sadly, too often people afflicted with any sort of condition affecting their normal well-being, aren’t handled in the best way by the police.  Especially when they end up on roof tops.

I’m not implying that the Kane County Sheriff’s officer who was called to this situation did anything improper.  Not that I know a whole lot about about the facts of this case, but when police are called to a man on a roof with a rifle (who may have already fired one shot) there’s going to be a tense situation that can really only end a couple of ways.  That is, of course, assuming the paper’s version of facts is true (and came from an objective source… which isn’t always the case).

What I am wondering, though, is how this might have turned out differently if your average on-the-streets patrol officer got as much training for dealing with the mentally ill as he does in firearms training, DUI detection, or any of the other matters that public has little problem funding with their tax dollars.  I’m betting that as soon as the call came in for this man, the S.W.A.T. team was getting ready to roll, and all sorts of police “resources” were being put into play. I’m betting that there was even a crisis counselor or negotiator headed towards the scene, too.  I’m not sure why they need to be called in, though.

Why not put all of these initial responders- the men and women out there in the patrol cars who are, so often, the very first people to arrive through more complete training?  Shouldn’t they all know the best way to deal with a man with Down’s Syndrome who won’t leave a movie theater, or a senile old man who doesn’t know what planet he’s on? Better yet, why not try to attract people who already have the right background into the profession?  Call it a hunch, but I’m guessing the average social worker or psychologist might be ok at dealing with people on a daily basis.

That won’t happen, though.  For whatever reason, the thinking is that police need to be modern-day warriors.  They need to be trained in the para-military arts… because it’s “them against us”.  Every one of them needs to be trained for the “worst case scenario” even if they’re in Batavia, or Elburn or Mayberry and there are already plenty of cops trained for the worst case scenario around.

I feel bad for the cop who got called to this scene and killed this man– it had to be scary as hell. I also feel bad for the man on the roof. Perhaps, someday, the general public will see the value in changing the way many of the police are trained, and we won’t have to pretend that public safety and mental illness are at odds.

That Cary Shaken Baby Case, And How Prison Time is Calculated.

Alvin Santiago had been facing charges of shaking a baby in his care while in Cary, Illinois. Today, Judge Prather sentenced him to 9 years in prison.  The Northwest Herald has a great article on today’s sentencing hearing:

Judge orders 9 years for Cary man in shaken baby case

Published: Thursday, Feb. 20, 2014 5:24 p.m. CST

 
By CHELSEA McDOUGALL – cmcdougall@shawmedia.com

WOODSTOCK – Outside the courtroom, James Greve said he wished his daughter’s former caregiver had been given the same sentence the baby had.

Alvin D. Santiago, 30, on Thursday was sentenced to nine years in prison for shaking Tegan Greve so violently that she required brain surgery. The child was 2 months old at the time.

With day-for-day credit, Santiago will serve about four and a half years behind bars.

But for baby Tegan, it will be at least five more years of doctors visits, medical tests and medication. Even then, James Greve said, whether or not she’ll fully recover remains unknown.

“He got a lesser sentence than my daughter,” he said after an emotional sentencing hearing that included statements from he and wife, Rachel Greve, and tearful testimony from Santiago and his family members.

***

The article goes on to talk in more detail about the crime as well as the hearing in court.  The part that catches my attention is the focus on the actual amount of time Santiago will spend in prison.  It’s speculated to be around four and a half years.

I say “speculated” because nobody actually knows how long it will be at this point.  It will likely be no less than 4.5 years and will absolutely be no more than 9 years.  Essentially, actual prison time in Illinois gets computed as follows:

  • Most cases are subject to some sort of reduction in time for “good behavior.”  Some are not (like, for example, murder, where there is no good time allowance).  The majority of felonies are “50% cases”, meaning that you may receive a reduction in your sentence up to 50% of the total time.
  • Without getting too technical, it’s also possible to “earn” extra time off.  Some of that extra time is “earned” without any effort- typically 6 months worth.  You might also get an extra break for doing something like earning a G.E.D.

So, typically, its safe to say that on a “garden variety” felony, a person who takes a 5 year sentence will have a minimum sentence of 2 years (5 years multiplied by 50%, and then minus 6 months), and a person sentenced to 9 years will have a minimum sentence of 4.5 months.

Now you’re wondering why somebody could be out in 4.5 years for shaking a baby when they’re sentenced to 9 years?  How is that justice, right?  Especially when the reality is that the overwhelming majority of defendants serve the minimum.

Have you ever been inside a jail or prison?  No?  Have you ever seen an episode of “Locked up”?

If you have, you know that taking an entire population of “criminals” and keeping them from causing trouble isn’t easy.  Some guy is throwing poop and clogging the toilet in the prison.  What are you going to do, put him in segregation?

Fine. Now he’s painting the walls in segregation with poop, and 35 guys in the general population are protesting the first guy’s getting put “in the hole” by urinating on the floor.  Plus, 6 guys got in a fist fight after somebody changed the TV channel in the middle of a great episode of Miami Vice.

What are you going to do now? Put them all in segregation?  Sounds great, but you don’t have the space. The taxpayers want to be tough on crime, but don’t want to pay to be tough on crime- so you don’t have the facilities.

That’s where good time comes in.  The facility has the option to yank some good time and effectively lengthen the sentence.  There’s no judge, no jury and no defense attorney to get in the way (although there typically are some internal jail procedures).  Go ahead… throw that poop. It’s going to cause you 8 more months of prison living.  Is it worth it?

This is exactly what happened to Stevie Fielding.  He got a sentence of 10 years and his jailhouse antics caused him to serve every last day.

Stevie Trailer from Steve James on Vimeo.

If reduced prison sentences are a way to give prisons the opportunity to keep peace and enforce prison policy, then why are most people only serving the minimum?  Why aren’t more people losing good time?

Because the incentive system in prison generally works well.  Being able to lengthen somebody’s prison sentence will typically keep them in line.  The public might not like it, but it gets the job done.

There’s another reason why, too.  Try following the money.

Like I already said, you want to lock people up, but you don’t want to pay for adequate facilities.  There is a lot of pressure on the system to get folks “out” in order to make way for the others coming in.  Plus, there are other enforcement tools- prisoners can lose all sorts of privileges.

So, why would a prison lengthen somebody’s sentence and make its financial situation even more dire when it may be able to achieve the same result by taking away a man’s Fritos and locking him in a room without a TV?  It wouldn’t.

Judge Prather gave Alvin Santiago 9 years in prison today. He might serve 4.5. He might serve 9.  It depends on whether or not he behaves himself, and whether or not you’re willing to put more money into a system you don’t want to put money into.

The Unfair Fight.

I’m not willing to let this press release/social media campaign issue die yet.  Like I wrote about a while back, an inordinate amount of your local crime news is cut-and-pasted directly from press releases issued by police and prosecutor’s office.  Don’t believe me?  See for yourself.  I’m not the only one who’s written about this.

Tonight, while I’m minding my own business and getting gnawed on by the dog, I took a look at the Kane County Chronicle to see if there was anything interesting I didn’t catch while at the courthouse.  It doesn’t appear that there was.  On the other hand, I did find this interesting article which got my little brain churning:

Aurora man convicted in North Aurora home invasion
Published: Thursday, Feb. 6, 2014 5:30 a.m. CST
 By KANE COUNTY CHRONICLE – editorial@kcchronicle.com
ST. CHARLES TOWNSHIP – An Aurora man will be sentenced this spring for his role in a North Aurora home invasion that left a couple terrorized and a dog dead, according to a news release from the Kane County State’s Attorney’s Office…
Then it goes on, of course, to essentially re-hash the Kane County State’s Attorney’s press release.  The highlight is the following quote from the Kane County State’s Attorney himself:
“Mr. Mullen took advantage of his friends for his own personal gain by threatening and inflicting violence them,” McMahon said.
Before you get on my case for clearly omitting either the word “upon” or “on” before “them”, let me assure you that I left nothing out.  Read the article yourself, that’s exactly what it says:
newspaper
Of course, it only says that because that’s also exactly what the press release says:
mediarelesae

We’re not here to talk about lazy reporting and sloppy editing today though– certainly I’ve missed my fair share of mistakes in posts here.  So, I won’t judge.  On the other hand, we are here to talk about the substance of these reports.

Therein lies the unfair fight.  Every time I read through my twitter account and see police department and State’s Attorney’s offices patting themselves on the back and bragging about their heroic victories, I’m caused to wonder (and sometimes tweet) if they’ll ever let the public know the other side of the story- about the cases they’ve charged, prosecuted and lost.

Of course they won’t.  You assume I will, though.

Not a chance.

Being a criminal defense attorney is a lot like playing in the defensive backfield in the NFL- you  may have been burned for a touchdown or you may have intercepted a pass on the last play. It doesn’t matter, though.  You need to get the last play out of your mind because the next play is coming up… and you might just get burned for a touchdown (or intercept a pass).

Sadly, most of the cases in criminal court get resolved through deals.  Nothing can mess up an attorney’s ability to work a good deal for their client than too much ego- on either side of the case.  If I won a trial today and issued a press release naming names and pointing fingers, it might be fine today.  Tomorrow, though?  Tomorrow I’m right back at it (probably with the same prosecutor) but for a different client.  What I don’t want is this client to get a bad (or no) offer because I embarrassed the prosecutor on the last case.

That’s not to say that defense attorneys don’t beat their own drums on occasion.  It is to say, however, that there’s a practical reason it’s a lot less prevalent than what we’re seeing with police and prosecutors right now.

That’s just another reason you’ve got to be skeptical whenever you’re reading local crime news.  Those news articles are often a battle for public sentiment and support.  It’s largely a one-sided battle. It’s an unfair fight.

Late to the party.

The process of going from being a “regular” person to being “accused” is an interesting one.  If you’re charged with a felony, it usually means you were charged with a criminal complaint and later either a judge (at a preliminary hearing) or grand jury (by an indictment) found there was probable cause to charge you.  People are typically charged with crimes as soon as the police and state’s attorney’s office think they have enough evidence against you- usually the same day or shortly thereafter.

Sometimes, though, the charges come months or even years later. That’s what just happened in Woodstock with the deaths of Gloria and Nick Romano:

Son charged with 2006 slaying of parents

Published: Thursday, Jan. 16, 2014 12:58 p.m. CST • Updated: Thursday, Jan. 16, 2014 11:12 p.m. CST
By CHELSEA McDOUGALL – cmcdougall@shawmedia.com
More than seven years after they were found shot to death in their McHenry County home, the son of Gloria and Nick Romano has been charged with killing them.
Michael W. Romano, 54, was arrested Tuesday in Las Vegas, charged with first-degree murder in his parents’ 2006 double homicide.

So, you ask, why did it take so long?  You know they’re not going to sit on a murder charge for no reason.  They’re going to charge this sort of thing as soon as they can.  Especially because he was a suspect the entire time:

Police long have suspected Michael Romano. Formerly of Algonquin, he left the area shortly after his parents’ death and was working as a cab driver in Las Vegas, sheriff’s police said.
As the 2006 investigation progressed, Michael Romano stopped cooperating with detectives and would only speak with them through an attorney, according to Northwest Herald reports from the time.
It’s unclear what new evidence, if any, connects Michael Romano to the killings. McHenry County State’s Attorney Criminal Division Chief Michael Combs would not comment on the investigation.

That last paragraph hits the nail on the head.  “It’s unclear what new evidence, if any…”  These media people have to say this sort of thing because they’re not supposed to speculate.  I’ll speculate, though.

In my experience there’s almost always new evidence with these late charges.  Typically, charges coming after a long delay occur because either an informant came forward, or there’s new lab/scientific evidence purportedly linking the accused to the crime.  Lab/scientific evidence can be delayed because new techniques or tests were developed to analyze existing evidence in a different way (like is happening with all of the exonerations in the pre-DNA cases).

Informants, though?  Why do they wait?  Why would that sort of information take so long to come out?

It’s not usually because some upstanding citizen has a change of heart six years later– your average “upstanding citizen” is going give the police any and all information he can on an unsolved crime as soon as he can.

It’s what you and the police may call an “informant”, many of us refer to as a jailhouse snitch.  Those guys don’t want to talk to anybody about anything. Then they get themselves in trouble and need a quick way out.  They start to talk.  It’s just like when I wrote about the Lance Armstrong doping fiasco.  People who don’t want to talk will often talk when given the right “incentive”. It can take time for that incentive to form (meaning, it takes time for them to get arrested on their own serious charges first).

Sometimes they give the authorities truthful information in an effort to help themselves. Other times they don’t have truthful information, but they tell whatever story they think might be helpful.

I don’t know anything about the Romano case other than what I’ve read in the paper.  I’d hazard a guess that there’s new information- probably from an informant.  We’ll know soon enough.