RECENT CASES FOR THE LAW OFFICE OF LAWRENCE X. O'REILLY
People v. A.P.
A.P was a passenger in a vehicle with three other occupants. Chicago police attempted to stop the vehicle for a traffic violation and the driver of the vehicle led police on a high speed pursuit. Eventually the vehicle came to a stop and one of the occupants of the vehicle fled on foot carrying a bag containing 3 loaded firearms. The individual with the bag led police on a foot chase and eventually was caught after attempting to hide the bag and its contents. A.P. was one of the occupants of the vehicle and was alleged to have confessed to ownership of one of the 3 recovered firearms. A.P was charged with Aggravated Unlawful Use (Possession) of a Firearm and was facing a potential sentence of up to six years in the penitentiary. Following a bench trial, A.P. was found not guilty of all charges.
People v. J. S.
J.S. was a member of the U.S. military reserves when he was stopped by Chicago Police for a moving violation and investigation into a nearby domestic disturbance. J.S. was alleged to have a strong odor of alcohol on his breath, slurred speech, red bloodshot and glossy eyes. The police officers accused J.S. of being combative and threatening when he challenged the purpose of the stop. J.S. repeatedly told the officers he was not party to the domestic disturbance they were investigating. The police alleged that J.S. took a combative stance and placed the officers in apprehension of being battered causing the officers to perform an open-handed strike to J.S.’s face. Police arrested J.S. and charged him with DUI and Assault of a police officer. Police allege that J.S. failed all three Field Sobriety Tests that were administered. Following a jury trial, the jury returned verdicts of not guilty on all counts.
People v. I.H.
I.H. was driving her car on a rural road in southern Illinois when she was pulled over for driving 7 miles per hour below the posted speed limit and for failing to have her rear license plate illuminated. I.H. had her children in the rear seat of the vehicle and her boyfriend was the front-seat passenger. While speaking with I.H. police allege that they smelled a strong odor of “fresh” cannabis (marijuana) emanating from the vehicle. Officers then searched the vehicle and recovered a significant amount of cannabis located in a Pampers diaper box located within the trunk of the vehicle. The entire incident was recorded by the officer’s dashboard mounted camera. During the court proceeding the defense requested the video footage as part of the Discovery process. Police notified the prosecution that they could not locate the video. The defense filed a Motion to Dismiss the Charges alleging a Due Process Violation and Discovery Violation. The Court granted the Motion to Dismiss when the prosecution conceded the violation.
People v. P.W.
P.W. was a parolee from the Illinois Department of Corrections. P.W. was visited by parole agents and Chicago Police officers who were conducting a “premises check” of his residence. While searching the home officers located a lock-box in the basement of the residence. The lock-box was found to be locked and P.W. denied being in possession of a key to open the lock-box. The police forced the lock-box open and found it to contain a firearm and firearm ammunition. P.W. was arrested and charged with Aggravated Unlawful Use (Possession) of a Firearm as a previously convicted felon. P.W. was facing a potential sentence of up to 7 years in the penitentiary. Following a bench trial, P.W. was found not guilty of all charges.
People v. M.P.
M.P. and some friends went out to a nightclub. M.P. left the club and returned to his residence. A short time later M.P.’s friends arrived at his home to continue partying and brought with them some additional guests, including the alleged victim, who were unknown to M.P. When the victim became loud and unruly M.P. asked him to leave his home. Victim then started a verbal argument with M.P. and threatened M.P. and at one point even threw a bottle of wine. During a struggle with victim, M.P. picked up a broken piece of the wine bottle and stabbed at victim. Police were called to the scene of a disturbance and found victim with an injury to the eye. Victim was transported to the hospital by ambulance. M.P. left his home prior to the police arriving. The victim lost the permanent use of one of his eyes. M.P. was charged with Attempt First Degree Murder and Aggravated Battery causing permanent disfigurement and great bodily harm. Following a bench trial in which M.P. asserted self-defense, he was found not guilty of all charges.
People v. C.K.
Chicago Police executed a search warrant at C.K.’s home. C.K. was not named in the search warrant but was present in the living room when the search warrant was executed. Police recovered from the living room 2 rifles, 2 firearms, 1 shotgun, 500 grams of cannabis (marijuana), narcotics packaging and one digital scale. The defendant and one co-defendant were arrested and charged with Aggravated Unlawful Use (Possession) of Weapon and Possession of a Controlled Substance with Intent to Distribute. The co-defendant told police that the weapons and cannabis belonged only to co-defendant. Following a bench trial, C.K. was found not guilty of all counts.
People v. E.M.
Chicago Police conducted a traffic stop of E.M. at approximately 10:50 p.m. when they observed his Hummer vehicle travel the wrong way on a one-way street. When the officer approached E.M. at the driver’s side window he requested E.M. to produce a driver’s license. At this time the officer alleges he observed a “golf ball” sized bag in E.M.’s left jacket pocket. The officer made a verbal command to see E.M.’s hands and saw E.M. attempt to chew an item. The officer recovered a small plastic bag containing 5 small clear plastic bags each containing a substance which appeared to be cocaine. The items were sent to the crime lab and determined to be 2.4 grams of cocaine. At the preliminary hearing, the officer testified about the nature of the stop. Upon cross-examination, the officer admitted that the vehicle E.M. drove was a Hummer and was high off the ground. The officer reluctantly admitted that he stood just over 5 feet tall. The defense argued that it was not likely that the officer could have made the observations that he alleged. The Court made a finding of no probable cause to arrest and the charge of Unlawful Possession of a Controlled Substance was dismissed