Class X -the most serious class of felony- charge dismissed against Peoria client

Finally, on June 3, 2025, all criminal charges, including the Class X charge of Aggravated Discharge of a Firearm was dismissed against my client, Diondre K.

Diondre, a Peoria native, was arrested and charged with the Aggravated Discharge of a Firearm and a UUW (Unlawful possession of a gun) in March 2023.

After a lot of twists and turns, Diondre demanded trial and the day before the jury trail was set to begin, the states attorney offered to dismiss the more serious charge if Diondre would plead guilty to the felony of possession of a gun.

Diondre said no and the states attorney was forced to dismiss all charges. The Judge ordered his release.

Lessons learned: be prepared for trial and be firm. Don’t take the offer if you think it’s not fair.

Victory for a Falsely Arrested man

As Antonio was returning to work after his lunch break, he may have speeded a bit and he may have not stopped at a stop sign. But, did that give the police the right to not only arrest and take him into custody but to also search the car he was driving? Antonio had parked his car, gotten out and was heading to work when an officer stopped and questioned him. Not content with giving Antonio tickets for speeding and failure to stop at a stop sign, the officer claimed he smelled marijuana in the car. Sound familiar? The little twist, the officer claimed he couldn’t tell if it was fresh or burned. In the glove compartment, the officer found a gun. Antonio, who was talking to his girlfriend during the encounter, told the police it was his girlfriend’s car and he knew nothing about the gun. The girlfriend confirmed to the police that the gun was hers and that she had a license for the gun and a license to keep it in the car. She admitted she forgot it was in the car, and affirmed that Antonio knew nothing about it. Nonetheless, the police arrested Antonio. On the eve of trial, a new prosecutor finally reviewed the evidence and dismissed the case.

Antonio sued and after months of discovery and depositions, we settled the case and at least Antonio got some compensation for the false arrest and time he was in custody.

Settlement on Behalf of Transgender Prisoner Raped by a Male Inmate

A victory was finally achieved on behalf of a transgender inmate! Attorney Elizabeth Mazur and I represented a transgender woman who was not only placed in a male prison but, due to the prison’s staff’s deliberate indifference, placed in a cell with a sexual predator.

The inevitable happened, causing incredible emotional pain for out client. She contacted Liz Mazur and I and we said: yes! We will take your case and try to get justice for you. After years of litigation and on the eve of trial, we settled for a substantial amount of money. Our client has been moved to a women’s prison, where her life has improved remarkably, even though she is still in prison. She doesn’t have to fear being raped or sexually assaulted.

Victory for Transgender Inmate Raped in Prison

Hughes Socol Pier Resnick & Dym along with co-counsel Melinda Power from West Town Law Office, is proud to represent Hannah Finnegan, a 35-year-old transgender woman from Central Illinois. Hannah’s harrowing experience sheds light on the critical issue of safety and protection for transgender individuals within the prison system.

In 2018, Hannah found herself in a men’s prison under the Illinois Department of Corrections (IDOC). Despite being officially designated as “vulnerable” by IDOC officials, indicating the need for single-cell housing for her safety, she was placed in a cell with a male prisoner convicted of predatory criminal sexual assault. Tragically, as predicted, Hannah was raped.

Rather than taking responsibility for this clear violation of Hannah’s rights, attorneys for IDOC officials sought to have the case dismissed. However, last week, a federal judge in East St. Louis denied their efforts, allowing Hannah’s claims against the prison staff to proceed to trial.

Hannah’s case underscores the urgent need for IDOC to take seriously it’s obligation to protect vulnerable populations, especially transgender women like Hannah Finnegan. Hughes Socol Piers Resnick & Dym remains committed to seeking justice for Hannah and others who have suffered similar injustices.

As we continue to fight for Hannah’s rights in court, we call attention to the systemic issues that contribute to such incidents and advocate for meaningful change to prevent future tragedies.

To read the Court’s opinion click HERE.

A Juror Asked: Can the police officer who testified against Ivan C. be charged?

In 7/2020, Ivan was at his home above his business in Aurora. His girlfriend thought she heard a noice so, Ivan went downstairs with his dog to check. Meanwhile, an Aurora police officer, suspended three times for his bad behavior, got a call of a man with a gun almost at the same address.

Just as Ivan came downstairs, the cop pulled up. Although the descriptions of the man with the gun (5’6”, 120 lbs.) and Ivan (5’9’, 175 lbs) were very different, the cop went to the store that Ivan had entered and started bamming on the window for Ivan to come out and talk to him. As Ivan approached the officer and told him they could speak through the window and asked him what he wanted, the officer pulled a gun and pointed it at Ivan. Of course Ivan was very scared! When Ivan didn’t immediately exit the store, the officer, with the still pointed gun, threatened to knock the door in.

As Ivan exited the store, two officers grabbed him and they all fell to the ground. But only Ivan was scratched and bruised. On top of it all, the officer arrested Ivan and charged him with resisting arrest. Arrest for what? Ivan hadn’t done anything.

At the conclusion of the officers’ testimony and after Ivan gave a heartfelt recounting of what happened to the jury, the court granted Ivan’s motion for a directed verdict and dismissed the case on 1/16/24.

The Judge spoke to the jury. A sign of the credibility of the cop was clearly shown when one juror asked if the officer could be charged.

Third Stage Post Conviction Victory: Emerging Adulthood Issue

After hearing from an expert, and 5 family members who talked about Melvin’s rough growing up, abuse, immersion in a gang as his surrogate family and the lack of mitigation produced at his sentencing in 2003, Judge Gamboney granted Melvin’s 3rd state post conviction petition for relief.

At a later date, the Judge reduced Melvin’s sentence by 20 years, making him eligible for immediate parole. A victory, but not a total victory until Melvin is out and reunited with his family.

Motion to Suppress statement made by a mentally challenged arrestee granted in the Central District of Illinois

David W. is a young man who has an IQ of 49. He hasn’t finished high school, he reads at a 4th grade level. He doesn’t drive. He’s never gone grocery shopping. He’s never taken public transportation. He doesn’t go to movies. He lives at home with his family who takes care of him.

Last September, the police came to his home and hauled him out of his house and put him in a police car. One officer rapidly told him his Miranda Rights. David, who doesn’t want to reveal he doesn’t understand what people say and thinks that by being agreeable he won’t cause problems, agreed to talk to the police. His recorded statement clearly indicates he didn’t understand what was going on.

After an in court hearing, the court agreed that David could not have knowingly and voluntarily waived his Miranda Rights since he was not able to understand what the police said to him.

Settled: Prisoner beat up by a guard while other guards stood by and watched A

In 2019, a prisoner who hadn’t received his medication was freaking out and asking for crisis help. Instead of getting him the help he so clearly needed, guards handcuffed him and dragged him first to the shower then down a long hall. As the prisoner asserted his rights, the lieutenant got mad at him and shoved his face into a wall, severely injuring his eye and causing additional bruising.

After deposing the various defendant officers, who all had differing stories, and several long settlement conferences, Plaintiff settled his case with the Illinois Department of Corrections. No guard admitted he’d done anything wrong. No guard suffered any consequences for what he did. But, my client at least got compensation for his damages and can use the money now that he is out of prison to help him arrange a new life.

Man arrested, mistreated and charged with aggravated battery on police: Case Dismissed

Once again, Chicago police officers falsely stopped, seized, detained, mistreated and arrested a Black man in Chicago, E. Robinson. The police had followed his wife. When she pulled into their residence parking space, Mr. Robinson came out to see what was going on. When he questioned the police, the officers attacked, beat and arrested Mr. Robinson. The police did not show up for their court hearing and the case was dismissed January 26, 2023.

Home at Last: J. Mitchell free after 23 years in prison

J. Mitchell was convicted of murder in 2000. After years of documenting the torture he received from notorious Chicago police officers, the Torture Inquiry Relief Commission (TIRC) finally agreed with Mr. Mitchell. TIRC found that his confession was a product of torture.

Attorney Melinda Power then came in to represent Mr. Mitchell to get him out of prison. After years of preparation and litigation, the state finally agreed to give Mr. Mitchell credit for time served.

To the joy of his family, he was finally released and home with his family on January 23, 2023.

Puerto Rican man arrested and charged with a DUI for sitting in his car: Case dismissed!

Hector was sitting in his parked car, looking at his phone, with the motor running when two police officers saw him and stopped their car and approached him. Racily profiling this young Puerto Rican, they demanded that he get out of the car. They then searched him and claimed he was drunk and arrested him. After fighting this case for nearly two years, the prosecution admitted they couldn’t proceed with the case and in January 2023 the case was dismissed.

Floyd Protest Case: Settled for Wrongfully arrested protestor

Floyd anti-racist protestor Rose was arrested while voicing her opposition to the police murder of George Floyd and the actions of racist and brutal police in Chicago. After being held for almost 14 hours, she was released without being charged, further proof of the baseless nature of her arrest. She filed a lawsuit, and was represented by attorneys Melinda Power and Amanda Yarusso. Discovery confirmed that she was falsely arrested and the City agreed to settle her case for a reasonable amount of money.

Not Guilty Declares the Judge at the end of the Trial for a DUI June 24, 2022

A Chicago police officer arrested Dennis L. in 2/19 for a DUI despite the fact the officer never saw Dennis driving or in a car! Yes, the officer determined that since Dennis was near a parked car in an alley and had a moderate odor of alcohol, he had been driving while impaired. Luckily, the officer’s Body Worn Camera (BWC) showed Dennis without blood shot eyes and no slurred speech (as the officer had testified Dennis had). It showed a compliant Dennis doing the field sobriety tests with very little problems. Even the officer asked another officer if he could arrest Dennis since he hadn’t seen him driving. After over a three year wait, the Judge quickly found Dennis not guilty after hearing the officer testify and watching the BWC.

Floyd Protestor Attacked by Chicago police Successfully Sues the police 4/22

On August 15, 2020, M. Martin joined thousands of Chicagoans and people across the U.S. in protesting the murder of George Floyd and the ongoing use of police violence and murder against Black, Latino and Native people in this country.

While peacefully protesting in downtown Chicago, Chicago police attacked her, knocked her to the ground and beat her. In the process, they took her bike and many of her personal belongings. Friends took her to the hospital where she received emergency case. Upon her release, she was unable to move without great pain for over a week and suffered ongoing pain and bruising, both physical and mental, for months.

Amanda Yarusso and Melinda Power filed a civil action on her behalf, due to the police use of excessive force. The City agreed to settle the case shortly after it was filed.

First Amendment Victory for Protestor: False Arrest Case Dismissed

In July 2021, south suburban Dolton police murdered 19 year old Alexis Wilson, a Black woman. Refusing to admit their actions, Dolton police remain unrepentant .

In response, protests were held to denounce yet another police murder. On September 1, 2021, Shabbir M., joined a protest demanding justice for Alexis Wilson.

Dolton police refused to let them march in downtown Dolton. Instead, the protestors were forced to march in residential areas. As Shabbir did this and used the bullhorn to call out the police, Dolton police arrested him. The body worn camera (BWC) the police were forced to turn over clearly shows that Shabbir was complying with police orders and did nothing illegal.

After months of attempting to get the BWC, and setting a trial date, the Village of Dolton decided to dismiss the case on the eve of trial.

Victory in Two Cases Opposing Line 3 pipeline on Native Land in N. Minnesota

As happened at Standing Rock, North Dakota, energy companies do not respect Native land and rights. In Hubbard County, northern Minnesota, Energy Transfer Partners, began building a unneeded pipeline across reservation land. Many people protested and were arrested.

On 6/7/21, a large protest voiced its solidarity with the Native people whose land was being desecrated and opposition to construction of a pipeline whose purpose was to make money for the energy company. Hundreds were arrested, including Kristie H. and Carly A. B. They refused to plead guilty for what they did. Instead, they challenged the legal basis for their arrest. After a series of depositions in Kristies'‘ case of the officers who allegedly arrested her inside the pumping station, one police officer admitted that she was arrested outside the station. Her case was dismissed.

Carly challenged the prosecution asserting that they couldn’t prove that she had trespassed on the land. Despite initially losing her motion, she persevered. On the eve of a hearing on her motion to reconsider the Judge’s previous decision, the prosecution also dismissed her charge.

A Changed Life and a Victory in Court 12-21

In 2018, Jesus E. was arrested for possession of a gun. He got first time probation, which would enable the case to be expunged if he successfully completed probation. However, while on probation, he was arrested for another gun case in 2019. He and I reviewed the evidence, and were convinced the state could not prove him guilty of the new charge. Meanwhile, two things happened. Jesus decided he needed to change his life. He got a job and steadily worked his way up to become a manager at a restaurant. Meanwhile, coronavirus happened, postponing a trial on the case. In October, 2021, when we finally had a hearing, Jesus had been steadily working and not had a single incident or arrest in over two years. The state chose to proceed on the violation of probation, which required a lower standard of proof. The Judge found that Jesus had violated probation and took him into custody. However, his family and his manager rallied, wrote letters and came to court. His manager testified that he was a honest, dependable and loyal employee. His family was there to show they loved and cared for him. The Judge gave him credit for time served, said he could still expunge his record and found him not guilty of the new charge of possession of a gun. Jesus was so happy, so was I and so were all his family members. Jesus walked out of jail that day and returned to his family, his girlfriend and his job.

Floyd protestor case dismissed...Finally 11/17/21

On November 17, 2021, unlawfully arrested Floyd protestor Darius P.’s criminal case was finally dismissed by the court. He was arrested on May 30, 2020 while protesting the murder of George Floyd. Since that date, his attorney, Melinda Power, had been first attempting to get discovery, and then, get the case to trial. The delay was due, in large part, to COVID. Finally, when Darius P. and his attorney and his witness went to court, the prosecution finally admitted they could not go ahead with the case and dismissed all charges.

Jury acquits our client in twenty minutes after a trial that should never have happened 10/25/21

Sara Garber and I were hired to represent a group of young social justice activists who were arrested in Peoria, Illinois for allegedly violating the residential picketing statute. The young picketers were concerned that the insurance company, R.L.I., with 950 employees, 30 locations, was unfairly refusing to insure undocumented immigrants released on electronic monitoring. Finding out that the C.E.O. of the company had issued an advisory for employees to work at home due to COVID, they decided to go to his home, understanding that he was now working from home.

Arriving on a work day during normal business hours, the 30 or so picketers stood on the sidewalk or in the street, facing away from the house, holding signs in support of immigrants and chanting peacefully. Nevertheless, the police were called. When they arrived, the police admitted at trial that the picketers were peaceful, polite, not loud and made no threats to the C.E.O. or even approach his home.

When some of the picketers refused to leave, they were given “tickets” and some were arrested. Confident they had done no wrong, four of those detained chose to go to trial. They chose a jury trial because they thought the citizens of Peoria County should hear about this blatant attempt to silence protest.

After a lengthy three hour jury selection process, a jury which seemed fair was chosen. The state put on two police officers to identify our clients. They were unable to adequately do that. The state then put on the CEO of the company who testified, often in contradiction to the police testimony. Perhaps his least credible testimony was when he said that despite having 950 employees, in 30 locations, and having a printer, scanner, computer at home, he never works at home.

At the conclusion of the state’s presentation, Sara Garber successfully argued why three of the four should have their cases dismissed and the Judge agreed. We then made closing arguments. We stressed three points:

1. The CEO’s home was also, during COVID, a place where he conducted business, making the residential picketing statute inapplicable.

2. The CEO’s testimony was not credible.

3. The only reason the fourth defendant was identified by the police officer was because she was the only woman on trial.

The jury was out 20 minutes before rapidly concluding that the state had not proven their case beyond a reasonable doubt and found the remaining defendant Not Guilty.

Two felony cases nolle prossed (dismissed) when Defendant maintains trial demand 9/22/21

Mr. E. R. was out of town for six weeks. While he was out of town, someone stole his car and sold it to an unsuspecting buyer. When E.R. returned, he found his car was gone. He scouted around, saw someone driving it, made a police report and went and got his car back.

Unfortunately for Mr. E.R., the new “owner” of the car thought E.R. had stolen the car, and made a police report against him. The police ignored E.R.’s earlier report and arrested him. He was allowed out of jail on house arrest. Unfortunately, this happened right as COVID swept the world, and, in Cook County, trials were halted. He hired me to try to get a trial for his case. As soon as I became his attorney, I started demanding trial, and finally after about six months of demanding trial, the state’s attorney finally acknowledged the police “mistake” and dismissed or nolle prossed the case.