Judge Rules: Chicago police had no reason to arrest my client: case thrown out of court 7/2021

Chicago police claim they saw a car being driven by an unknown person which lacked a front license plate. To investigate this very serious crime three Chicago police officers from a special unit began following the car for several blocks. They next saw it parked and my client, S. Briggs, legally walking on a Chicago sidewalk. Nonetheless, they stopped him and asked him for his drivers license and car insurance. When he didn’t produce either yet spontaneously said to the police, “I have perc in my pocket”. The police arrested him and determined they would have to tow the car. In court questioning revealed that the officers had not seen my client in the car, yet concluded he had been driving the car. The police further concluded they needed to tow the car. No one had complained about the car, it wasn’t obstructing anything and it was legally parked. Yet, under the pretext of towing the car, the police carried out an inventory search and claim they found the clip of a gun and a gun….in plain sight!. The Judge acknowledged there was no reason to tow the car, and thus no reason to arrest my client. His case was thrown out, but not before he spent a few weeks in jail and was on house arrest for months.

FINALLY! 77 year old James Dumas released on parole after 45 years in prison

In the 1970s, Illinois sentenced prisoners convicted of serious crimes, in Mr. Dumas’ case murder, “indeterminate sentences”. This meant that there was no determined date at which a prisoner had to be released. As a result, 100s of prisoners had been languishing in prison with no hope of release. Thanks to the work of Attorneys Aviva Futorian, Sara Garber and Susan Ritacca, a concerted campaign to bring these prisoners home has succeeded in reducing the number of “C” number prisoners to 82. Mr. Dumas was one of these.

Attorney Melinda Power took on Mr. Dumas parole case pro bono (no charge) and with the help of Attorney Susan Ritacca, prepared his case for parole. We compiled letters in support of his release, including from a former correctional officer, and his family, one of whom offered to house Mr. Dumas for as long as he wants. In addition, a petition gathered over 500 signatures supporting his release.

During his long years of incarceration, Mr. Dumas became a master tailor and an avid reader, focusing on the Russian classics.

His parole hearing was held 8/27. The parole board member who had interviewed him twice, recommended parole. His cousin, her husband and the former correctional officer all spoke in support of his release. The vote for release? 11-2. A resounding vote of support for James Dumas. James is now beginning a new life with his family,

Wrongfully held convicted Felon released to his family 5/20

The family of a convicted felon contacted Attorney Melinda Power. The prisoner was scheduled to be released in 7/18. But, due to the nature of his conviction, and faulty information from the parole board, the parole board would not release him. The family hired Attorney Melinda Power, who contacted attorneys Adele Nicholas and Mark Weinberg, who recently won a lawsuit on behalf of prisoners who weren’t being released and, with their assistance, was able to arrange for the prisoner’s immediate release.

He is now home with his family, where he belongs, rather than in prison, in the midst of the coronavirus crisis.

Case settled for Cook County Department of Corrections pre-trial detainee 1/20

In 2016, pre-trial detainee F. Calvillo intervened to break up a gang fight. He was hurt in the process. The jail then transferred him to another Division in the jail. Days later, the jail transferred one of the very prisoners Mr. Calvillo had tried to stop from fighting into his Division. Shortly after arriving, the recently arrived prisoner attacked and severely hurt Mr. Calvillo.

Attorneys Melinda Power and Philip DeVon filed a lawsuit on his behalf suing Cook County guards for failure to protect Mr. Calvillo. We were able to successfully settle the lawsuit shortly after the completion of written discovery.

Victory after Eight Years of Litigation

In June 2012, during the Puerto Rican festivities held in Humboldt Park, a gang incident started in front of the oldest Puerto Rican business on Division Street. The business owner called the cops. The cops came, but instead of going after the gang members, they targeted the business man who owned the barber shop, O. Rodriguez. When another barber, Mr. Gomez, came out of the barber shop, he, too, was attacked by the police. Finally, the police went after then 54 year old cancer survivor Edwin Mercado. The police falsely arrested all three, using excessive force in the process.

The three were charged with misdemeanors and went to court, where their charges were rapidly dismissed.

Melinda Power and co-counsel Sandeep Basran filed a lawsuit against the involved officers which they litigated for 8 years due to the co-arrestees pending felony cases. Finally, on the eve of trial, a very satisfactory settlement was reached by the attorneys. Luckily right in the midst of the coronavirus crisis, our clients were able to receive a substantial amount of money.

Pre-trial detainee case settles 12/18/19

A pre-trial detainee held in Will County Detention Center filed his lawsuit pro se based on the bad health conditions he faced while being held in the detention center. I came into the Plaintiff’s case just before settlement. Today, a pleasant and amiable settlement conference resolved all issues in the case to Plaintiff’s satisfaction. Below is the court order.

Melinda Power
Northern District of Illinois - CM/ECF LIVE, Ver 6.3.1
The following transaction was entered on 12/18/2019 at 3:20 PM CST and filed on 12/18/2019
Case Name:Unger v. Santerelli et alCase Number:1:18-cv-05185

Docket Text:
MINUTE entry before the Honorable Jeffrey Cole:Settlement conference held on 12/18/2019. The case is settled. I would be remiss if I failed to note not only the very high quality of the work done by counsel in the case but their extremely cooperative and collegial and mutually respectful behavior. The plaintiff was represented by Melinda Power of West Town Community Law Office in Chicago. The defendants were represented by Martin McManaman of Lowis & Gellen LLP in Chicago and Adam Lipetz, Assistant States Attorney in Joliet. They displayed an extraordinary measure of excellence and courtesy that is unfortunately all too rare in today's fractious and overly competitive atmosphere. They brought conspicuous skills to this case, and their conduct is proof that lawyers can act civilly and courteously in their dealings with each other without sacrificing in the slightest the obligations they owe to their clients. They were at all times flexible and receptive to the views of the opposing party. Without the skill and patience that everyone brought to the conference, it would not have had the successful outcome that it did.

Prisoner beat up by Guards Settles Case and is Vindicated 10/2019

While a pre-trial detainee being held in Kankakee County Jail, guards used excessive force against Edgar. What makes this even worse, is that Edgar is diabetic and had other health issues. When the guards refused to give him the food he needed, he objected and protested. Instead of simply giving him his food, the guards ordered him to his cell, and when he questioned their actions, beat him and caused the fistula he relied on for his medicine to be damaged. The guards tased Edgar and put him in a restraint chair. Once handcuffed to the chair, they tased him again. Edgar needed surgeries for the ruined fistula.

After exchange of records, and relevant evidentiary material, depositions, and many conferences, the parties settled the case in Urbana for a high figure. Attorney Melinda Power and Attorney Brian Orozco worked together on the case.

Motion to Quash the Arrest Granted: Case Dismissed 8/27/19

Chicago police officers arrested our client, J. Rivera, while he was sitting outside a methadone clinic, drinking methadone that he had just been prescribed minutes before. They charged him with serious felonies that would have resulted in many years in prison.

The police claimed they had been following him for almost two and a half months, since the time an informant had allegedly told them that Mr. Rivera was part of a “large Chicagoland narcotics organization”. The police admitted that they did not see Mr. Rivera engage in any illegal activity during those two and a half months. Nor did they take any photographs, video or prepare any reports to document any of the “suspicious behavior” they claim they saw Mr. Rivera engage in during their supposed investigation. It wasn't until four days after police arrested Mr. Rivera that they prepared a report claiming to have seen Mr. Rivera engaged in “suspicious activity” while they were following him. The "suspicious behavior" he apparently engaged in was sitting in his car, looking around and looking at his cell phone! If that is suspicious behavior justifying an arrest, the police could arrest any of us!

The day the police arrested Mr. Rivera, one officer claimed he could see Mr. Rivera as he looked in the window of Mr. R’s car. However, due to the diligent work and technological skill of co-counsel Philip DeVon, not only was the seized and impounded automobile Mr. R. had been sitting in tracked to an auto pound, but we obtained an order allowing us to inspect and photograph the vehicle. The car had “tinted windows”, making it physically impossible to see what the police officer claimed to have seen.

After the Court heard the evidence (or lack thereof), the Court granted Mr. Rivera’s Motion to Quash the Arrest and suppressed any evidence seized by the police. On August 27, 2019, the prosecution dismissed the case and Mr. Rivera walked out of court a happy - and free - man

Case Dismissed! Prosecutor Admits: Our Client was the Wrong Man 7/2019

For 2 1/2 years, Attorneys Sam Heppell and Elizabeth Mazur had worked assiduously to prove that the Peoria Police Department had wrongfully arrested their client, DJ. The Peoria police accused DJ of participating in an armed robbery of a cab driver. Liz and Sam knew (as did DJ) that he couldn’t have been the armed robber, and he had text messages to prove he was somewhere else at the time of the robbery. About a year and some months after DJ’s arrest, Attorney Melinda Power was added to the team. We filed, argued and lost a series of pre-trial motions, but we were determined to persevere until victory. We hired an expert to establish the disparity between DJ’s location at the time of the robbery and the robbery itself and an expert to testify about false identifications. And, we possibly made new law in Illinois when Judge Gilfillan granted our motion to permit our expert to testify by video (saving our clients thousands of dollars).

We walked into court on July 15, 2019, ready and looking forward to trial. Meanwhile, the prosecution reviewed the evidence and admitted that, indeed, the men who had committed the armed robbery did not include our client. All charges were dropped against our very happy client. The dedicated, hard working and happy team walked out of court and, along with DJ, were finally vindicated.

November 23, 2018 Judge Haskell dismisses Felony and misdemeanor charges against Water Protector

The Court set the trial of Brian Okeefe for November 27, 2018. In an attempt to continue the trial, the state’s attorney’s office filed a motion to continue the trial on November 16, 2018, claiming that an “essential witness” (unnamed) had an “unresolved conflict” (unspecified. Attorney Power immediately replied that the trial had been set since July 2018, that she and her client had non-refundable tickets, and that the motion lacked specificity. On November 21, the state’s attorney moved to dismiss the case and on Friday, North Dakota Judge Haskell granted the request. Another water protector wins his case.

November 6, 2018 N. Dakota Supreme Court reverses Water Protector's Felony Convicion

    • Press Release: Water Protector Wins Appeal at N. Dakota Supreme Court

Posted on November 7, 2018

Mere Presence at Railroad Tracks Is Not Tampering With a Public Service: State Felony Conviction Reversed

Mandan, North Dakota: Yesterday, the North Dakota Supreme Court ruled in favor of Water Protector Rebecca Jessee, reversing her lower court conviction arising out of a November 15, 2016 prayer walk in commemoration of missing and murdered Indigenous women.

Jessee and 26 others were arrested close to a railway track near Mandan. They had attempted to access a DAPL construction site to pray and participate in a ceremony aimed at calling attention to the adverse social and health impacts of the oil industry and “man camps” – temporary housing for oilfield workers that become havens for gendered violence and human trafficking of Indigenous women and girls. Law enforcement blocked the group at the railroad tracks, ordered them to disperse and proceeded to arrest them.

WPLC volunteer attorney Melinda Power, who argued the appeal before the five Supreme Court justices on September 7, 2018 in Bismarck, ND, called the decision “a good victory for Rebecca Jessee, everyone arrested on November 15th, and for Water Protectors generally.”

The court ruled that Jessee’s mere presence at the railroad tracks did not constitute “tampering”. The opinion,written by Justice Daniel Crothers, states that “…no evidence supports the finding Jessee was tampering with Burlington Northern Santa Fe Railway property based on her passive presence on railroad property. Jessee did not alter the railroad tracks in a harmful manner.”

Power noted that the court also acknowledged the goal of the people who had gathered for the prayer walk that day was to go to the pipeline construction yard, and, by making that finding, implicitly found that the railroad tracks were not the intended destination of the walk.

“That had been a contested fact,” she said. “This ruling undercuts the lower court’s conclusion that people were trying to interfere with the railroad tracks. The Supreme Court acknowledged that the group’s goal was to get to the construction yard, but they were stopped at the railroad tracks by police.”

Pleased with the positive outcome, Jessee praised her defense counsel for “speaking softly and carrying a big stick.” Jessee says she stands with Water Protectors adding that the “the elephant has not left the room.” In fact, her partner will appear today in Bismarck for his own appeal hearing.

Power expects this ruling to be useful to other WPLC attorneys defending Water Protectors arrested on the same day. She pointed out that at the trial level, no documentation had been introduced that the train stoppage ordered by law enforcement caused any monetary loss or any delay in service.

“There was no documentary evidence or testimony presented to the court, that any costs to the railroad were directly attributable to Ms. Jessee or any other defendant,” she explained.

Power praised the Court’s opinion, “They did their research and found good North Dakota law that defines what tampering is. As I argued, tampering requires that there be a harmful change or alteration. I give the Supreme Court a lot of credit for their commitment to researching North Dakota law and applying the correct legal standard.”

Links:

North Dakota Supreme Court Opinion, dated November 6, 2018: 20180047_op_state_v_jesse

Press Release, dated January 5, 2018:  Second Felony Conviction From Man Camp Action

#MMIW       #NoMoreStolenSisters

Posted in Press Releases, Updates

June 22, 2018 Not Guilty! Judge finds 3 water protectors not guilty at conclusion of trial

Court Update: Three Water Protectors Found Not Guilty – Eight More Have Charges Dismissed

Posted on 

 https://waterprotectorlegal.org/court-update-three-water-protectors-found-not-guilty-eight-more-have-charges-dismissed/

Photo (from left): Anthony Provenzano, Moira Meltzer-Cohen, Cindy Lou Eyerly-Santo, Melinda Power, and Bradley Duquette after their wins at trial in Mandan, ND.

Eight Water Protectors have had all charges dismissed because their cases were substantially the same as three who went to trial and were acquitted last week. All 11 were accused of obstructing law enforcement’s efforts to clear the Oceti Sakowin camp on February 23, 2017, pursuant to Governor Burgum’s executive order declaring the camp hazardous to people and the environment.

On Friday, June 22, Anthony Provenzano, Cindy Lou Eyerly-Santo, and Bradley Duquette were found not guilty of Physical Obstruction of a Government Function after bench trials before Judge Daniel Narum in Morton County Court.

The government argued at trial that the presence of each of these Water Protectors at Oceti was an intentional act; that it was a violation of the governor’s order, whether or not they knew about that order; and that their presence slowed law enforcement’s efforts to clear the camp. Testimony from officers as well as the three Water Protectors, however, suggested that they had not been given notice of the executive order, nor been given any warning or opportunity to leave the camp. In finding the Water Protectors not guilty, Judge Narum pointed out that the state had failed to present facts that would show how any of the three had intentionally obstructed a government function.

Bradley and Cindy Lou were represented by volunteer attorney Melinda Power, and Anthony was represented by Water Protector Legal Collective Staff Attorney Moira Meltzer-Cohen.

Today, the prosecutor filed a Motion to Dismiss charges against eight additional Water Protectors from the same arrest date who were scheduled for trial together this week, because their case is “substantially the same.” There are over a dozen similar cases from the camp clearing that remain scheduled to proceed to trial in the coming weeks.

Photo (from left): Anthony Provenzano, Moira Meltzer-Cohen, Cindy Lou Eyerly-Santo, Melinda Power, and Bradley Duquette after their wins at trial in Mandan, ND.

Eight Water Protectors have had all charges dismissed because their cases were substantially the same as three who went to trial and were acquitted last week. All 11 were accused of obstructing law enforcement’s efforts to clear the Oceti Sakowin camp on February 23, 2017, pursuant to Governor Burgum’s executive order declaring the camp hazardous to people and the environment.

 

People v. Daniels: Not Guilty of Class X possession with Intent to Deliver Ecstasy 4/19/18

A package arrived addressed to my client from Germany.  This was a package the evidence did not establish was ordered by, or paid for by the client or, that he even knew about before it arrived.  The package had been intercepted in NYC by customs, who discovered ecstasy in the package.  They sent the package to Maywood, and an invisible tracking device and powder detectable on the hands on anyone who opened the package, was placed inside.  

Upon delivery by an undercover postal inspector, my client went searching for his regular mail carrier to see what this was.  He couldn't find him and returned home and then wrote return to sender on the package and put a slash through his name.  En route to the garage to get his car to go to the post office, he got curious, opened the package, realized he didn't know what it was, and didn't want it and threw it away.  Shortly thereafter, Cook County police arrived, and arrested him.  No evidence of drug sales (baggies, scales, police scanner, unaccounted for money, guns or other contraband) was found in the residence. 

IT Expert witness P. DeVon testified that someone had gotten into or made an account with the client's name and address and had used it to order gift cards from China to be sent to various addresses in the U.S.  His compelling direct examination by co-counsel Rachel White Domain revealed that someone had used his name and address unbeknownst to the client. 

The sheriff's officer admitted that he had no evidence that client knew what was in the package, knew wha the package was when it arrived, had paid for or ordered it.  The Judge found client not guilty and stated that there was not proof beyond a reasonable doubt that the client was guilty.  Client's mother, who had attended every court hearing, cried with relief and hugs were exchanged between the client's attorneys, client and his mother.  

People v. Smith: Judge finds Mr. Smith not guilty of possession of cannabis with intent to deliver

March 6, 2018 victory in court

Chicago police officers arrested Anthony Smith in 2016 as he was driving on Kimball Street.  They originally claimed he was part of a plan to sell cannabis to an undercover police officer.  However, no drugs were recovered on him or in his car.  Finally, a hearing to quash his arrest and suppress the search was heard on March 7, 2018.  At the motion, the three officers who were called to testify by the defense admitted they did not see him engage in any illegal activities.  The witness for the state testified that he saw the back of the head of someone sitting in a car and could tell by the way that person leaned forward and towards the alleged seller of the cannabis that he was involved in an illegal drug transaction!  Although the Judge denied the Motion to Quash, she told all parties that we could adopt the testimony from the motion and immediately proceed to trial.  This we did and she quickly found Mr. Smith not guilty.  Mr. Smith was happy he could go and pick up his twins from school and not worry about having to come back to court again.  

People v. Torry: Judge reverses finding of guilty and declares: Not Guilty of Violation of a Concealed and Carry

In April 2017, as Mr. Torry drove to his friend's house, he pulled into the parking space behind the friend's house.  Two Chicago police officers who had been following him, jumped out of their car, stopped, seized and searched him and his car with no legal justification.  

One of the officers recovered a gun, in a holster and concealed in the console of the car.  Mr. Torry told the officers he had a permit to have a gun and that he had done nothing illegal, which is correct.  Nonetheless, the officers arrested him.  After the officers and Mr. Torry testified at trial, the Judge found him guilty.  However, the guilty finding was a mistake.  His attorney, Melinda Power, filed a Motion to Reconsider and, finally, on February 26, 2018, the Judge agreed and reversed himself and found Mr. Torry not guilty.  

Water protector's case finally dismissed after court hearing on 1/22/18

Water Protector Stefan Silk, a young Lakota Sioux from Standing Rock, was arrested on 10/27/16 while protesting the construction of the now open Dakota Access pipeline.  Mr. Silk maintained that he wasn't guilty of the charges of Engaging in a Riot and Public Nuisance.  He and I agreed that we would fight this case as much as we could.  Finally, after two hearings on two motions to dismiss, two depositions of the two alleged arresting officers (one of whom admitted he was never at the scene and just filled in paperwork), 10 motions in Limine to keep out irrelevant evidence, the Court found that the state couldn't establish probable cause for Public Nuisance and he expressed reservations about their ability to prove the other charge.  The state, realizing the difficulty of their case, dismissed the remaining charge.  Stefan Silk's steadfastness proved to be the winning strategy.  He now has no more pending cases.  Mandan, North Dakota, 1/22/18

Not Guilty of Telephone Harassment declares the Judge at the end of the Trial 1/18/18

In July 2017, my client was fired from his training to be a police officer.  When he called his supervisor (four-five times) to get his gun back, instead of helping out Mr. Morales, the supervisor (a Sargent) had Mr. Morales arrested.  First, the Sgt. got an order of protection against Mr. Morales, which we vacated.  Then, he pursued the criminal case.  When the Sgt. testified, he said that Mr. Morales had waken him up at home, yet the site of the incident on the complaint was the police academy.  He further testified that my client's calls made him upset, yet he didn't file the complaint until one month later. 

The Judge found that these facts did not establish the elements of telephone harassment and found Mr. Morales not guilty.  

1/17/18 Judge admonishes arresting officer to "be more reasonable" and finds Mr. Norman not guilty.

In August, 2017, Elijha Norman was sitting in his car with his girlfriend visiting his uncles in a park in Dolton.  First on Dolton police officer, then another ordered him out of his car without reasonable suspicion that he was armed or had contraband.  When Mr. Norman asked why, instead of answering, the officers continued to order him out of the car and arrested him for "obstructing a police officer."

At trial, the police officer admitted he didn't see Mr. Norman do anything suspicious, make any furtive gestures, try to get away, or have bulging pockets.  Instead, the white officer seemed to believe that he could approach an young African American male and order him out of the car.  

Mr. Norman said no to that illegal behavior, the Court agreed and found him not guilty after a bench trial. 

November 17, 2017, Water Protector Silk's Motions Granted in Mandan, North Dakota

Water Protector Stefon Silk, a Lakota Sioux from Standing Rock reservation, North Dakota, was arrested October 27, 2016 while protesting the Dakota Access Pipeline's plans to destroy the water for his reservation.  His trial is set for January 23, 2018.  His attorney, Melinda Power, filed a series of motions regarding discovery issues, including a motion to compel the depositions of two arresting officers and another motion to get all the relevant evidence.  Mr. Silk's attorney also challenged if "probable cause" or a legal justification existed at arrest Mr. Silk. 

The Court ordered the prosecution to reply to the discovery requests, the Bill of Particulars and the deposition requests within two weeks.  The motions were successful and depositions are set for the end of December 2017.