Defender Update newsletter for Friday, December 30, 2022

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Cook County Public Defender logo Jan 2022

Defender Update - December 30, 2022

Happy New Year graphic

Best wishes for 2023!

I wish everyone a Happy New Year and thank you for your incredible contribution to our clients, office and community. You don't need me to tell you how our already difficult work continues to grow in complexity.

Despite the relentless challenges thrown our way, we've continued to see great success in the courtroom. Thank you for your significant contributions toward providing the finest legal representation that money… can't buy.

We will continue to build an office that recognizes the value of all our team members in every role, stays committed to radical transparency and clear and constant communication, is open to change when circumstances permit it and is responsive to the feedback and the needs of our staff.

We continue to fight for budgets that allow us to address the historic inequities in the criminal legal system, changes in the law that put our clients and their families in a more just environment and structures that allow us to provide the best legal services to our clients.

But that progress can only happen with you. So thank you for continuing to build with us. We've got a long way to go, but for the progress we've already achieved, I appreciate you more than you know. 

Sincerely, Sharone R. Mitchell, Jr.

P.S. Don't forget, our office will be closed for the New Year holiday on Monday, Jan. 2.

Victories and achievements

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Not guilty on first-degree murder

Gina Piemonte, Chief of the Felony Trial Division, APD Loveleen Ahuja and Chief of Investigations Stephen Ramsey won a not guilty verdict in a first-degree murder case. 

The defense team located an eyewitness that the state and police didn't even bother to interview, who testified that the co-defendant in the case had acted in self-defense when he shot the alleged victim.

Our client was just standing outside the yard where the shooting happened. Loveleen requested a non-Illinois Pattern Jury Instruction (IPI) that mere presence is not enough for accountability. Judge Mary Margaret Brosnahan gave the instruction and the jury found our client not guilty on the first-degree murder charge.

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Another not guilty on first-degree murder

APDs Kyan Keenan and Rocio Armendariz, Attorney Supervisor Colleen Gorman and Chief of Investigations Stephen Ramsey won a not guilty verdict on another first-degree murder case, before Judge Laura Ayala-Gonzalez.

The deceased was shot in the back and still alive when the police arrived. He told police our client had shot him, and so did another witness who was 17 at the time. That witness called our office years later and came in with her father and told Stephen she had lied to the police. She was dead at the time of the trial, but the judge let in her original statement to the police as an excited utterance. Stephen testified as to the recant.

Colleen argued that the words of a man shot in the back, who probably didn't even see the shooter, plus the lies of a teenage girl, were not enough to convict someone. The jury agreed.

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State dismisses case after investigation into frozen steaks seller

APD Elyse Epstein and Investigator Alejandra Cahue got the state to nolle a case after investigating the complaining witness. The case was before Judge Cynthia Ramirez.

Our client was charged with aggravated battery, theft from a person over $500 (a bike and two steaks), and battery, for an incident that occurred on an El platform.

The complaining witness was selling frozen meat from his backpack, which Elyse thought could indicate a background. His birth date and contact information were incorrect in the police report and so it initially looked as though he had no record. But Alejandra found an extensive rap sheet for a person with the same name who looked like the person on the body-worn camera footage. When Elyse gave this information to the prosecution they dropped the charges.

In the community

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Volunteer and CLE opportunity: Driver's License Reinstatement Expo

On Saturday, Feb. 4 we will co-host the eighth Driver’s License Reinstatement Expo at Malcolm X College. These Expos have given hundreds of people with a suspended or revoked driver’s license an opportunity to appear in court or to receive free counseling from volunteer attorneys.

Registration is closed for this capacity event! Please consider volunteering your time and help our communities.

We need volunteers with current Secretary of State access (RACF IDs) to pull driver abstracts of registered participants prior to the Expo to make sure we can help as many eligible individuals as possible.

We also need volunteer attorneys with traffic experience to provide free counseling at the event. Our office will provide training on interpreting abstracts, on Jan. 11 and Jan. 18. Continuing Legal Education (CLE) credit is available for the training and for the volunteering time at the event.

To volunteer, to sign-up for training, or for more information, please contact First Municipal Division Chief Danita Ivory.

Practice notes

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Sheriff's electronic monitoring change to essential movement

The Cook County Sheriff's Office (CCSO) has changed its policy for how people on electronic monitoring will be placed on the default essential movement schedule. Effective Jan. 1, 2023, our clients will no longer be placed on essential movement schedules automatically unless the court order to electronic monitoring provides for movement. 

The default schedule of either Monday and Wednesday or Tuesday and Thursday based on Cook County Department of Corrections (CCDOC) ID number will still be available, but it will no longer be automatic for our clients with no other recurring movement permissions; it must be affirmatively ordered by the court. Thus, in order to ensure your clients have essential movement if they are newly placed on electronic monitoring, use this new court order and select either essential movement or specific movement permissions.

Please see an email from First Assistant Rodney Carr on Dec. 28, with full details and relevant attachments. As always please contact the Policy Team if you have a client who is denied essential movement.

The giving season continues

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Thank you for your generosity!

Different teams in our office continued to gather gifts and essential items to brighten the holidays for people in our communities.

Top photo: Deputy Chief of Investigations James Shotwell, Chief of Investigations Stephen Ramsey and Investigator John Crivellone pose with toys that the Investigations Division gathered for children at Shriners Children's Chicago hospital.

Middle photo: Students from Alex Haley Academy elementary school pose with gifts from the management staff at 69 W. Washington. This was the second year that the office adopted a class at the school and fulfilled the wish lists of some very happy children.

Bottom photo: Investigators Patricia Gutierrez-Patrick, Marisa Figueroa, Eric Sloss, Marta Meza and Leo Negron and Administrative Assistant Stacey McCoy prepare more than 350 pairs of socks - bound together with public defender wristbands - for distribution to people living on the street.

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Congratulations!

Wishing all the best to public defender staff retiring in December.

  • Anthony Thomas, APD
  • Cassandra King Aaron, Investigator
  • Deirdre McGuire, APD
  • Jeanette Thomas, Administrative Assistant
  • Parul Desai, Chief of the Legal Resources Division
  • Peter Parry, Deputy of Countywide Operations
  • Rhonda Berryhill, Deputy of Administrative Operations
  • Rosa F. Silva, Investigator
  • Susan Smith, Chief of Maywood, Fourth Municipal District
  • Peggy Zanin, Accountant
  • Genevieve O'Toole, APD
  • Aurora Rodriguez, Administrative Assistant

In the news

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Pretrial fairness in the news

With the historic end of money bond coming up on Jan. 1, media coverage has been intense. Our office joined Cook County President Toni Preckwinkle, Circuit Court Clerk Iris Martinez, State's Attorney Kim Foxx and the Justice Advisory Council in a statement saying we are poised and ready to implement the Pretrial Fairness Act.

The Chicago Tribune did a comprehensive story - Despite legal limbo, elimination of cash bail set to take effect Jan. 1 - on all of the implementation work, citing Deputy of Central Operations Amy Thompson.

MSNBC ran a thorough and positive story on the reforms, including an interview with Public Defender Sharone R. Mitchell, Jr.

The Chicago Sun-Times, NBC Chicago and The Triibe were among many outlets citing our statements.

Univision ran an interview with Deputy of Communications Fiona Ortiz regarding the implementation.