My client facing two counts with two criminal counts of battery and trespass to land. The State, McHenry County called five witnesses to testify against my client. Two of the witnesses were independent individuals. They did not know any of the parties, (they were in a park across the street from the incident).
After the state’s attorney presented each witness, I cross examined the witness. My client did not testify nor did his girlfriend. The judge found my client Not Guilty. The judge told the Cook County Sheriff, (the one who was knocked out) that the fight was his fault. And that he was an embarrassment to law enforcement, (among other comments).
This battery case is a very good example of how the state’s attorney’s office will push a case that is not worth pursuing. If the state’s attorney would have done her job she would have questioned the witnesses to find out what really happened. Instead of simply accepting what the off-duty sheriff said. State’s attorneys do not care about what really happens in a case. What they care about is getting a conviction and the resulting fines.
This case is also a good example of how the State will cheat on evidence to try to win. Here, the off-duty Cook County Sheriff was wearing a t-shirt that said, “DRUNK AS SHIT”. When the State tendered the picture of the “victim” they intentionally cut off the picture. This was to prevent the defense from seeing the wording on the shirt. Unaware of anything written on the shirt, I still demanded the original unedited photograph of the sheriff. Only after several requests, did the State finally turn over the original image.
The t-shirt and wordings on the shirt was important to prove that the off-duty sheriff was the aggressor and should have been the one charged with a crime.
