As of October 6, 2005, I have not received any correspondence or phone calls from the offices of Senator James Meeks or Illinois State Representative David Miller.
August 18, 2004
CERTIFIED MAIL
URGENT NOTICE
Mr. Donald W. Schupek Mr. Terrence Urbaniak
Posen, Mayor & Village President Posen Chief of Police
2440 West Walter Zimny Drive 2440 West Walter Zimny Drive
Posen, Illinois 60469 Posen, Illinois 60469
Office of the Governor Senator James T. Meeks, 15th District
Governor Rod Blagojevich M121 Capitol Building
207 State House Springfield, Illinois 62706
Springfield, Illinois 62706
Mr. William Davis, Representative 30th District
195 East 154th Street, Suite 200
Harvey, Illinois 60426
Gentlemen:
The Posen Police Department violated my 1st Amendment rights of freedom of speech, and my Constitutionally held Civil rights to be treated fairly and justly as similarly situated individuals.
On August 12, 2004 at approximately 6:00 pm my daughter, Randi Nance, was involved in a car accident at the intersection of 147th & Troy. She called me, Fred Nance Jr., on my cell phone hysterical and upset. I was about a mile away. She asked me what she should do. I told her to call the police and that I would be right there. She did not tell me if she suffered any injuries.
I arrived on the scene about 6:15 pm. The police had blocked all traffic in the two lanes going west. I was in the outside lane of the traffic going west. I saw a lot of police lights flashing and then I saw an ambulance going west past me in the ongoing traffic lanes. This ambulance held the traffic from coming forward from about Sacramento to Kedzie. I was about 10 feet from the median. I proceeded upon the median, where the police cars were with my caution lights flashing.
As I approached where the police were, one of the police officers (Leon) informed me that I was following an ambulance. I told him I was not following the ambulance but merely driving upon the median because my daughter was involved in the car accident. I also told him that the ambulance kept going past Kedzie and that I was not following the ambulance to avoid stops signs and signals, seeing how there were no stop signs or signals.
Officer Leon then told me that he could give me a ticket for driving upon the median. I explained again that my daughter was involved in this accident; I don’t know if she is hurt; and I am not trying to go around traffic but rather to assist my daughter. Officer Leon decided to not give me a ticket and let me assist my daughter.
There was a tow truck on the scene. The tow truck driver was on the ground under my car attaching a chain to it. I approached the officer Rizo. I asked him why was he towing my car. I informed that if it needed towing I have a AAA Chicago Motor Club card, which allows me to get towing service. I also informed him that he let the other vehicle involved in the accident pull off of the street. I asked him if I could be afforded the same courtesy and pull my car off of the street. He emphatically, discriminatorily, and prejudicially told me that this was “ a police tow.”
I asked him if he could call his superiors, that is, a Lieutenant or Chief of Police, to the scene. He told me that his superiors were out of the office. I pulled out my pen and binder requesting the names of all officers at the scene. Officer Leon and another officer with blond hair and sort of stocky approach me stating that if I wanted to start writing stuff down and taking names of officers I would get a ticket and would be arrested for “obstruction of justice.” I asked again for their names.
The officer with the blond hair told Officer Leon to write me a traffic ticket for driving on the median, since I decided to evaluate the scene, in other words write their names down. This is a clear nefarious act of retaliation.
Officer Leon told me to go back to my other car. Officer Leon asked for my driver’s license and proof of insurance. I gave him my driver’s license and proceeded to look for my proof of insurance. About 5 minutes later I had not found my proof of insurance in the car. I was searching my trunk because I keep business materials in my trunk. Officer Leon told me to get back into my car and sit in the drivers seat and don’t move. He stopped me from obtaining my proof of insurance.
The officer who wrote the Illinois Motorist Report had my car towed by Fair Towing, Inc. located at 2718 West 143rd Street, Posen, Illinois, 60469. He told me that my daughter and I could come to the police station after I received my ticket to pick up the paperwork. Officer Leon had me and my daughter sit in my other car for 25 minutes before he released us. Officer Leon gave me two tickets; one for no proof of insurance and one for improper lane usage, wrong side-median violation. I went to the Posen police station to get the Illinois Motorist Report.
Before I got out of the car at the Posen police station I found my auto insurance card under my drivers seat in my Nissan leather binder. I presented the card to the police officer that wrote the Illinois Motorist Report. He told me that he had nothing to do with my ticket. The officer handed me the Illinois Motorist Report.
I looked it over and informed the officer that he put the wrong insurance information on the report. I showed him the copies I have of all three of my cars insurance. The insurance card that Officer Rizo used was American Family Insurance. My cars are insured with Founders Insurance Company. How am I supposed to correct this falsified Illinois Motorist Report created and written by Officer Rizo. This would not have happened if he had let me have access to my car as similarly situated individuals would have had access.
I asked Officer Rizo to correct the Illinois Motorist Report. He told me that I could take care of that later. I informed Officer Rizo that he gave the other driver the wrong information also. I asked him how was he going to correct that error. He did not answer. My daughter and I left the Posen police station with a false Illinois Motorist Report.
On August 13, 2004 at approximately 9:00 am I went to the Posen police department to speak to a superior officer about my issues to see if I would be still charged $50.00 for Posen’s processing fees to have my car released from the police pound. Mary informed me that Lt. Dirk Petry was on a two-day vacation; and that the Chief of Police was at a funeral. Mary said the Chief of Police would be back in the afternoon. I asked if she would take a message, which was my name and phone numbers.
I came back to the station at approximately 2:00 pm. Mary informed me that the Chief of Police was in but that he was meeting with someone. She took another message from me, that is, my name and phone numbers. I told Mary that I would wait about 30 minutes. Mary started to go to lunch 15 minutes later turning the lights off when I decided to pay the $50.00 processing fee of Posen’s police department to release my vehicle.
The Posen Chief of Police never called me back nor did he come out of his office to show me the courtesy of hearing my issues.
On Monday August 16, 2004 my daughter Randi paid $295.00 to Fair Towing, Inc., which was calculated from $145.00 towing fee, $125.00 storage fee, and $25.00 processing fee. The total cost implemented against us is $295.00 + $50.00 = $345.00.
My daughter Randi Nance drove the car away from Fair Towing, Inc. The guy who brought the car out from the pound drove the car out of the pound. The car was drivable. The car was drivable when it was towed. My daughter and I should have been afforded the same courtesy and privilege as the other driver, whose car was not towed but allowed to move her car out of traffic. We should not have incurred the above costs.
On Wednesday August 18, 2004 I called Posen’s Chief of Police leaving a message to call me. I have not received a return call. I called Lt. Petry, who returned my call stating that he could not discuss my issues over the phone. Lt Petry informed me that they have a process where I complete their complaint form and they investigate the matter. I informed him that I would be writing a letter such as this informing the public at large about my issues with Posen’s police department.
I have been disrespected, humiliated, and disgraced by the Posen police department. The Posen police department denied my basic rights to redress. There were 4 officers on the scene from Posen’s police department. They refused to allow me to get their names when they threatened to incarcerate me for obstructing justice. Each officer acted in his professional and individual capacities in violating my 1st Amendment rights and my Constitutionally held Civil rights. Each officer had a duty to act in a manner that afforded equal treatment under the law. I was given a falsified Illinois Motorist Report because I was denied access to my car to produce the correct insurance card for the accident. I was given tickets in retaliation for addressing the towing of my car, requesting the names of the officers on the scene, and for asking to speak to the officers’ supervisor. I was threatened with incarceration for obstruction of justice because I objected to my car being part of a police tow when I displayed my AAA Motor Club card. I don’t or am not sure of the officers’ names, because I was denied that privilege. I can visually identify each officer.
I suggest that Officers Rizo, Leon, et al. acting in their official, professional, and individual capacities, along with the Posen police department violated my 1st Amendment right and my Constitutionally held Civil rights by denying me fair and just treatment as similarly situated individuals by threatening to incarcerate me for obstruction of justice if I continued to exercise my right to free speech advocating to be treated as similarly situated individuals (the other driver), and in driving my car away from the scene and giving proper information about my car (insurance). This act of injustice caused the Illinois Motorist Report to be falsified by Officer Rizo and for me to treated unjustly and unfairly by other police officers of the Posen police department.
The arrangement and relationship that the Posen Police Department has with Fair Towing, Inc. may be questionable and in need of investigation. Who made the decision that my vehicle could not operate on its own? Who decision was it to tow my vehicle reporting that it could not be driven? The windows were not broken. The headlights work. The radiator and motor are operational.
What do I do with the falsified Illinois Motorist Report? Do I change the insurance on the Report? Who will assist me in making the corrections before I send mail it? Please contact me regarding this issue as soon as possible.
WHEREFORE, the relief I seek is a) that I am reimbursed the total cost of $345.00 for a tow and all related cost I should not have received, b) that the tickets I received for no insurance and improper lane usage, wrong side-median violation be revisited to accommodate fairness, and c) that I receive an apology from the Posen police department.
Respectfully submitted,
Fred Nance Jr., ABD, MA, CADC, NCRS
cc: Regular Mail, Email, or Fax
Ms. Lisa Madigan, Illinois Attorney General
Mr. Dick Devine, Cook County States Attorney
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