November 21, 2005

Cook County Illinois States Attorney's Office: Victimizing the Victim

The Riverdale Police Department arrested the right person. I informed Detective Graziano, the arresting officer on the scene, that the person in the passenger seat was driving the car when my car was hit. I never saw the person's face who was arrrested. I never knew his name. The States Attorney's office should have questioned this officer for an identification, not me. The arresting officer knew LaShawn Hobbs because he arrested the man I said was driving the car when my car was hit. The arresting officer arrested the right man. The man I said was driving the car when my car was hit. The man who hit my car was in the passenger seat of the car when the car was stopped by the Riverdale Police Department. I followed this car after it hit me. The car never was out of my site. I was on the phone with 911 all of the time I was following the car. The two males in the car did not stop and pick anyone up. I had the car in site all the time I was following it.

November 4, 2005

Cook County of Illinois
States Attorney Dick Devine
69 West Washington, 32nd Floor
Chicago, Illinois 60602
Re: Case No. YG191601 (this letter is posted on my website)
Mr. Devine:

I, Fred Nance Jr. the Plaintiff/Petitioner in this matter, am writing to complain of how my case was handled by your Markham States Attorneys’ office. On March 20, 2005 at approximately 7:21 am, my car was struck from behind at the stop light at approximately 134th and Halsted. There were two black males in the car. The car that hit me took off from the scene of the accident. This was a hit-and-run. I called 911, and stayed on the phone with 911 as I pursued the car. The Riverdale Police Department caught up with the car I believe at 115th place and Wallace about 4 miles from the scene of the accident.

The Riverdale arresting police officers talked to me about the accident. I informed them the person who was driving the car when they stopped it, was not the person driving when my car was hit. I informed the arresting officers the two people in the car stopped the car during my chase and switched seats. Therefore, when the arresting officers stopped car, the person driving the car at that time, was not the person driving when my car was hit. As I was talking to one of the arresting officers I was walking toward the car that hit my car. The arresting officer stopped me and stated it was no need for me to go near the scene of the arrest. I obeyed and retreated back to my car. I never saw the faces of the two guys in the car that hit my car. I was not told their names at the scene of the arrest.

I went to the Markham courthouse by subpoena on July 29, 2005 and October 5, 2005 to room 205M. I was scheduled for another court appearance on October 19, 2005. On October 17, 2005, I called and left a message for Mr. Bill Galati and Mr. Dennis Dwyer stating I acquired new employment on October 17, 2005 and I needed a continuance because I could not take time off from this new employment to appear in court. I left another message on October 18, 2005. In both messages I requested they call me to acknowledge receipt of my message. I never received a returned call. I received a call on or about October 28, 2005 after I left a 3rd message on or about October 24, 2005.

Sir, before this court date, I was very diligent in attending court because I need to know who was going to pay my medical expenses and time off from work. The car I was driving was a rent-a-car from Enterprise Leasing. As of this date, Enterprise Leasing has not contacted me for payment for damages to their car.

When Mr. Dwyer called me on October 28, 2005, he stated he had not taken the information off of his answering machine before erasing my message; therefore, I would have to call him back with the case number so he could check the status of the case for my continuance. Mr. Dwyer called me on November 3, 2005 reporting he had dismissed my case because he believed he could not win. What kind of nonsense is this?

Mr. Dwyer reports he read the transcript of a prior court date stating I could not pick out the person in the courtroom who was driving the car. I informed him I never saw who was driving the car or knew the name of the person driving the car. What I know is there were two black males in the car when their car hit my car, and they changed seats before the Riverdale Police apprehended them. I informed Mr. Dwyer my subpoena reports “The People of the State of Illinois vs. LaShawn Hobbs.” I don’t know LaShawn Hobbs. I never knew the names of the people driving the car. The police officer knows whom he arrested as the driver of the car. Why didn’t your Assistant States Attorney question the police officer that arrested the driver? The arresting police officer was in court. Is your Assistant States Attorney a friend of defense counsel? There are some relationships here that are inappropriate.

What Assistant States Attorney Dwyer is reporting is an account from the transcript on the day I was asked, “do you see Mr. Hobbs in the courtroom?” When I was asked by defense counsel “Do you see LaShawn Hobbs in this court?” I answered I do not know LaShawn Hobbs. Defense counsel asked again, “Do you see the man who was driving the car that hit you?” There were about 60 people in the courtroom. I told the court the person I saw driving the car is not the person who was driving the car when the police arrested them. I informed the court that I never saw the faces of the two males because the Riverdale arresting Police Officer instructed me to go back to my car when they were making their arrest. The Assistant States Attorney who was prosecuting the case on that day let the defense attorney grill me into an answer to this question that fit the defense counsel’s motives.

Therefore, Mr. Devine I respectfully request a thorough investigation into this matter. How is the States Attorney’s office assisting the People of Illinois when you have Assistant States’ Attorney working to further their own ambitions and careers by working against the victim? I am a victim in this matter. Where is my justice and equal treatment? I asked Mr. Dwyer how was I supposed to pay for the damages and expenses incurred for this hit-and-run accident. Mr. Dwyer informed me I would have to go after the “driver” in a civil complaint. I informed Mr. Dwyer I do not know who the driver is in this matter. I informed Mr. Dwyer I do not know whom the car belongs too. I told Mr. Dwyer I thought I would learn all of this when I went to court. Mr. Devine what I learned when I went to court is that your office victimizes the victim.

Respectfully submitted,

Fred L Nance Jr., ABD, MA, CADC, NCRS

cc: Mr. David Sabatini, Markham Supervisor Riverdale Police Department
http://clickforjusticeandequality.blogspot.com/ faxed copies sent only