I received a reponse from Chief Judge Timothy Evans and Presiding Judge Ronald Riley, which I posted in the comment section of this writing. Judge Riley is presiding judge at the Markham courthouse. Judge Flaherty is Associate Judge at the Markham courthouse.
I think the response I received from Judge Riley is appalling. He suggest in his writing "Our system of justice demands that our judges be independent fact finders unencumbered by public opinion."
The complaint below describes the facts, which were presented in open court. Judge Flaherty did not consider the facts. His judgment in this matter came from somewhere else.
You the public, consider if you want judges ruling in this manner. It is surely the choice of the voters.
Our police lose. We, the victims, lose. The criminal wins. This was how "Operation Greylord" existed at the Markham courthouse.
The People of the State of Illinois vs. LaShawn Hobbs, No YG191601
On January 24, 2006 I, Fred Nance Jr., answered a subpoena to appear before the Honorable Judge Brian K. Flaherty of the 6th Municipal District, Markham Courthouse to address a hit-and-run accident where I was the victim. A trial was held. I gave testimony of how two (2) males were in the car that hit me in the rear, at a stop light, and the car which hit me sped away. I immediately called 911 when the car hit me in the rear. I gave testimony stating I followed the car about 5 miles while talking to a 911 dispatch operator while she was directing the police to the scene. During my chase of the vehicle that hit me in the rear, the males in the car switched seats before the police caught up them.
The Cook County Assistant States Attorney, Dennis Dwyer, called me reporting Judge Flaherty had heard all the testimony and was going to examine the transcripts before making his ruling. This is okay if you are going to examine “all” the testimony. I stated in open court I had talked to a 911 representative during this whole ordeal. Why didn’t Judge Flaherty or the States Attorney’s office examine the 911 tape of the day in question? Judge Flaherty would not allow me to elaborate on any issue. Judge Flaherty “gagged’ me. The 911 tapes would have revealed who was driving the car when the accident occurred. I gave the 911 representative a full description of the person driving the car. I was not able to orally present this in court. Judge Flaherty did not want the truth. Judge Flaherty wanted to let the criminals go. People, this is our justice in Illinois.
On January 24, 2006 Judge Flaherty found the defendants not guilty because he found reasonable doubt. Whose reasoning? Something is wrong with this picture. Why do Judges victimize the victim? Who is responsible for hitting my car? What happened to the other defendant? None of these questions have answers.
What about the police officers who put their lives on the line everyday? Judge Flaherty just made their jobs harder. The Riverdale police department/officers put a lot of man hours into this case, which cost the taxpayers of Riverdale, Illinois and the State of Illinois. The Cook County States Attorney’s Office, Dennis Dwyer and Matt Daley performed their jobs well today. They also put a lot of man hours into this case, which cost the taxpayers of Cook County Illinois. The Cook County States Attorney Office mailed me subpoenas and even served one personally. How can these individuals feel they are making a difference? A police officer cannot come to his or her job everyday thinking I just want to put my eight (8) hours in, because of the stress and danger.
Its no wonder some police officers manufacture evidence. It appears this is the only way to get a conviction from Judges such as described. I am familiar with this tactic. I suffered under Judge Paul Foxgrover in 1988. Foxgrover was from the Markham Courthouse also. I am so reminded of the mistreatment and inequalities in Judge Paul Foxgrover’s courtroom in Markham, Illinois. Judge Foxgrover convicted me and stole my money. Foxgrover was caught up in Operation Greylord in the mid-80’s (for more information on Foxgrover, go to http://www.ipsn.org/foxg.html). Foxgrover was sentenced to 6 years on July 14, 1992.
I began my sentence in the Illinois Department of Corrections (IDOC) at Vandalia, Illinois in August of 1992. When I heard about Foxgrover in Vandalia, I attempted to fight this conviction from the Vandalia Correctional Center. My attempt was foiled by a civilian prison property clerk. The clerk whose family is connected in the prison system misdirected my paperwork when I was going to court. Subsequently, all my evidence was lost. I filed a Federal lawsuit for being denied access to court. See Fred Nance Jr. v. J.D. Vieregge, et al. (7th Cir. 1998). This case was decided on June 17, 1998. I was released from IDOC on December 20, 1994. The Honorable Judge Bertina Lampkin finally listened to my legal argument in December of 1994 stating she was releasing me to spend Christmas with my daughter, Randi Nance. My wife of 16 years, Judy Nance, was murdered on July 5, 1993, while I was incarcerated (see Chicago Tribune newspaper for July 5, 1993). Randi found the body. Randi was 9 years old. I was a single parent when I returned home. Randi is now a 3rd year student at Southern Illinois University. She is a Criminal Justice major. Her mother’s murderer was never found. Randi still has issues of loss.
The character and behavior described flourishes both in IDOC and at the Markham Courthouse. It’s the good “ole” buddy system working at its best.
Judge Flaherty did not once consider the danger the Riverdale police officers were in when they stopped and approached two (2) males, at 8:00 am, in a vehicle with no insurance, both people intoxicated, who had run several red lights putting others at risk, and possibly could, have had weapons. I am sure the police officers integrity was attacked by opposing counsel. I am sure the police officers gave testimony in this case equaling the professional standards they uphold. Police officers cannot do their jobs effectively and efficiently because of decisions and ruling such as experienced today at the hands of Judge Flaherty. Judge Flaherty’s ruling today was outrageous and down right disgraceful.
While I was being questioned by opposing counsel, I attempted to elaborate on the questions asked of me. Judge Flaherty did not allow me to elaborate on the question asked. Judge Flaherty stated to me to answer yes or no. What does this really mean?
I remember the last time I was in Judge Flaherty’s courtroom when my hospital pager went off. He reprimanded me stating if it went off again he was going to take it. Two (2) cell phones went off before my pager went off. Judge Flaherty did not say anything about it. The two (2) cell phones belonged to a police officer and an attorney. There is great disparity in our judicial system when it comes to justice. Justice may be something unattainable in our Illinois judicial system.
I have addressed our judicial system in many of my writings posted on my website. I am not sure if the “Rule of Law” is an existing entity in our jurisprudence. Many Judges, maybe Judge Flaherty, legislate from the bench. Most rulings in our judicial system consist of prejudices and biases. In this particular case, I believe Judge Flaherty was bias and prejudice toward me because of how I upstaged the opposing counsel. Opposing counsel may be a “friend” of the court. I am surely not trying to take anyone to breakfast or lunch. I attempted to gain justice. Again, there may be no justice.
We need to make sure our vote counts. When we elect individuals, such as Judge Flaherty, we need to know how he thinks on the issues. We need to know who his friends are and where he comes from. To get a full picture of this “hit-and-run” fiasco, check my website at http://clickforjusticeandequality.blogspot.com/, and click on date November 21, 2005. We have to make sure Judges make decisions from established law and precedent, and not from their personal biases and prejudices. Judge Flaherty and the Judge before him allowed opposing counsel to mislead the court and the processes toward truth. We cannot let Judge Flaherty reach appointment to the Appellate Court. Judge Flaherty should be voted out of office.
In summary, the defendants drove the car that hit my car in the rear. I chased the defendants, never losing my visual contact, talking to a 911 representative describing the defendants and talking every step of the way through the chase scene until the Riverdale Police Officers took the defendants from their car and handcuffed them. With this testimony from the officers and me in open court, Judge Flaherty reports not guilty because of reasonable doubt. This Judge is crazy. Maybe crazy like a fox, like Foxgrover.
If I were litigating this case, I would appeal this Judge’s decision to the Appellate Court. Since the Illinois Cook County States Attorney’s office prosecuted the case I cannot appeal the matter. The Illinois Cook County States Attorney’s office has appealed decisions of a Judge before. I request this decision appealed.
Maybe the States Attorney’s office will not appeal because it’s just a “traffic” case. This would be ludicrous reasoning. The States Attorney’s office should appeal because the evidence was not analyzed appropriately by Judge Flaherty. More importantly, they should appeal because it was not an ethically sound decision. The message of this decision is criminals can be found not guilty if the Judge does not like the people litigating. Judge Flaherty victimizes the victims in his court room. If LaShawn Hobbs is not guilty, then who is guilty? Maybe the accident never happened. Maybe the chase never happened. Maybe I never called 911. Why didn’t the Illinois Cook County States Attorney subpoena the 911 tape of my call? Then maybe opposing counsel would not have to ask me if I can identify the person who was driving the car. This is probably what Judge Flaherty based his decision on. Judge Flaherty did not take into account there was a hit-and-run auto accident. No one that I know of was asked if the accident happened. If the accident happened, then someone is guilty. Maybe I am guilty. Maybe I hit my own car in the rear.
Fred Nance Jr., ABD, MA, CADC, NCRS
cc: Timothy Evans, Chief Judge of the Illinois Cook County Circuit Court
Dick Devine, Illinois Cook County States Attorney
Brian Flaherty, Honorable Judge of the 6th Municipal District, Markham Court
Mr. Graziano, Detective Riverdale Police Department
http://clickforjusticeandequality.blogspot.com/
