The Chainlink

Insights from the State's Attorney

Hi everyone:

We’d like to update you with some more insights and information on the Reza/Fabian case.

Active Trans staff met with three top officials from the Cook County State’s Attorney’s Office on  Wednesday, July 14. It was a very productive meeting in the sense that we set the record straight and began building what could be a very fruitful relationship with some major players.

Here are some insights we gathered:
  • The State’s Attorney’s Office was just as disappointed as we were with the light sentences given to Armando Reza and Erik Fabian, who were convicted of intentionally running down cyclists with a car in Brookfield in 2009. The State’s Attorney’s Office assured us that they fought for penitentiary time. This wasn’t clear to us from the original Chicago Tribune article, which is why we encouraged everyone to contact Ms. Alvarez. It was good for us to hear that her office didn’t propose the light sentence that was handed down.
  • They also stressed to us that Ms. Alvarez and her entire office are committed to seeking justice in all cases. So, while our community doesn’t feel like justice was served in this case, they wanted us to communicate that they do continue to fight for it.
So moving forward, here is what we think this meeting could mean for us in the future:
  • We hope to be a resource to the State’s Attorney on cases involving bicyclists and pedestrians. In the same way, we have committed to reaching out to their office when we have a question about a certain case.
  • We believe there are opportunities to partner with the State’s Attorney’s Office on future legislative campaigns that seek to create stiffer and more equitable penalties for traffic crimes
    involving vulnerable users.
  • We also offered to provide ongoing training for Assistant State’s Attorneys assigned to traffic court on laws related to bicyclists and pedestrians.
  • Finally, we are connecting our new Crash Support Program with the State’s Attorney’s victim assistance program. Our hope is that when a victim or victim’s family is in need of help to process or heal from a crash experience, their office will refer them to us.

So what does it mean for us as a community? Well, a few things:
  • First, it means that we are being heard. The State’s Attorney’s office received hundreds of emails, letters and phone calls. Those responses initiated this meeting, and we have you – Active Trans members and supporters, and the cycling community at large – to thank for it.
    So thank you!
  • Now we have a connection, which means we have an opportunity to learn about serious traffic crimes earlier in the process, instead of reacting to a news story after the trial has concluded. If you hear about a case involving a bicyclist or pedestrian going to court, let us know so we can take proactive steps to address the situation. One thing to note: traffic court proceedings happen quickly. Not everything is a Blagojevich trial. There is rarely time to anticipate when a case will be scheduled in court. But the more we know, the better off we will be.
  • These incidents shape (and give credence to) what we fight for in Springfield. When we make our frustration and anger heard, it reverberates far beyond a single meeting.
These are some big systems we are trying to impact. So big, in fact, that sometimes it feels like nothing is changing. But we have seen here that wheels are spinning and movement is being made toward make biking and walking safer.

And let’s be honest – this won’t be the last instance of injustice we experience. That’s why we need to continue making our voices heard.

Thank you again to everyone who took the time to write a letter, send an email or make a phone call. You are fuel the movement.

Melody Geraci
Active Trans

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Replies to This Discussion

Permalink Reply by Vilda on July 15, 2010 at 4:04pm
Was access to the transcripts from the trial something that was discussed? While we talk about replacing Judge Kipperman, I can't help but feel this is a very elaborate political move from States Attorney Alvarez.

Also has the ATA thought about backing a Judge for replacement? A friend of mine and I were discussing this last night. He knows several people that are highly qualified to be judges but would need assistance in getting elected. Replacing a sitting judge is extremely difficult.

Did she or her people define "Intensive Probation" I've spoken with some lawyer friends (one was on the John Wayne Gacy case - she's no slouch!) and NO ONE knows what the hell that is.

No better way to show our might then by lobbying and voting! :-)
Permalink Reply by Ian on July 15, 2010 at 4:59pm
I won't comment on the ATA's post, because it will turn into a rant I'd rather not post.

Gabe -

No trial - this was a plea negotiation, though maybe a partial one allowing the judge to sentence the defendants after the State reduced/eliminated charges.

Intensive Probation is a tougher probation requiring more frequent probation meetings (weekly), more frequent drug/alcohol testing, possibly additional public service and less tolerance for violations of probation. It is usually a last step before IDOC.

Presence in court and the victims demanding to be heard before sentencing are usually the most effective. If 50 cyclists sat in the courtroom, they are harder to ignore.

Gabe, talk to me about this next time I see you - I might offer more insight.


Gabe said:
Was access to the transcripts from the trial something that was discussed? While we talk about replacing Judge Kipperman, I can't help but feel this is a very elaborate political move from States Attorney Alvarez.

Also has the ATA thought about backing a Judge for replacement? A friend of mine and I were discussing this last night. He knows several people that are highly qualified to be judges but would need assistance in getting elected. Replacing a sitting judge is extremely difficult.

Did she or her people define "Intensive Probation" I've spoken with some lawyer friends (one was on the John Wayne Gacy case - she's no slouch!) and NO ONE knows what the hell that is.

No better way to show our might then by lobbying and voting! :-)
Permalink Reply by Kevin Mulcky on July 15, 2010 at 5:58pm
Melody

I wanted to thank you and the rest of the staff of Active Trans for keeping us up to date on this issue, and for maintaining such an active presence on The Chainlink.
Permalink Reply by Vilda on July 15, 2010 at 6:08pm
Thanks Ian, see ya at Marauders? Ian Kasper for Circuit Court Judge works for me! ;-)
Permalink Reply by h' Zerocats on July 15, 2010 at 6:12pm
Hi Gabe! Hi Ian!
I would love something like a round table with a few of our favorite lawyer folk over beeersssss to get the missing nuances. I still feel like I have no idea how this happened.

Gabe said:
Thanks Ian, see ya at Marauders? Ian Kasper for Circuit Court Judge works for me! ;-)
Permalink Reply by Ian on July 15, 2010 at 6:58pm
Gabe- hell no. See you at MM.
Howard, sure. Name the pub, almost any evening after 8. I would love for some cycling activists and ATA to be there.
Permalink Reply by Vilda on July 15, 2010 at 7:51pm
We're gonna twist your arm Ian. ;-) The right people for the job rarely want the job. ;-)

Pub learning trip=Good! ;-)
Permalink Reply by h' Zerocats on July 15, 2010 at 8:11pm
How about Quencher's Saloon at Western and Fullerton, Wednesday the 21st, 9:00 P.M.?

Ian said:
Gabe- hell no. See you at MM.
Howard, sure. Name the pub, almost any evening after 8. I would love for some cycling activists and ATA to be there.
Permalink Reply by h' Zerocats on July 15, 2010 at 8:12pm
Agreed. We very, very badly need to start getting "our" people into elected office.

Gabe said:
We're gonna twist your arm Ian. ;-) The right people for the job rarely want the job. ;-)

Pub learning trip=Good! ;-)
Permalink Reply by Ian on July 15, 2010 at 8:23pm
Quenchers at 9 on the 21st is good for me. Who's in?
Permalink Reply by Vilda on July 15, 2010 at 8:25pm
And shit. ;-( I work. I always have that issue. ;-) Post it as an event though so you can get more peeps.
Permalink Reply by h' Zerocats on July 15, 2010 at 8:29pm
Are you sure Gabe? Can you say anything else about your availability?
Howard


Gabe said:
And shit. ;-( I work. I always have that issue. ;-) Post it as an event though so you can get more peeps.

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