The Chainlink

Bike Thieves on Trial!

Tomorrow, Tuesday, July 12th - the trial for the bike thieves as discussed earlier:

Skokie Courthouse - Room 105, 1:30 PM
Map:  http://tinyurl.com/5rbk73x
More details and discussion:

http://www.thechainlink.org/forum/topics/holy-fracking-cow-chicagos...
http://wilmette.patch.com/articles/wilmette-and-winnetka-police-nab...
http://wilmette.patch.com/articles/photo-of-the-day-is-this-your-st...

A bike ride up the North Branch Trail, runs right by Old Orchard Road where the courthouse is located.  

Beware of the usual restriction of what you can carry inside the building, but do wear a helmet and look like a bike rider supporting the prosecution.

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Permalink Reply by Thunder Snow on July 25, 2011 at 10:20am
Worst case scenario for trial: if the police didn't correctly execute the search warrant for the cache of stolen bikes reportedly found in a storage locker, all that evidence gets tossed out (4th Amendment, unreasonable search and seizure).  If each of them can convince their separate jury that they just drove their pal to the train station because the other guy said he wanted to pick up his own bike that he left there, he didn't know anything about him stealing: reasonable doubt.  If the original scrutiny by the suburban police was simply for "Driving While Black Or Latino", a jury may take a dim view of the prosecution.  Otherwise this seems like a slam dunk.
Permalink Reply by h' Zerocats on July 25, 2011 at 11:13am

The police watched both of them steal bikes. The initial report called the search of the storage lockers something like a "consensual search" (don't have time to go back and look.)

Did you seriously think I was proposing to get Gilberto out of jail?

I was wondering how much money Kenny would need to raise to spring him-- there's been a spike in theft reports matching these guys' MO since the legal stuff started.


Thunder Snow said:

Worst case scenario for trial: if the police didn't correctly execute the search warrant for the cache of stolen bikes reportedly found in a storage locker, all that evidence gets tossed out (4th Amendment, unreasonable search and seizure).  If each of them can convince their separate jury that they just drove their pal to the train station because the other guy said he wanted to pick up his own bike that he left there, he didn't know anything about him stealing: reasonable doubt.  If the original scrutiny by the suburban police was simply for "Driving While Black Or Latino", a jury may take a dim view of the prosecution.  Otherwise this seems like a slam dunk.
Permalink Reply by Thunder Snow on July 25, 2011 at 11:31am

Yeah, maybe Kenny's "working" overtime to come up with the cash for Gilberto's bail and their lawyer's fees.  Their lawyer, Frank Kostouros, may not play fair.  He seems to have been censured by the state licensing board in 2005 for unspecified wrongdoing:

 

M.R.20215 - In re: Frank Pete Kostouros. (September 26, 2005)

Disciplinary Commission.

The petition by the Administrator of the Attorney Registration and Disciplinary Commission to impose discipline on consent pursuant to Supreme Court Rule 762(b) is allowed, and respondent Frank Pete Kostouros is censured.

Order entered by the Court.

And yeah, I was frankly surprised you seemed interested in Gilberto's bail.  I mean, you can visit him on visiting day at Cook County Jail if you like, why bother springing him?  ;-] 

Permalink Reply by Thunder Snow on August 7, 2011 at 8:30pm

Time to dust off this thread for tomorrow's arraignment.

"Robertson and Torres are scheduled to be arraigned at 9:30 a.m. Aug. 8 at the Skokie branch of the county court system. At that time, they will enter a plea."

Anyone know if it is Room 105 again if any of us have a chance to attend?  (I might have some time tomorrow)

Permalink Reply by Bob Kastigar on August 8, 2011 at 6:56am

Aaarg!  Meeting this morning, I can't make it to the court.

 

If anyone goes, please make a post here on the status, arraignment, and/or the trial date.

 

Thanks.

 

Permalink Reply by Vilda on August 8, 2011 at 3:49pm
Any news?
Permalink Reply by Thunder Snow on August 8, 2011 at 4:34pm

Yes...and no.  The arraignment this morning in Room 206, in front of Judge Larry Axelrood went VERY quickly (maybe a minute or two at most) and the acoustics in the courtroom (no amplification) were such that I couldn't hear very much of what was said.  Gilberto stood on the left, appearing very unhappy, facing the judge, wearing his prison uniform, with an armed bailiff standing behind him, ready to smack him down if he made a break for it.  Their lawyer stood in the middle and Kenny stood to the right of the lawyer, looking nervous and fidgety.  I saw no head nods or smiles between Kenny and Gilberto; in fact it looked to me like Kenny was keeping his distance, though the lawyer may have instructed them beforehand on this.  What I heard sounded like:

(Lawyer)...motion for discovery...(mumble, mumble)...discovery.

(Asst. States Atty.)...(mumble, mumble)..discovery.

(Judge)..discovery.  9/6?

(Lawyer) 9/6.

(Asst. States Atty.) 9/6.

And with that, Gilberto was whisked out the side door to await the prison van, while the lawyer and Kenny walked quickly down the center aisle and out the back door.

So, I'm not sure if September 6 is another appearance of some sort, or is the date by which the States Attorney must convey all the evidence to the defense in a "discovery motion."

Sorry, I did my best to hear and make sense out of what I was seeing, but it was impossible to hear much and everything was over in seconds.  I'm a failure as a court reporter.  :-(



Gabe said:

Any news?
Permalink Reply by Kevin C Dormant on August 8, 2011 at 4:46pm
Did you at least get any good sketches?

Thunder Snow said:

  I'm a failure as a court reporter.  :-(



Permalink Reply by Thunder Snow on August 8, 2011 at 4:55pm

No, I was trying so hard to mentally filter out the steam-engine-like hyperventilating wheezing of the 300 pound mouth breather defendant sitting directly across the aisle from me (awaiting his turn up before the judge) to even think of making a drawing.  A courtroom is a fairly unpleasant place to be.

 
Kevin C said:

Did you at least get any good sketches?

Permalink Reply by Bob Kastigar on August 8, 2011 at 5:04pm

Actually, it was a very good report considering the circumstances.  I was there for the first trial.  You're sitting so far away from the judge and it's so hard to hear the proceedings it makes you wonder why it's called a "public trial." 

 

You should share your experience with the Hon. Judge Timothy Evans.  I think you can get email to him by trying cookcountycourt@chi.syn.net which is the closest address I could get from the web site of the circuit court. 

 

Thanks, Thunder Snow, for going and sharing this with the rest of us.

 

Permalink Reply by Thunder Snow on August 8, 2011 at 5:09pm
Glad to be of some help (?).  This courtroom experience makes me never want to be arrested for anything as long as I live.

Bob Kastigar said:

Thanks, Thunder Snow, for going and sharing this with the rest of us.

 

Permalink Reply by pjc jr on August 8, 2011 at 5:18pm

Regarding the "photo-of-the-day"...I spotted (all that was left) a racing frame of my buddies. He informed me that he did do 'bikestolenregistry' but never was contacted. Only as many as six people have recovered their bike or what was left of it. I highly recommend that anyone that has had a bike stolen that fits this thief's profile...call the precinct where the evidence is being held. Who knows how well this evidence is being returned to owners...and only making more noise (phone calls) may help the outcome of the case.



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