The Chainlink

Bobby Cann Updates: Ryne San Hamel Pleads Guilty, Receives 10 Days in Jail

Jason Jenkins at ActiveTrans is helping to coordinate community response.  If there is any chance you can attend proceedings, please reach out to him: 

jason@activetrans.org.

 

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The hearing took place on March 24th, there were at least three advocates there for Bobby and the next hearing was set for May 5, at 2:00 p.m. in room 301, in the Leighton Criminal Courts building at 26th and California. Take note lockers are no longer available to store cell phones and other electronic devices, which are not allowed in the building.

An update from "Ride On Bobby":

Breaking News from ASA Jennifer Coleman – the Appellate Court has re-instated the Reckless Homicide charge previously dismissed by Judge Hooks! As you may recall a motion to dismiss the reckless homicide charge was filed by the defense, claiming that the charge of “reckless” wasn’t specific enough, and Judge Hooks ruled in favor of the defense based on his interpretation of the law and dismissed the charge “without prejudice” which meant the State could have re-indicted the charge with more detail. The State’s interpretation of the law differed from the Judge and they decided to pursue the charge as it stands in the appellate court – and they have prevailed!

That's very good news.  I'd say this homicide was definitely reckless.

This e-mail is to inform you that there is an upcoming court event involving the defendant Ryne Sanhamel and case number 13CR1355001.

A hearing has been scheduled for 5/5/2016 at 10:00 AM. This will take place in Circuit Court 127, located at the following address: 2600 South California Ave, Chicago, IL .

Please be aware that there are often multiple cases set on a particular date in this court. The case you are involved in may not be reached on the scheduled day. You may want to check for updates to this information by periodically calling the VINE service or visiting www.vinelink.com.

For more information, contact the county clerk's office.

Thank you,

Cook County Automated Victim Notification System

For those unable to attend the hearings, here's a picture of Judge Hooks so we can see what he looks like.

(Swiped from the Tribune front page on 5/6)

Anything to report from the hearing yesterday, 5/5?  When is the next hearing? 

I'm not sure why what a judge looks like is important or necessary, but I think this photo of

Judge Hooks  might make people form an opinion of him that was undeserved.  If you want to know who Judge Hooks is, better to read about him and his record - it doesn't matter what he looks like, just so long as he does his job well.   

This recap is a post from the "Ride on Bobby" Facebook page:


In court this week the defense called Honorable Judge Daniel J. Gallagher and Traffic Specialist Paul Niezabitowski from the Major Accident Division of the Chicago Police Department to provide testimony regarding what transpired when Specialist Niezabitowski obtained Judge Gallagher’s signature on the search warrant used to test blood previously drawn from the defendant at Northwestern Memorial Hospital. The CPD believed, based on the reports of the officers who responded to the crash, that the defendant was intoxicated at the time the crash occurred, and that the defendant’s blood contained evidence of that intoxication. The blood was drawn from the defendant the night of the crash for medical purposes so the CPD needed probable cause and a search warrant in order to test the blood alcohol content. 


It was early in the evening of May 30, 2013 when the CPD received the signed complaint from the State’s Attorney authorizing the request of a search warrant, and Judge Gallagher was at a park attending a youth sports event when Specialist Niezabitowski phoned him to ask if he was available to sign the warrant. The two met in the parking lot where the Judge reviewed the complaint. Judge Gallagher spoke by telephone to another Judge, and another CPD Officer, obtaining additional advice and information. Judge Gallagher wrote on the complaint the additional evidence provided over the phone to support the search (as is required by law) and signed the warrant. Judge Gallagher felt his handwriting was difficult to read as it was completed on the hood of a car, possibly on top of a folder or other papers, and a misspelled word had been crossed out and re-written. Specialist Niezabitowski suggested that they go to the local police station – which was close by – to make a legible copy. At the police station Judge Gallagher put a piece of paper over the writing he felt was illegible and made a copy of that page of the complaint. He then copied what he had written in the parking lot on to the newly made copy, and both he and Specialist Niezabitowski initialed it. At that point Specialist Niezabitowski left with the signed warrant, and Judge Gallagher went back to the park. Specialist Niezabitowski returned to his office and locked the warrant in his file cabinet where it remained until the District Attorney’s office requested it. Neither man knows what became of the original, illegible, page.


Defense Attorney Sam Adam questioned both men at length about what happened that night, and Prosecuting Attorney Jennifer Coleman briefly cross examined them. Judge Hooks asked questions of both witnesses as well.


The defense has been given until June 14th to file written arguments stating why they believe these circumstances should render the search warrant constitutionally invalid. Once the defense motion has been filed, the prosecution will be given time to respond. After that Judge Hooks may render a decision, or a hearing may be scheduled where both sides will argue their case in the courtroom.

Sunday, 5/29/16. Three years since the crash that killed Bobby Cann.

People need to keep this case, and Bobby Cann, "in the news", and hopefully the motions will end soon, Judge Hooks can move this forward, and if/when the hearing(s) begin to argue the case in court the courtroom will be full of Bobby Cann supporters.  This case is about Bobby, for sure, but it's also a very important case for all people who ride a bike.  Drunk and dangerous drivers need to pay the appropriate penalty for their actions.  In this case nothing short of jail is appropriate, in my opinion.

I'd find permanent, lifetime drivers license revocation also appropriate. That would draw a lot of attention.

From the "Ride on Bobby" Facebook page:

***Criminal Case Update***

As detailed previously, back in April the Appellate Court re-instated the Reckless Homicide charge previously dismissed by Judge Hooks. The defense attorney filed an appeal asking the Appellate Court to review and reverse this decision, but they declined to do so.

On June 6 the defense attorney filed a petition with the Illinois Supreme Court seeking to have the Appellate Court decision overturned. An appeal to the Supreme Court is not automatic. The Court will either grant the petition, in which case both sides will file briefs / oral arguments will take place in Springfield; or they will deny the petition in which case the Appellate Court decision will stand. The Illinois Supreme Court does not meet again until September, which would be the earliest this petition could be considered.

I have so many thoughts about this and the ongoing timeline so I am just going to say this - my heart goes out to Bobby's family and friends. I hope this case somehow manages to wrap up to a fair conclusion quickly because they deserve peace. 

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