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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Permalink Reply by Bob Kastigar on June 2, 2016 at 10:38am

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

Permalink Reply by Yasmeen on June 8, 2016 at 10:59am

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. 

Permalink Reply by Jim Reho on June 8, 2016 at 11:54am

Sorry, Yasmeen, but I don't see that happening.  I'd be happy to be wrong.  This case went off the rails a long time ago.  The trial judge's mystifying decision to dismiss the reckless homicide charge, which was summarily reversed by the Appellate Court, gave the defendant the opportunity to delay proceedings further by appealing to the the Illinois Supreme Court.  In my opinion, this is a clear-cut, simple legal issue that the Appellate Court decided correctly.  I cannot for the life of me imagine what the trial court was thinking.  It is exactly the sort of appeal that the Supreme Court declines to take.  So when that happens the case will be right where it was a year or more ago.  It is obscene how long this relatively simple case is taking.  No one in the judicial system, and I mean no one, seems to have any sense of urgency about it.  

There's an old saying that "Justice deferred is justice denied."  Usually it applies to prisoners who are languishing in jail waiting for trial.  In this case, though, it is the defendant who does not want a speedy trial, and the court system that appears to be all too happy to accommodate him.  I hope the cycling community will not forget this case while the long dog-and-pony show is playing out.  I think that's what the defendant, and perhaps others, are hoping for.              

Permalink Reply by Yasmeen on June 8, 2016 at 12:00pm

I know, I don't see it either. I read the latest and got really upset and wrote a very different reaction to the update and thought better of posting it. :-( 
I wish Ryne Sanhamel had a conscience and sense of responsibility for his actions but it seems he has neither. 

Permalink Reply by Bill Nedza on June 9, 2016 at 7:01am

Jim, re: "I hope the cycling community will not forget this case while the long dog-and-pony show is playing out.  I think that's what the defendant, and perhaps others, are hoping for."    

I agree 100% the defendant wants it to drag on, absolutely.  As far as the cycling community forgetting the case, well I guess that's up to we in the cycling community.  The Chainlink posts keep this in front of us, and every time I see a new court date I put it in my calendar for a week in advance of the date.  Hopefully enough people will keep Bobby Cann in mind and this case and defendant will NOT be forgotten - not now, not ever.  

Permalink Reply by Bob Kastigar on June 9, 2016 at 1:42am

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 6/14/2016 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

Permalink Reply by Maurice on June 9, 2016 at 7:57am

Reposting the appellate court decision on this page for those who want to read it: 

http://www.illinoiscourts.gov/R23_Orders/AppellateCourt/2016/1stDis...

The appellate court did not summarily reverse, as claimed.  The decision is rather long for a simple, single-issue appeal with a short record.  An actual summary reversal order is only about two pages long.

 

Again, this particular delay was directly caused by the prosecution, which took the unusual step of filing an interlocutory appeal instead of taking 10 minutes to amend the charging instrument as the judge requested.  The prosecution felt that winning this relatively insignificant legal issue was more important than swift justice for Bobby.  If you feel that the prosecution had a good reason to appeal because the trial court was obviously wrong, then you can blame the judge for the delay as well, but you can't rationally blame the defense.

 

Filing a petition for leave to appeal after the appellate court reverses is absolutely routine, since the judges who already considered the issue disagree.  The vast majority of PLAs are denied by the IL Supreme Court in a matter of months but, unlike other high courts, the discretionary appeals that they decide to take unfortunately are not predictable based on the nature of the legal issue presented.  They often take insignificant issues that apply to only one person and ignore massively significant issues that already have been addressed by high courts in other states.  If you're concerned that the Court won't even consider the issue all summer because they're getting paid to not work at all, then there is another obvious direction for your anger concerning the delay.

 

Source:  I've personally litigated hundreds of cases in the IL Appellate Court and dozens in the IL Supreme Court.

Permalink Reply by Yasmeen on June 10, 2016 at 10:59am

Another update from Ride on Bobby:

ASA Jennifer Coleman reports that the hearing scheduled for next Tuesday, June 14th will be postponed until at least June 23rd. The defense was given until the 14th to file written arguments stating why they believe the testimony of Judge Gallagher and Traffic Specialist Niezabitowski on May 5th should render the search warrant constitutionally invalid. That deadline has been extended because of a delay in the court's production of the transcript of the hearing.

Permalink Reply by Bob Kastigar on June 18, 2016 at 12:35am

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 6/23/2016 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

Permalink Reply by Yasmeen on June 22, 2016 at 9:17am

The judge will be absent and the court date will only be used to set the next date. No need to attend. Thank you.

Permalink Reply by Bob Kastigar on June 22, 2016 at 9:50am

Thanks for the heads-up notice!

Permalink Reply by Bob Kastigar on June 28, 2016 at 9:36am

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 6/30/2016 at 9:30 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

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