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 Ian on July 16, 2010 at 1:39am
I can discuss the typical processes of the criminal courts in cases like this one and misdemeanors, like the new car vs. Bike statutes. I can also discuss practical crime victims' rights and what a victim can do to try to ensure restitution and retribution are part of the justice system in their cases. I cannot discuss civil liability issues, but there are some good attorneys on the chainlink who may wish to address this.
Permalink Reply by Vilda on July 16, 2010 at 2:13am
Make sure to invite 'em ;-)
Permalink Reply by Brendan Kevenides on July 16, 2010 at 3:20am
I'd be interested in hearing Ian talk about the criminal side of things. If there is an interest I'd be happy to discuss civil liability.

Brendan.

Ian said:
I can discuss the typical processes of the criminal courts in cases like this one and misdemeanors, like the new car vs. Bike statutes. I can also discuss practical crime victims' rights and what a victim can do to try to ensure restitution and retribution are part of the justice system in their cases. I cannot discuss civil liability issues, but there are some good attorneys on the chainlink who may wish to address this.
Permalink Reply by Active Transportation Alliance on July 16, 2010 at 10:28am
FYI: Active Trans is a nonprofit 501(c)3 organization and cannot support (or oppose) candidates or referendum items. We can lobby for new legislation such as the Stop for Pedestrians (HB 43) law that we pushed and got passed this year. We develop a Legislative Agenda each year and will be reaching out to our members soon for input on 2011 plans. We can educate our members/public on candidates and issues through our communication and things like Candidate Surveys (another current project) but we cannot take a stance on particular candidates.

Gabe said:
Also has the ATA thought about backing a Judge for replacement?
Permalink Reply by Active Transportation Alliance on July 16, 2010 at 11:04am
Unfortunately, we cannot attend the the Legal Schmeagle Roundtable next Wednesday but are definitely interested in being in the loop on future plans from the bike community on this issue. Please do update us after the meeting.

Thanks,
Ethan, with Active Trans
Permalink Reply by Vilda on July 16, 2010 at 11:05am
Well thanks ATA that clears that up! ;-) So something else to figure out is what groups we can get to back a contender. ATA can't, someone can ;-)

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