Second sentence for running down cyclists include zero jail time

Have you seen?


We are outraged at the insufficient sentences given to Armando Reza and Erik Fabian, who were both convicted of intentionally attacking a bicyclist with his car in Brookfield in 2009. Reza pleaded guilty to aggravated battery with a deadly weapon, yet was sentenced to only 10 days in jail, probation and counseling. Fabian also pleaded guilty to aggravated battery with a deadly weapon and leaving the scene of an accident. He was sentenced to no jail time, just two years of probation. 


The penalty for this type of behavior must fit the crime. In this case, it does not. Violent behavior has no place on our roads. This instance should have served as an opportunity to condemn aggression toward bicyclists, which frequently ends in serious injury or death. Instead, it
reinforces the complacency around traffic violence in our communities. We demand that Assistant State's Atty. Mike Pattarozzi explain why these two men were given sentences that in no way fit the crimes
they committed.


Stay tuned. We will have more action alerts and a letter writing campaign tomorrow.


-Margo

 

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Replies to This Discussion

Permalink Reply by Kevin C Dormant on July 1, 2010 at 7:30am
Cook County judges are subject to retention elections, and they're almost always retained because people tend to be glassy-eyed by the time they get to that portion of the ballot. The best recommendations on judicial elections (IMO) come from the Chicago Bar Association, Illinois State Bar Association, and IVI-IPO. The Tribune and Sun Times also have judicial recommendations, but I'm not sure how rigorous their analysis is. The bar associations request that the judges complete questionnaires and even conduct phone interviews with attorneys who have practiced before the judge regarding his or her temperament, preparation, fairness, and legal reasoning.

I'm going to wait to hear what we can get from the State's Attorney's office about the specific facts of this case before I contact the bar associations. (and I DID write a letter to Anita Alvarez)

Moc Artsy said:
Can we turn our attention to Judge Carol Kipperman and do whatever can be done to publicize her verdicts in this case and work to unseat her when she is up for re-election? Does anyone happen to know if she is elected and will be on the ballot again in the forthcoming mid-term elections? My memory is certainly still that long and I'm sure others on Chainlinnk feel the same way. I am willing to devote time, research and advocacy to this cause, if I can help in any way.
Permalink Reply by Anne Alt on July 1, 2010 at 8:02am
I also wrote to Anita Alvarez. I think that contacting the bar associations after we have more facts could be helpful. If we flood the newspapers with letters to the editor before she's up for election, that could also help bring this situation to the attention of a larger pool of voters.

Kevin Conway said:
Cook County judges are subject to retention elections, and they're almost always retained because people tend to be glassy-eyed by the time they get to that portion of the ballot. The best recommendations on judicial elections (IMO) come from the Chicago Bar Association, Illinois State Bar Association, and IVI-IPO. The Tribune and Sun Times also have judicial recommendations, but I'm not sure how rigorous their analysis is. The bar associations request that the judges complete questionnaires and even conduct phone interviews with attorneys who have practiced before the judge regarding his or her temperament, preparation, fairness, and legal reasoning.

I'm going to wait to hear what we can get from the State's Attorney's office about the specific facts of this case before I contact the bar associations. (and I DID write a letter to Anita Alvarez)

Moc Artsy said:
Can we turn our attention to Judge Carol Kipperman and do whatever can be done to publicize her verdicts in this case and work to unseat her when she is up for re-election? Does anyone happen to know if she is elected and will be on the ballot again in the forthcoming mid-term elections? My memory is certainly still that long and I'm sure others on Chainlinnk feel the same way. I am willing to devote time, research and advocacy to this cause, if I can help in any way.
Permalink Reply by Moc Artsy on July 1, 2010 at 11:32am
I realize that judicial retentions tend to cause glazing of the eyes, and that many in my neighborhood will simply seek out the Irish-sounding names. It's also true, however, that judges do not generally have aggressive campaigns waged AGAINST them, which might be something that some of us could coordinate. I think these sentences can and should become an issue in the forthcoming election. I'm willing to research Carol Kipperman's entire sentencing record and publicize her decisions in these cases in any way that I can.

Kevin Conway said:
Cook County judges are subject to retention elections, and they're almost always retained because people tend to be glassy-eyed by the time they get to that portion of the ballot. The best recommendations on judicial elections (IMO) come from the Chicago Bar Association, Illinois State Bar Association, and IVI-IPO. The Tribune and Sun Times also have judicial recommendations, but I'm not sure how rigorous their analysis is. The bar associations request that the judges complete questionnaires and even conduct phone interviews with attorneys who have practiced before the judge regarding his or her temperament, preparation, fairness, and legal reasoning.

I'm going to wait to hear what we can get from the State's Attorney's office about the specific facts of this case before I contact the bar associations. (and I DID write a letter to Anita Alvarez)

Moc Artsy said:
Can we turn our attention to Judge Carol Kipperman and do whatever can be done to publicize her verdicts in this case and work to unseat her when she is up for re-election? Does anyone happen to know if she is elected and will be on the ballot again in the forthcoming mid-term elections? My memory is certainly still that long and I'm sure others on Chainlinnk feel the same way. I am willing to devote time, research and advocacy to this cause, if I can help in any way.
Permalink Reply by Kevin C Dormant on July 1, 2010 at 3:25pm
They're not head-to-head elections; i.e. you don't vote for Candidate A vs. Candidate B. Active and retained circuit and associate judges are in a pool for assignment by Chief Judge Timothy Evans.

One of the reasons I think it's important to gather more facts before advancing an argument with the bar associations is because Judge Kipperman actually has a reputation for tough sentencing.


Another strategy might be to hold a fund-raiser for her opponent (or to run an opponent from within our ranks-- anyone?), without being terribly vocal that this case is the main motivation for wanting Kipperman out.
Permalink Reply by Houdini Douglas on July 2, 2010 at 6:56am
This is a total outrage and re-demonstrates that there are at least two judicial systems in this country. One for cars and drivers; the other for bicycles and cyclists. Whatever can be done, I want to help.
Permalink Reply by Tyler G on July 2, 2010 at 10:00am
Not to hijack this, but another motorist intentionally hit a cyclist.

Story Here
Permalink Reply by Michael J Blane on July 2, 2010 at 10:15am
Maybe he'll be in front of a different judge.

Tyler G said:
Not to hijack this, but another motorist intentionally hit a cyclist.

Story Here
Permalink Reply by Michael J Blane on July 2, 2010 at 10:16am
I'm late to this thread (but have read it). Do the two victims have any recourse with a civil suit?
Permalink Reply by Kevin C Dormant on July 2, 2010 at 11:03am
Good liability. Bad Damages.

Michael J Blane said:
I'm late to this thread (but have read it). Do the two victims have any recourse with a civil suit?
Permalink Reply by Dan Schleifer on July 7, 2010 at 6:50am
State's Attorney Monica Perez just responded to all of the emails her office received.

Here's a link to the PDF that was sent: http://bit.ly/agAmBG

As an aside, she replied to all using cc', not bcc' so the whole list of people who emailed her was exposed. Poor form and a breach of privacy, in my opinion,

-Dan
Attachments:
Permalink Reply by Dan Schleifer on July 7, 2010 at 7:26am
For what it's worth, Judge Kipperman's office can be reached at 708-865-6060. The receptionist doesn't seem thrilled to be taking calls, and I didn't get the sense that my message was being written down, but a flood of calls never can hurt.

-Dan
Permalink Reply by Davo on July 7, 2010 at 12:29pm
At least that guy initaly got out on a $1000 bond. That allready seems more than what those punks got.

Dan Schleifer said:
State's Attorney Monica Perez just responded to all of the emails her office received.

Here's a link to the PDF that was sent: http://bit.ly/agAmBG

As an aside, she replied to all using cc', not bcc' so the whole list of people who emailed her was exposed. Poor form and a breach of privacy, in my opinion,

-Dan

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