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*** UPDATED x1 *** Five unanswered questions

Wednesday, Nov 25, 2015

1) What happened to the Burger King tapes?

NBC Chicago quoted a district manager for Burger King in May as saying Chicago police deleted separate video from a security camera at a Burger King restaurant less than 100 yards away,

While 86 minutes of the video were missing, the city’s Independent Police Review Authority said there was “no credible evidence” that police tampered with it. Alvarez repeated that assertion Tuesday.

That’s the same IPRA which clears almost every cop it looks at.

* What State’s Attorney Avarez said

“Forensic testing was done on the Burger King surveillance system to determine if anyone tampered with the evidence and the testing did not reveal any such evidence,” she said.

She declined to comment on which agency conducted the tests, however.

Somebody needs to track down Burger King’s Jay Darshane, who made the original allegations.

*** UPDATE *** Darshane has mummed up

Darshane told DNAinfo Tuesday that he’s been visited by other authorities since then — and will likely have to testify in the case.

Dasrhane declined to comment further, saying he was told not to speak about the incident.

[ *** End Of Update *** ]

2) If you listen to the audio of the snuff video, you can hear what sounds like wind noise, sirens and garbled electronic something or another, but nothing else. So, was this a tech issue (perhaps “ghost” audio that bled through from another source) or what?

…Adding… 3) When, exactly, did Mayor Emanuel, Superintendent McCarthy and State’s Attorney Alvarez and/or their staff first find out about what was in that police dashcam video? And what did they do immediately after?

…Adding… 4) What was in the reports filed by the other officers at the scene?

…Adding… 5) Why is this clown still working for CNN?

HARRY HOUCK: I’m shocked there’s no violence. I really am shocked.

BAKARI SELLERS: You don’t have to be shocked

HOUCK: Well I kind of thought maybe some — there’d be problems in the inner city.

SELLERS: Why? Why?

HOUCK: Well, you know the thugs like to use this as an excuse to go there out and cause –

SELLERS: The who?

HOUCK: Thugs.

DON LEMON (Host): He’s — I don’t think you’re — He’s not talking about the protesters.

HOUCK: Now I’m not talking about these people here. I’m talking about people who will actually go out and riot, destroy property, fight the police.

- Posted by Rich Miller        

43 Comments
  1. - Where Was The Media? - Wednesday, Nov 25, 15 @ 2:43 pm:

    Thanks for bringing this up, Rich. I’ve been wondering the very same thing.


  2. - Anon - Wednesday, Nov 25, 15 @ 2:45 pm:

    ===“no credible evidence”===

    Courts are different than science class rooms. The absence of the video is enough to suggest that something happened to it. I’m not even sure what they’d expect to find with forensic testing of a program that was running on the operating system that likely has the ability to delete giant portions of video without appearing like tampering.


  3. - Formerly Known As... - Wednesday, Nov 25, 15 @ 2:48 pm:

    +1. Well said.


  4. - Kevin Highland - Wednesday, Nov 25, 15 @ 2:57 pm:

    Question 4. Why wasn’t there dash cam video/audio from the other units on scene?


  5. - Depressed - Wednesday, Nov 25, 15 @ 2:59 pm:

    You have to assume it was the Feds who tested it, and you have to assume they can’t prove anything or they would have happily charged it as there is no defending destruction of evidence


  6. - BeenThereB4 - Wednesday, Nov 25, 15 @ 3:00 pm:

    ==“no credible evidence” that police tampered with it==

    So she isn’t saying that it wasn’t tampered with, she’s just saying you can’t prove it was the police . . . except 86 minutes are missing, a witnes says it was the police that deleted it, and who else has a motive to delete that particular 86 minutes?

    So we have motive, opportunity, and a witness. I’ll bet weaker cases have sent people to prison in Chicago.


  7. - Beaner - Wednesday, Nov 25, 15 @ 3:00 pm:

    In the future, citizens must deny the Corrupt Police access to their security systems and volunteer to make a copy of their video. This police tampering sadly is neither new nor unique. Having a few bad cops on the beat hurts all the mostly good ones.


  8. - Century Club - Wednesday, Nov 25, 15 @ 3:01 pm:

    Other legislative bodies would hold a hearing or two about this, maybe pass a law, but I suspect the Chicago City Council will settle for McCarthy’s head and burying Alvarez at the ballot box.


  9. - Young State Worker - Wednesday, Nov 25, 15 @ 3:02 pm:

    4) None of the dash cams in any of the other police cars were working?

    Re: 1), Why would the officers have stayed at Burger King that long if the footage wasn’t there? Why wouldn’t they have interacted with a Burger King employee to try to troubleshoot?


  10. - Mason born - Wednesday, Nov 25, 15 @ 3:03 pm:

    #3 is the big one to me. It’s possible the BK video was some low level schmuck protecting his “fellow Officer” (still distuebing and inexcusable). But if the mayor, SA, and superintendant saw this and suppressed it for any reason then it’s systematic rot and any or all of the three should tender their resignation. Suppressing this was choosing a murderer over justice.


  11. - Chicago taxpayer - Wednesday, Nov 25, 15 @ 3:06 pm:

    City had to stand down on its internal disciplinary process once state and federal criminal investigations were launched. The question is why did it take so long to complete those criminal investigations.? And why haven’t we heard a peep from the U.S. Attorney?


  12. - Motambe - Wednesday, Nov 25, 15 @ 3:07 pm:

    RE:”Adding…3)When, exactly, did Mayor Emanuel”
    Sound like “what did the President know and when did he know it?” Of course Rahm can be forgiven if he is too young to remember Watergate and that it was not the crime but the cover-up that brought down a President. Or is that too arrogant?


  13. - illini - Wednesday, Nov 25, 15 @ 3:10 pm:

    Going back to the HuffPo/NYTimes reporting this morning - 99% of police complaints go nowhere in Chicago - read the article.


  14. - Lester Holt's Mustache - Wednesday, Nov 25, 15 @ 3:11 pm:

    5) Any chance the officer is acquitted because Alvarez brought the wrong charges?
    IIRC, in the Servin case the judge dismissed the charges because it didn’t meet he definition of “reckless” Will a first-degree charge in this case stick? i.e., he was responding to a call, therefore it couldn’t be “premeditated”. I haven’t been able to follow too closely so far; apologies if this is a dumb question


  15. - JackD - Wednesday, Nov 25, 15 @ 3:12 pm:

    I don’t know why people think, or seem to, that the feds are not looking into all of this. Until proven otherwise, I assume they are.


  16. - Wensicia - Wednesday, Nov 25, 15 @ 3:12 pm:

    The absence of video during that time period is evidence enough. I don’t think you need proof the equipment was tampered with.

    As for Emanuel, I don’t think he’s truthful about the video shown yesterday. He didn’t view it, at any time before his statement that it was “hideous”? He’s turning into a regular Sgt Schultz when corruption is reveled under his watch. Yet, the city immediately forked over $5 million after McDonalds death, before any lawsuit?


  17. - Paceman - Wednesday, Nov 25, 15 @ 3:13 pm:

    Beaner, In my experience as a P.O. I never touched the recorder, I always requested the owner or employees provide a copy of the recording I needed.


  18. - wendy - Wednesday, Nov 25, 15 @ 3:14 pm:

    Respectfully, I think we all know the answer to the first question.


  19. - Count Floyd - Wednesday, Nov 25, 15 @ 3:14 pm:

    First degree murder does not require pre-meditation.

    (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
    (1) he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or
    (2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or
    (3) he is attempting or committing a forcible felony other than second degree murder.


  20. - Rich Miller - Wednesday, Nov 25, 15 @ 3:15 pm:

    ===He didn’t view it, at any time before his statement===

    Smart staff wouldn’t let him see it, is my guess. You gotta have some deniability. It may not seem all that plausible to most, however.


  21. - Count Floyd - Wednesday, Nov 25, 15 @ 3:15 pm:

    Sorry I forgot the citation: 720 ILCS 5/9-1(a)


  22. - crazybleedingheart - Wednesday, Nov 25, 15 @ 3:16 pm:

    Futterman says there’s actually BK security tape of the cop deleting the tape.


  23. - Anon - Wednesday, Nov 25, 15 @ 3:18 pm:

    ===You have to assume it was the Feds who tested it, and you have to assume they can’t prove anything or they would have happily charged it as there is no defending destruction of evidence===

    Look, I’m not really sure if you grasp the whole it’s a computer with files stored on the hard drive concept here.

    What process do you think is being described by the word “tested” in your assurances that the feds “tested it?” Dusted it for prints? Really, what do you think they could be talking about?

    The manager gave the officers the username and password to login to the computer/system used to capture and store the digital video. They likely sat there and deleted the master video file and the only source of that file. There may not be any keystroke saved by the program if the files were deleted from the hard drive and not through the program, and there may not have been any coding in the program to record when files were deleted.

    If the hard drives aren’t immediately confiscated, the space on the hard disc where the videos used to be would be re-written, and it would be difficult and next to impossible to determine what was originally saved and then deleted from that location of the hard drive because additional 1s and 0s were coded in the place where the other 1s and 0s used to be.

    So, when you’re sitting there at your happy little keyboard saying “they’ve tested it!” I’m not really sure what you think you’re talking about that is supposed to make that statement matter.

    I’m also not really certain what “forensic” evidence of a crime they would be seeking as it’s unlikely any record of sitting there deleting master video files would ever be made.

    Is this all circumstantial? Sure. But the testimony of the BK manager would be enough for an indictment and there are other non-criminal options for punishing these folks.

    “We’re not doing anything because we ‘tested’ it and there was no credible evidence” is a really poor excuse for not providing other discipline or dismissal.


  24. - Jeff Trigg - Wednesday, Nov 25, 15 @ 3:19 pm:

    3) We do know the Chicago City Council approved a $5 million settlement with the McDonald family on April 15th. They knew the contents before that date, obviously. The McDonald family hadn’t even filed a lawsuit yet when that settlement was approved.

    If the Chicago PD didn’t view that dashcam video within hours of the incident I would be shocked. So how long did it take them to share it? Did anyone involved do the right thing in this case before the judge released the video?


  25. - crazybleedingheart - Wednesday, Nov 25, 15 @ 3:23 pm:

    Sorry, let me modernize my comment:

    Futterman says there’s actually BK security footage of the cop deleting the files.


  26. - The Captain - Wednesday, Nov 25, 15 @ 3:28 pm:

    Just like Lester Holt’s Mustache I too am concerned about the first degree murder charges. The anger leveled yesterday would pale in comparison to the output that would occur after an acquittal.


  27. - Sir Reel - Wednesday, Nov 25, 15 @ 3:30 pm:

    Charges are brought - more than a year after the shooting - only after a judge says a reporter’s request that the dashcam tape must be released. Duh.


  28. - Amalia - Wednesday, Nov 25, 15 @ 3:33 pm:

    The Feds are still working on it. which is why Alvarez told them that she was going ahead with the murder charge since she thought it could not wait any longer due to the release of the tapes which was out of control of her office and not something the family wanted. The Feds will speak at some time, but they are super cautious, as it should be. (so why isn’t anyone asking for the resignation of Fardon? snark.)


  29. - Politix - Wednesday, Nov 25, 15 @ 3:35 pm:

    My question is which cop in the video was the shooter? Passenger side or driver? I couldn’t tell.


  30. - King Maker - Wednesday, Nov 25, 15 @ 3:37 pm:

    Epic fall of public trust. One word comes to mind. Sad. We all get a grade F-
    We are better than this! Let’s heal and become better!


  31. - Jack Stephens - Wednesday, Nov 25, 15 @ 3:40 pm:

    Imagine if the Naperville police had shot a white 16 year old strung out on heroin like this!


  32. - Arthur Andersen - Wednesday, Nov 25, 15 @ 3:40 pm:

    Rich, I’ve been struggling with #2. How the noise of sirens comes through with some clarity while most everything else is just that eerie whistle is confounding. Way beyond my technical expertise (e.g. enough to hook up a cable box) but it seems messed with.


  33. - Jack Stephens - Wednesday, Nov 25, 15 @ 3:41 pm:

    @the capitan:

    He’ll get acquitted.


  34. - Wensicia - Wednesday, Nov 25, 15 @ 3:42 pm:

    ==that he’s been visited by other authorities since then==

    I hope it was the Feds. If McCarthy was lying about that video, he’s toast.


  35. - Anonin' - Wednesday, Nov 25, 15 @ 3:46 pm:

    5. What about radio calls…there should be a ton of that available under FOI.
    It is also hard to believe all the watchdogs failed on this one


  36. - crazybleedingheart - Wednesday, Nov 25, 15 @ 3:47 pm:

    ==Imagine if the Naperville police had shot a white 16 year old strung out on heroin like this!==

    DuPage reps would howl that we need to imprison more young black men hanging out near the Ike ramps who tempt their young lambs with evil drugs, and not mention cops at all?


  37. - Arthur Andersen - Wednesday, Nov 25, 15 @ 3:49 pm:

    Re: Other dash cams-The other police cars are basically all parked parallel to each other and at a 90 degree angle to the location of the shooting. They just weren’t able to “see” it. Fortuitously for justice, the last car to arrive parked slightly north (?) of the other cars and its dashcam caught everything.


  38. - crazybleedingheart - Wednesday, Nov 25, 15 @ 3:49 pm:

    == If McCarthy was lying about that video, he’s toast. ==

    He’s toast anyway.

    Remember that Emanuel stood with him while he did it.

    Sneed says Amy Rule is cooking for 20 tomorrow because Ari and Zeke and family are coming to town.

    Wonder who has the job of letting Rahm know over turkey he’s officially out of the running for future POTUS.


  39. - Keyrock - Wednesday, Nov 25, 15 @ 3:50 pm:

    First degree murder was charged because of Judge Porter’s wacky decision in the Servin case. There can be an acquittal on first degree murder and a conviction on lesser included charges.


  40. - Depressed - Wednesday, Nov 25, 15 @ 3:51 pm:

    Anon-thanks, you should work at the rcfl.
    Also, i didn’t say “they tested it” at my happy keyboard, much less why it’s supposed to matter.


  41. - Pleco84 - Wednesday, Nov 25, 15 @ 3:54 pm:

    Actually…I am shocked these protests were/are peaceful as well…


  42. - cannon649 - Wednesday, Nov 25, 15 @ 3:59 pm:

    Cover up Chicago style.

    Question who exactly got the five million?

    Who exactly got a percentage of that?u


  43. - Juvenal - Wednesday, Nov 25, 15 @ 6:49 pm:

    #6) Why haven’t we heard any outrage from the Lakefront Liberals?

    I think Greg Harris is the only one to even acknowledge there was an execution broadcast yesterday.


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