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Crime and punishment in the Cook County State’s Attorney’s race

Wednesday, Feb 3, 2016 - Posted by Rich Miller

* Dan Mihalopoulos is told one thing by the state’s attorney and another by Kim Foxx

I filed a public records request with the state’s attorney’s office to get a list of all of the felony cases Foxx tried during her 12 years as an assistant state’s attorney, from 2001 to 2013. Though public officials often dawdle at least as long as legally possible to answer such requests, aides to the embattled incumbent state’s attorney, Anita Alvarez, quickly replied this time.

They said there was a single case — just one — in the Felony Trial Division where Foxx worked with a more experienced prosecutor to win guilty verdicts against the two defendants. […]

Foxx said that the office of Alvarez — the two-term incumbent she is challenging in the Democratic primary on March 15 — had purposely given me a list that was missing many cases she had worked on.

“It is extremely incomplete,” she said. “I did try quite a few cases. This is crazy to me.”

Alvarez’s aides said what they gave me is everything they have on Foxx.

Weird all around.

* From a press release…

Donna More’s campaign to unseat State’s Attorney Anita Alvarez has taken to the airwaves with a month long TV advertising campaign that will run in targeted cable TV regions of Cook County. The effort includes a :30 second spot that insists “Anita Alvarez must go.”

The schedule that the campaign purchased will have both :30 and :15 second ads running in primetime and daytime. The plan calls for the spots to air on major cable networks for now including CNN, MSNBC, Fox News, Lifetime, TBS, TNT and USA networks.

The ads draw a sharp distinction between More and her opponents in the upcoming primary. Citing Alvarez’ misconduct, one ad criticizes her term in office as “justice delayed, justice denied” and then ticks off More’s unique qualifications: a former federal prosecutor with felony jury trial experience and a plan to reduce gun violence.

More is not a politician; she is a prosecutor who is running for office for the first time. She is the only candidate in the March 15 primary that isn’t beholden to political bosses.

Rate it

* Kerry Lester has an in-depth interview with Cook County State’s Attorney Anita Alvarez. From Kerry’s bullet points

• She decided within weeks to hand the reins of the investigation over to federal authorities and that she frequently communicated with them in the months to follow.

• A 13-month delay before bringing first-degree murder charges against officer Jason Van Dyke stemmed from the difficulty of building a strong case, not just making an arrest.

• The timing of the charges days after a judge ordered release of a video showing the shooting of Laquan McDonald was “in the interest of public safety,” but she had decided on the charges weeks earlier.

Go read the whole thing.

* And, of course, then there’s this

Oof.

* Related…

* Frustrated residents sound off at 1st police accountability forum

       

31 Comments
  1. - @MisterJayEm - Wednesday, Feb 3, 16 @ 2:16 pm:

    “Alvarez’s aides said what they gave me is everything they have”

    And if there’s anyone who’s earned our trust…

    – MrJM


  2. - old pol - Wednesday, Feb 3, 16 @ 2:18 pm:

    Decent investigative reporting by Dan M. More reporting involving research before questioning pols and potential pols is needed. The quality of journalism has never been worse. Lately it seems all they do is repeat soon fed releases.


  3. - old pol - Wednesday, Feb 3, 16 @ 2:20 pm:

    Foxx can clean this up. Most all prosecutors keep their own win loss record. Produce it!


  4. - wordslinger - Wednesday, Feb 3, 16 @ 2:30 pm:

    –The timing of the charges days after a judge ordered release of a video showing the shooting of Laquan McDonald was “in the interest of public safety,” but she had decided on the charges weeks earlier.–

    You left, for weeks, out on the streets without charge, a man you believed to be a murderer “in the interest of public safety?”

    For weeks, out on the streets, a man who, unprovoked, shot an unarmed man 16 times, “in the interest of public safety?”

    Seems counter-intutive, but it prompts a couple of follow-up questions:

    After you’ve decided to charge someone with murder, do you often leave them out on the streets for weeks at a time?

    If the judge had not ordered the McDonald video released, just how long were you going to allow this man you believed to be a murderer to be free without charge amongst the public?


  5. - Grand Avenue - Wednesday, Feb 3, 16 @ 2:32 pm:

    More ad pretty good - but why are they only using still photos instead of video of the candidate? It feels like an Independent Expenditure ad - they don’t have access to video of the candidate, so they have to use still photos in the commercial.


  6. - Amalia - Wednesday, Feb 3, 16 @ 2:40 pm:

    I rate the ad a B.

    as for the DanM article, what I find truly damaging is that Foxx inflates the number of cases that she has tried, moving the number down from hundreds to close to 100 by Dan’s analysis.

    “I suggested that it seemed she shouldn’t say she tried a case unless there was an actual trial, with a jury or judge rendering a verdict.
    “Literally nobody defines it that way,” Foxx replied”

    no, literally everybody defines it that way on their resume, bench and jury trials is what you find on the resume of ASAs and former ASAs. Trials. actual trials. Kim Foxx is misrepresenting her record.

    and, that bit from Jim Papa, the lead prosecutor in the case Foxx claims to have tried, wow. stealing the credit of someone’s work is not good.


  7. - Sal Mineo - Wednesday, Feb 3, 16 @ 2:41 pm:

    Random thoughts from a former Cook County ASA:

    -If Foxx spent most of her career in the Juvenile Division, that Sun-Times story is believable. And sorry Kim, when you “go to trial” on a case, that means actually arguing in front of a judge and/or jury. Literally everyone defines it that way.

    -More’s ad is demonstrably false. She is not the only one to try “murder and gun cases in front of a jury.” Alvarez has countless times.

    - I hope the Tribune poll gets the attention of the folks at the FOP. These public perception problems are real. Even if they think the distrust is unwarranted, they have to acknowledge they have a problem and need to do something to change it.


  8. - Nope, Nope, Nope - Wednesday, Feb 3, 16 @ 2:42 pm:

    Only one candidate running for states attorney supports Bruce Rauner. Donna More.


  9. - Roscoe Tom - Wednesday, Feb 3, 16 @ 2:44 pm:

    Have Ms. Foxx give a list of the felony trials she tried to a jury and the bench trials she tried before felony trial judges not juvenile court judges. Very few real trial lawyers can extol on their trials chapter and verse. Also, each candidate should be asked if they will personally try the Laquon McDonald case. Ms. Foxx may be out of her league based on her juvenile background only.


  10. - paddyrollingstone - Wednesday, Feb 3, 16 @ 2:44 pm:

    I echo Sal Mineo. I suggested that it seemed she shouldn’t say she tried a case unless there was an actual trial, with a jury or judge rendering a verdict.

    “Literally nobody defines it that way,” Foxx replied.”

    Absolute nonsense. That is the only way to define it.


  11. - Robert the Bruce - Wednesday, Feb 3, 16 @ 2:51 pm:

    The poll is more favorable to Rahm than I would’ve guessed. 36% of African Americans think he’ll address the problems.


  12. - whetstone - Wednesday, Feb 3, 16 @ 2:53 pm:

    It looks like she tried the Logan Square acid-attack case: http://abclocal.go.com/story?section=news/local&id=7696815


  13. - Latina Lawyer - Wednesday, Feb 3, 16 @ 3:04 pm:

    “It looks like she tried the Logan Square acid-attack case”

    She was not the first chair prosecutor on that case.


  14. - Ghost - Wednesday, Feb 3, 16 @ 3:10 pm:

    if you have a video and it takes you 13 months to build a stron case, you are in the wrong line of work. just sayin


  15. - Century Club - Wednesday, Feb 3, 16 @ 3:12 pm:

    ==Is Ms. Foxx only planning to serve the African American citizens of Chicago if she becomes State’s Attorney?==

    Can we call a timeout on these insinuations, at least on this blog? If I want racist dog whistle stuff, I’ll go to the Tribune comment section.


  16. - The Captain - Wednesday, Feb 3, 16 @ 3:17 pm:

    The ad is ok, not bad even, but the math in this race is not in her favor. She has the financial advantage and her best hope is to drive up her likability with early tv before her opponents can match. This ad is more of the standard fare political ad, not one of those memorable ones that will make her stand out. I was expecting something with a little more personal charm/appeal.

    Still, it’s much, much better than her awful, horrible, horrible, horrible, awful first ad. Let the pros handle the ad making.


  17. - whetstone - Wednesday, Feb 3, 16 @ 3:25 pm:

    =She was not the first chair prosecutor on that case.=

    Ah, thanks. That must be the one mentioned in the article.


  18. - Anonymous - Wednesday, Feb 3, 16 @ 3:53 pm:

    Not sure why criminal trial experience is the test for the head of an Office which also handles all of the civil litigation for the County. One of Alvarez’s major flaws is that she has never learned to turn the criminal courtroom prosecutor off in favor of County Chief Legal Officer.


  19. - 47th warder - Wednesday, Feb 3, 16 @ 3:58 pm:

    The public at this point could care less about the amount of trails the candidates have prosecuted.

    Like in ‘08 the voters care more about judgement than experience and desperately want change.


  20. - NorthCenter - Wednesday, Feb 3, 16 @ 4:49 pm:

    I think Donna More needs to go negative on Foxx. She can bash Alvarez all she wants but that still doesn’t put her in second place.


  21. - Amalia - Wednesday, Feb 3, 16 @ 5:10 pm:

    well, if judgment and experience are what they want, lying about one’s record and claiming the work of someone else sure indicates a lack of judgement and lack of experience on the part of Kim Foxx. her way of counting trials is an insult to anyone who tries cases. she is just completely wrong about that.


  22. - Anonymous - Wednesday, Feb 3, 16 @ 5:52 pm:

    Will Joe Berrios reconvene the Cook County Democrats to reconsider the endorsement of Kim Foxx since she has entered Dorothy Brown territory for truthfulness by obfuscating her prosecutorial record?


  23. - Amalia - Wednesday, Feb 3, 16 @ 6:18 pm:

    anonymous, that is interesting. Kim Foxx lied on her resume.
    that is usually a “you’re done” offense when applying for a job.


  24. - BOBBY G - Wednesday, Feb 3, 16 @ 6:24 pm:

    A trial is just that. In most circles, a trial that results in a hung jury isn’t even considered a trial for your stats. If you pick a jury and plead guilty in the middle of it, it’s not a trial either. Bench and Jury what are the numbers. I think More has less than 10 felony juries in State court by her own admissio; Alvarez has many, probably close to 100; Foxx, I really don’t know. The question is, if you have an office with 900 lawyers, do you have to have that kind of experience to know what is the right way to deal with heater cases.


  25. - just wondering - Wednesday, Feb 3, 16 @ 7:34 pm:

    If Foxx didn’t think experience was important she would not have lied so blatantly about her record. She should publicly release a list of the murder cases she claims she tried. Her name will be on the trial transcripts to prove she is right. If not she should explain how such dishonesty will help restore trust.


  26. - Frank C - Wednesday, Feb 3, 16 @ 8:14 pm:

    I doubt Alvarez even wins her own staff


  27. - Amalia - Wednesday, Feb 3, 16 @ 8:32 pm:

    interesting that the usual participants are not on this board much defending Foxx. probably because this news is quite disturbing. lying about your resume is a offense that causes firing!


  28. - just wondering - Wednesday, Feb 3, 16 @ 8:40 pm:

    Or an ARDC complaint. Foxx wouldn’t be first to get in trouble with them for lies during a campaign. Has happened to judicial candidates in past.


  29. - Amalia - Wednesday, Feb 3, 16 @ 11:36 pm:

    if the resume lies are on paper, and submitted somewhere, perhaps the ARDC will take a look. a 30 day suspension was given for lying on a blog about previous ARDC action. Kim Foxx has grossly misrepresented her legal experience…very serious.


  30. - Amalia - Thursday, Feb 4, 16 @ 3:09 pm:

    who can report to the ARDC? Kim Foxx appears to have violated the rules of conduct for lawyers in Illinois who are running for legal office.


  31. - Anonymous - Thursday, Feb 4, 16 @ 6:55 pm:

    Form can be found on ARDC web site iardc.org


Sorry, comments for this post are now closed.


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