Defense Lawyer

May ‘08

Aggravated Discharge/Attempt Murder thrown out after Robert Callahan appointed as Counsel

On July 11, 2006 two women were fired upon by two young Latino men who were standing in a alley at 1900 W. 48th Street. The women testified that one the two young men had pointed a weapon at their SUV and discharged several shots. Neither of the women were injured. Richard V. was arrested for Aggravated Discharge of a Firearm and Attempted Murder in connection with this offense. Robert Callahan was subsequently appointed by a Cook County Judge to represent Richard V. Members of the Chicago Police Department had arrested Richard that night after he was implicated by two individuals as the person who fired shots at them.

After obtaining all the relevant case reports, investigative files, general progress reports, and all other relevant reports, we began our investigation. We subpoenaed the 911 recordings and all the police radio dispatch recordings for the night in question. Robert Callahan and our investigator went to the scene and interviewed witnesses, took pictures, and measured out all relevant areas.

After investigation, it became apparent that there were major inconsistencies in the story the witnesses/victims had told the police. They had told the investigating Chicago Police Detectives that the shooter had fired at their truck from a distance of less than10 feet. When we went to look at the truck they were driving, it didn’t have any bullet holes in it. Had the bullet holes been repaired? Were the holes somewhere inconspicuous? No. Detectives had asked them why there were no bullet holes in the truck on the night of the occurrence, and they had no answer. Many other inconsistencies were also uncovered.

Also, our investigation uncovered the fact that Richard V. had only been identified by the two women after he was brought before them in handcuffs. And that was almost an hour later, at night, and after one of the police officers had told the women “we caught the offender” Anyone even remotely resembling the suspect would have been identified under the circumstances. Although these are common procedures followed by the Chicago Police, they are unduly suggestive, and often result in False Identifications.

After being made aware of all the inconsistencies, the Cook County States Attorney’s office decided not to proceed with the case, and ALL CHARGES WERE DISMISSED.