Civil Rights

March 9, 2022

Man Exonerated After 30 Years in Prison

by Law Offices of David L. Freidberg, P.C.

A Chicago man who was convicted as a teen for murder will now be freed from prison after his conviction was overturned after 37 years behind bars. The National Registry of Exonerations reported that this was the 3,000th conviction lifted since 1989 when the registry began tracking overturned convictions. The suspect was released from prison after 30 years behind bars, but not because his conviction was overturned — because he was paroled. He will now have the conviction expunged from his record, for all the good it will do him, and he will seek a certificate of innocence from the state.

The defendant was framed by a group of rogue officers operating within Chicago P.D. during the late 80s. The police found the teen walking down the street, beat him, and charged him with murder. The group resorted to framing, planting evidence, and gaining confessions through torture and beatings.

Exculpatory evidence had been suppressed at the original trial and the defense attorney representing the wrongfully-convicted defendant said he did not know about witness testimony that would have tied another man to the shooting.

March 4, 2022

Officer Will Not Face Charges After Groin Punching Suspect

by Law Offices of David L. Freidberg, P.C.

Two officers approach a suspect who opens fire on them. They return fire and strike the suspect. The suspect has now been shot. The police have him in cuffs and are searching him to determine where the gun is. The officer is patting him down. Another officer is standing near him. The officer who is doing the patdown hits his head on the other officer. Thinking it was the suspect who tried to strike him, he punches the man in the groin several times.

Bodycam footage does not show the suspect threatening the officer at the time of the arrest. The officer was relieved of duty and then charged with aggravated battery and official misconduct. However, a grand jury declined to file charges against the officer and so, the case has been dismissed.

Understanding the Problem

January 12, 2022

Is “Woke” Bail Reform Putting Criminals Back on the Streets?

by Law Offices of David L. Freidberg, P.C.

According to a recent opinion piece by the Daily Mail, “woke” bail reform is putting murderers back on the streets of Chicago. This is not strictly true. In 2020, when the jails and prisons were overcrowded with suspects awaiting charges, it became more routine to release individuals on ankle monitors. However, it is true that reforms in the way we do bail are impacting how it functions and who qualifies.

To be sure, Illinois is not woke when it comes to bail reform. Some states have moved to do away with the cash bail system, and we will get into their reasons why below. However, Illinois is not one of them so the idea that Chicago is putting murderers out on the streets at a greater rate than say, New York or Los Angeles is false. One of the reasons why Chicago takes it on the chin when it comes to these sorts of accusations is that we have a large Black population, a history of political corruption, and a reputation for organized crime. However, we are no more woke than, say, Birmingham, AL when it comes to our bail system.

COVID releases, overcrowding, and ankle monitors

January 29, 2021

President of Chicago Police Union Facing Charges

by Law Offices of David L. Freidberg, P.C.

If any one story can encapsulate the zeitgeist of the state of policing in America, it is this one. John Catanzara, the president of the Chicago police union, is facing at least two disciplinary charges. One is related to a social media post in which he referred to Muslims as “savages” and said, “They all deserve a bullet.” The other is related to criminal charges that he filed a false police report against another police officer, then-Superintendent Eddie Johnson.

Disciplinary charges follow an IA investigation into Catanzara who allegedly claimed that Superintendent Eddie Johnson allowed protesters onto the Dan Ryan Expressway. This will be the third time that the President of the police union has faced firing. Two prior superintendents have tried and failed to get Catanzara tossed from the force. The Civilian Office of Police Accountability recommended Catanzara’s firing after he made incendiary comments against Muslims.

Is it Illegal to Make Incendiary Comments About Muslims?

September 30, 2020

Charges Dropped Against Woman Dragged by Hair

by Law Offices of David L. Freidberg, P.C.

A woman who was dragged by the hair out of her car during an arrest will not face misdemeanor charges of disorderly conduct. The woman Mia Wright claims that officers dragged her out of her car by her hair near the Brickyard Mall and then knelt on her neck for a period of time. City officials refused to explain why they dropped the charges against the woman.

An attorney for Mia Wright said that anyone who looked at the video would see that the police officers’ reaction was baseless and unnecessary.

The Video

August 21, 2020

Fraternal Order of Police Decries Firings Amid George Floyd Protests

by Law Offices of David L. Freidberg, P.C.

The Fraternal Order of Police (FOP) has filed a complaint with the Illinois Labor Relations Board after several officers were allegedly unfairly suspended during investigations. Across the U.S., police departments have been taking complaints about officers more seriously since the death of George Floyd and the ensuing protests that gripped the nation.

Sidelined officers include notable ones such as the officer who punched activist Miracle Boyd in the face after a confrontation in front of the Christopher Columbus statue in Grant Park. Others include police officers accused of dragging a woman out of her car by her hair and then kneeling on her neck, and another officer caught on film giving someone the finger.

The FOP insists that none of those officers should have either been fired or suspended until the investigations were complete. They have filed an unfair labor practices complaint over the handling of police misconduct investigations.

April 22, 2020

Some Detainees Get Released From Jail Amid COVID-19 Fears

by Law Offices of David L. Freidberg, P.C.

Those who are in prison awaiting trial for crimes for which they have been accused are considered innocent until proven guilty. Yet the law has a vested interest in holding some detainees until trial—especially if they are considered either flight risks or a danger to the community.

Despite that, one Chicago criminal defense attorney was able to get over a dozen Chicago inmates released amid the COVID-19 epidemic.

Prisons and Jails are Responsible for Inmate Safety

January 29, 2020

Chicago PD Begins Using Facial Recognition Software

by Law Offices of David L. Freidberg, P.C.

Chicago PD will begin using Clearview, a controversial facial recognition software used by the FBI to identify suspects. The controversy surrounding the software is similar to the controversy surrounding law enforcement in general. In other words, it is racist. It also involves another well-established controversy: It is a violation of privacy.

You see, the FBI and law enforcement have access to a database of three billion photos lifted from sites like Facebook, Twitter, Instagram, and other social media megaliths.

How Does it Work?

October 10, 2018

Why You Should Invoke Your Fifth Amendment Rights

by Law Offices of David L. Freidberg, P.C.

Even though a police officer is required to read you your Miranda Rights, that does not mean that you have to speak to the officer arresting you. It is the officer’s job to read you your rights. You then have the right to remain silent. It is the very first right that is read to you when the officers Mirandize you. Today, we will take a look at why you should invoke your fifth amendment rights and remain silent when being arrested for a crime in Chicago.

How can I Invoke My Rights?

Ironically, the best way to invoke your right to remain silent is to speak up and say as much to the police officer arresting you. Some examples of what you could say to the officer include the following:

May 25, 2018

The Right to a Fair Trial in Chicago

by Law Offices of David L. Freidberg, P.C.

A fair trial is one in which the jury or judge imparts judgement without any partiality towards anyone. The various rights linked with a fair trial are explained in Article 10 of the Declaration of Human Rights, in the Sixth Amendment to the United States Constitution.

Any government’s key role is to maintain law and order in society. It is their duty to give fair punishments to a criminal while delivering justice. All of this comes with a great responsibility since convicting someone of an unlawful act is a serious step that will impact the rest of that person’s life.

Thus, the right to a fair trial ensures that people can feel protected and safe. They can know that the law is certain and fair for everyone in the nation. This also means that the government cannot abuse its power and thus can separate the guilty and the innocent.