Murder

February 18, 2022

Man Charged With Murder of Dance Instructor

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

A Chicago man has been charged with the murder of an area dance instructor. Police do not know why the shooting occurred, but the dance instructor was shot outside of his studio and pronounced dead at the scene. He operated the studio as a non-profit and marketed it as a safe space for children.

The suspect has been tied to the shooting through his vehicle and a distinctive gold bracelet he was wearing at the time of the shooting. Police officers also have shell casings that match the weapon used, and three cell phones that place him at the shooting when it occurred. They were able to track the suspect through his vehicle, which was caught on surveillance at the time of the shooting.

Police do not know if the pair had interacted prior to the shooting, or are unwilling to tip their hand on the matter. It seems likely that the dance instructor was targeted for some unknown reason. In some cases, a criminal may put pressure on an individual to do something under the threat of death. If they fail to do what is demanded of them, then the criminal has to execute the consequence for not complying.

February 9, 2022

SAFE-T Act Under Fire After Grand Jury Fails to Indict Man on Murder

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

The background is fairly simple. There is a controversial law on the books that allows the state to pursue first-degree murder charges against an individual who did not intend to commit the murder, but was in the process of committing some other forcible felony. As an example, if a man robs a liquor store and the clerk pulls a gun, the man cannot claim self-defense if he kills the clerk first. Instead, it is considered felony murder, the equivalent of first-degree murder. Makes complete sense, right?

Let’s move on to Alabama. You and a bunch of your friends are up to no good. Police spot you and tell you to stop. You do what kids do, and bolt. The police officer opens fire and kills your friend. You have now been charged with felony murder since fleeing law enforcement is considered a felony. Even though you did not pull the trigger, the law holds you responsible for the other teen’s death.

While the first situation makes complete sense, the second example is a gross perversion of the felony murder rule that is used to pin murder charges on mostly Black suspects. Hence, the felony murder rule is a target for police reformers who believe that the system is racist.

January 14, 2022

Mother, Children Face Murder Charges After Death of 6-Year-Old

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

A mother, her adult child, and a juvenile child are all facing charges related to the murder of the mother’s 6-year-old son. According to police, the mother concocted an odd story about a woman named Monique and another guy named Whacko or Chaos. The mother said that the child left with Whacko/Chaos and was never seen from again. However, police were able to punch a hole in that story, and then the investigation turned on the family.

The boy was found naked and wrapped in a plastic bag in an alley. The boy’s mother is charged with first-degree murder among other crimes. Her adult son is charged with aggravated abuse of a child and unlawfully disposing of a body. A juvenile will face charges in juvenile court. A recent autopsy revealed that the boy died of hypothermia. However, the autopsy also revealed that burns were on the boy’s body.

Analyzing the Evidence

December 31, 2021

Man Sentenced to Seven Years After Customer ODs

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

Two men meet in rehab. Neither is ready to commit to a life of sobriety. The one man sells the other man drugs or arranges for him to get access to drugs, and that man dies. Now, the other man is facing homicide charges. He is convicted of giving the other man a fatal dose of drugs. He pleads guilty and is sentenced to seven years.

Prosecutions such as these are becoming more popular and increasing the risk to drug dealers or even those who procure drugs from a drug dealer to deliver to a friend who is going to share the drugs with them. In this case, the victim’s parents pushed police to investigate the overdose as a homicide. Police were able to recover cell phone exchanges between the two men. Importantly, one exchange involved the victim complaining that he believed he overpaid for his drugs. The defendant responded by telling him he had given him the correct amount and the correct change.

The Controversy Surrounding This Law

December 8, 2021

Ahmaud Arbery Killers Convicted of Felony Murder, Malice Murder

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

Kyle Rittenhouse has been eating up the headlines, but a recent verdict in favor of the prosecution may salve any lingering misgivings about his acquittal. Three men have been charged with the murder of Ahmaud Arbery in Georgia. The men approached Arbery on the street believing that he was loitering around a home that was under construction so that he could find something to steal. The men detained Arbery under a centuries-old citizen’s arrest law that has since been repealed after furor over the Arbery case.

Travis McMichael was convicted of malice murder, which is similar to first-degree murder in Illinois. It was the strongest conviction the prosecution was able to attain. McMichael’s son was charged with felony murder as was a third man who broke the case wide open by publishing a video of the murder.

But the case almost did not make it to trial. Now, the first prosecutor who was presented with the case is facing charges of prosecutorial misconduct for her role in preventing the case from going to trial. The state’s attorney general has charged the prosecutor with prosecutorial misconduct and corruption. She recused herself from the case when it became known that she and the McMichaels knew one another. She is accused of attempting to influence the prosecution of the case in favor of the defendants.

December 3, 2021

Woman Charged in Death of Mother Faces Trial in U.S.

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

A Chicago-area woman is facing charges for the murder of her mother in Indonesia. She spent the last seven years in an Indonesian prison on the same charges. She is believed to have killed her mother with the help of her boyfriend at the time. Authorities believe that the daughter and her boyfriend killed the mother and then stuffed her into a suitcase. The two exchanged text messages on how and when to kill the mother. The defendant has pleaded not guilty to the charges but waived a release hearing that would have allowed the judge to set bond. She will remain in federal prison until January when her next hearing is set.

Does double jeopardy apply to foreign prosecutions?

No. It is only intra-circuit, which can make things frustrating and confusing. If, for example, a defendant is charged under state law and the jury comes back with a verdict of not guilty, the federal government can step in and re-prosecute the charges. This almost never happens unless the issue is extremely high-profile and the stakes in a conviction are extremely high.

November 22, 2021

Could Rittenhouse Face Federal Charges After Acquittal?

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

One thing many folks are not aware of is that double jeopardy, the legal concept by which an individual can only be tried once for the same crime, does not apply across jurisdictions. While it is exceedingly rare for the federal government to pursue a prosecution that was already lost at the state level, it is much more likely in cases when the defendant is acquitted. It is also more likely in cases where the federal government has a valid reason to pursue the charges under federal law, and the cases they do pursue after failed state prosecutions tend to be high-profile high-stakes cases like Rittenhouse’s trial.

The jury was made aware by the judge that if they convicted Rittenhouse on any of the homicide charges, it would reduce the likelihood of a second trial filed by the federal government. On the other hand, it increased the possibility that Rittenhouse would be convicted in this trial. In other words, the jurors were instructed as to the consequences of their decision.

What Federal Charges Could Rittenhouse Face?

November 19, 2021

Prosecution Goes for Mistrial in Rittenhouse Murder Trial

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

The Kyle Rittenhouse murder trial took an interesting turn this week. When a judge excludes a certain line of questioning from a criminal case, neither side can ask questions that would put a witness in the position of answering that question. In this case, the judge excluded evidence that Rittenhouse was going to the protest to defend property. The prosecution had Rittenhouse on the ropes when they broached that line of questioning. Before Rittenhouse could answer through tearful sobs, the judge shut down the proceedings, rebuked the prosecutor, and sent the jury out of the room.

The defense’s objection raised the point that the trial was not going well for the prosecution. By asking questions that had been specifically prohibited by the judge, the prosecution (the defense claimed) was attempting to cause a mistrial that would have allowed the prosecution to start all over again, perhaps with a better theory of what happened and stronger supporting evidence that could be made. The defense then also moved for a mistrial with prejudice. That would have meant that the trial could not have ever been retried by the prosecution and Rittenhouse would be presumed innocent of the charges for the remainder of his life.

Understanding What is Happening

November 12, 2021

Kyle Rittenhouse Murder Trial Enters Second Week

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

Kyle Rittenhouse, the teen charged with murder of two people during race riots in Wisconsin, has entered the second week of his trial to determine if the teen should face adult penalties for the deaths. Meanwhile, a political war is brewing over whether or not Rittenhouse did anything wrong or even illegal. With polarization on both sides of the issue, some believe that Rittenhouse was doing his best to protect his country from armed mobs. Others believe that Rittenhouse went out there looking for a fight. Depending on who you believe, you may be inclined to think Rittenhouse is guilty or innocent.

Despite media claims, Wisconsin does not place restrictions on the ownership or possession of weapons by 17-year-olds. Rittenhouse broke no law by carrying the rifle and his defense team maintains that he acquired the rifle in Wisconsin meaning he did not transport the rifle over state lines. The only question before the jury is whether or not Rittenhouse was justified in discharging the weapon.

The Question of Self-Defense

October 29, 2021

Five Gangsters Charged With Racketeering, Murder

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

Five Chicago gangsters are facing RICO charges related to a criminal enterprise, the O-Block street gang, that murdered a Chicago rapper and committed other crimes on Chicago’s South Side. Since the gang members are charged with orchestrating a murder, they will face a minimum sentence of life imprisonment and a maximum sentence of the death penalty.

RICO Charges and Investigations

The purpose of RICO is to help prosecutors use the full extent of the law to pursue criminal charges. Prior to RICO, a prosecutor had to know which member of a criminal enterprise committed the offense. That left defense attorneys with the option of pointing the finger at other vested parties within the same organization. That vested party could point the finger at another vested party, and so on. It became impossible to get the men at the top of the conspiracy because they always worked through intermediaries. So unless you had them saying, “Hey Joe, can you please kill a rapper?” There were no legitimate means of prosecuting the shot caller.