Chicago Criminal Lawyer Blog

March 5, 2021

Chicago Man Arrested for Inciting a Riot During August Unrest

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

A Chicago man has been arrested for allegedly putting out a call on social media to loot during the civil unrest that gripped the city last August. James Massey, 22, has been charged with one count of inciting a riot. If convicted, he could face up to five years in federal prison.

Calls for Violence Not Protected Under First Amendment

Calls to incite violence against either another person or their property is illegal. The First Amendment does not protect you from making credible, actionable threats, or encouraging others to do the same. The key words here are credible and actionable. If you have the means to carry out the threat or are calling upon others to help you carry out the threat, then you are in violation of laws that have been passed at both the federal and state level.

March 3, 2021

Defendants Added to Bank Embezzlement Prosecution

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

More defendants have been added to an ongoing prosecution in which several key stakeholders managed to tank a Chicago bank by embezzling millions in funds. The Washington Federal Bank for Savings failed in 2017 after the Office of the Comptroller determined that the bank was insolvent. Four new defendants have been added to the case for the theft of over $23 million in bank money. Do they face the same sorts of penalties as those who rob banks by force? No. In this article, we will discuss the charges they are likely to face.

Why Was the Bank Shut Down?

The bank was shut down after the Office of the Comptroller determined that the bank had $66 million in nonperforming loans. What is a nonperforming loan? Essentially, it is a loan in which the borrower has not made a payment in some time. Hence, the loan has been in default for a while. It is believed that the executives, including the CFO and treasurer, floated themselves major loans and transferred bank funds without the required documentation. Those who were on the receiving end of these funds are facing charges. Those who were in charge of overseeing the bank funds are also facing charges. Those who falsified bank records to ensure that the embezzlement was not discovered are also facing charges.

February 26, 2021

Man Charged With Attempted Murder of Good Samaritan

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

Chicago police say that Diamontae Lee Kellum had just gotten through choking his girlfriend when another man approached her to render aid. Kellum became irate with the man, threw a bicycle at his head, and beat him unconscious, according to police. Kellum has been charged with several felonies, including attempted murder.

Police were called to the scene at around 8:00 pm when they found a man unconscious in the street. The victim had a large laceration on his head. He was treated at the hospital for a brain bleed and told police he could notremember what happened.

Why You Should Not be a Hero

February 24, 2021

Man Who Thwarted Burglary Attempt is Charged with Murder

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

A 33-year-old man has been charged with murder after thwarting an attempted burglary on his vehicle. The assailant, Lazaro Vaquez was reportedly cruising with his girlfriend to find someone to rob. He crossed paths with Adam Woods, who was not having it.

Video surveillance shows Vazquez approaching the car, but then appearing startled as Woods exited with a gun. Vazquez could be seen turning around and running. It was then that Woods fired four shots into Vazquez’s back, killing him.

Is This a Legitimate Murder Charge?

February 19, 2021

Chicago Man Faces Murder Charges in Shooting Death of 18-Year-Old

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

A Chicago Heights man has been charged with the death of 18-year-old Jacquise Baylock. The 18-year-old was fatally shot near a boys and girls club. 25-year-old Jason Hinton is the second man to face charges for the death of Baylock. LaQuan Tolliver is also named in an indictment and there may be as many as two other men who are believed to be involved in the shooting, although their names have not been released by police.

Police say that a woman confessed on behalf of all the men involved. She told police that she had lured Baylock to her residences where Tolliver, Hinton, and others lied in wait for an ambush. When Baylock got there, the men killed and robbed him.

Love Triangle Gone Wrong?

February 17, 2021

Chicago Man Facing Federal Charges After Carjacking

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

A Chicago man is facing federal charges after police allege he hijacked a car at gunpoint, crashed it on the South Side of Chicago, and fired a shot at police before being apprehended. In 2018, the feds announced that they planned on trying more carjacking cases in federal court. David Johnson is the lucky beneficiary of that initiative. He is the first man to face charges under the federal initiative.

At the time of the carjacking, David Johnson was on supervised release after he was found guilty of weapons charges. The US Attorney told the press that would-be carjackers had better watch out, “Committing a senseless act of violence like carjacking will earn you a home in federal prison for a long time.”

The Carjacking

February 12, 2021

Police Officer Charged With Attempted Murder in Off-Duty Altercation

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

A Chicago police officer is facing numerous charges related to an incident that occurred while he was off-duty and allegedly intoxicated. Joseph Cabrera, who is an eight-year veteran of the Chicago police force, was originally charged with the aggravated discharge of a weapon and disorderly conduct. However, the charges have now escalated to attempted murder, making a false report, and obstruction of justice.

According to investigators, Cabrera told police he had been attacked before discharging his weapon. But prosecutors say that the officer was never attacked.

The Prosecution’s Story

February 10, 2021

Plot Thickens for Chicago Man Charged in Capitol Blitz

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

A week or two ago, we discussed the situation of a Chicago man who was being charged in connection with the Capitol riot that left one police officer and a couple of participants dead. It is important to understand that this individual was so divorced from reality that he actually posted photos of himself online outside Nancy Pelosi’s office. However, he later came to his senses and removed the photos. By that time, federal authorities had already caught up with him. They demanded that the man turn over video footage of the riots, which he gladly did. The charges against him have now escalated and include felonies.

New Felony Charges

Kevin Lyons of Chicago now faces three additional felony federal charges after turning over his phone to federal authorities. Those include:

February 5, 2021

SUV Linked to Murder of G Herbo’s Friend

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

A Chicago man is being held without bail after police pulled him over driving an SUV suspected in the murder of G Herbo’s friend at a South Loop barbershop. Christopher Mosley, 29, was pulled over carrying a Glock featuring a laser attachment. While the gun was not loaded when police pulled over Mosley, they noted that he was carrying a lot of ammunition. Police did not mention why Mosley was pulled over in the first place. They only said that an SUV matching the description of Mosley’s was seen pulling away from a barbershop shooting. Mosley has not been charged with the murder. However, a judge ruled there was enough reason to order Mosley held without bail.

How Will Police Conduct This Investigation?

First, they will test the gun against the shell casings. The FBI invented an entirely new science for determining whether or not a specific shell casing can be linked to a specific gun. Like most FBI “science” (see profiling and facial recognition), it was just a lot of made-up silliness. According to the FBI, every gun leaves a unique marking on a shell casing. Ideally, every shell shot from the same gun would leave an identical marking. With due deference to science, for the method to work, the markings would need to be identical in every case. They could not be, for instance, substantially similar, pretty close, or within tolerance. They have to be identical. Nonetheless, the FBI was able to bamboozle juries into convicting people based on their made-up science. This made-up science will likely feature prominently in the case against Christopher Mosley.

February 3, 2021

Junk Science and Law Enforcement

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

Law enforcement uses a number of techniques to convict criminal defendants that appear on the surface to be scientific, but really are not. No, we are not talking about DNA evidence, which has been used to exonerate many wrongfully-accused defendants. We are talking about other forensic techniques that were created by the FBI, but have scant scientific merit. In this article, we will take a look at some of that junk science.

Profiling and Behavioral Sciences

We all love Thomas Harris novels and TV shows like Criminal Minds, but the truth is profiling is useless. Not only is it basically stereotyping, but you can pull any Joe off the street and get a similar result to what a trained profiler would produce.