Special
prosecutor ordered in controversial death case
CHICAGO –
A Cook County judge Friday ordered the appointment of a special prosecutor to
investigate the 2004 death of a man during an altercation with a nephew of
former Chicago Mayor Richard M. Daley.
The family of 21-year-old David
Koschman asked for a special prosecutor because it believes the initial
investigation had police cover-ups. The family also said the Cook County State’s
Attorney’s Office has political ties to Daley and is not fit to handle the
case.
Koschman
died days after he struck his head during a fight with Daley’s nephew, Richard
Vanecko, outside a bar in Chicago’s Gold Coast neighborhood. No charges have
been filed.
In his
ruling, Judge Michael Toomin said evidence supports allegations of police
misconduct in the initial investigation, including ignoring or falsely
recording witness statements and labeling the victim as the aggressor. He also
criticized the state’s attorney’s office.
“The
tempest has not been calmed by the actions of the state’s attorney’s office.
... Quite simply we have a dead body,” he said. “This is not a who-done-it. We
know who did it, yet no charges have been filed.”
While the
judge said there was the appearance of institutional conflict because of police
misconduct, he said he did not think State’s Attorney Anita Alvarez has a
political conflict.
Koschman
died days after he struck his head during a fight with Daley’s nephew, Richard
Vanecko, outside a bar in Chicago’s Gold Coast neighborhood. No charges have
been filed.
In his
ruling, Judge Michael Toomin said evidence supports allegations of police
misconduct in the initial investigation, including ignoring or falsely
recording witness statements and labeling the victim as the aggressor. He also
criticized the state’s attorney’s office.
“The
tempest has not been calmed by the actions of the state’s attorney’s office.
... Quite simply we have a dead body,” he said. “This is not a who-done-it. We
know who did it, yet no charges have been filed.”
While the
judge said there was the appearance of institutional conflict because of police
misconduct, he said he did not think State’s Attorney Anita Alvarez has a
political conflict.
When the
judge read his conclusion, the victim’s mother, Nanci Koschman, broke into
tears, turned and hugged her sister.
“I hope I
finally get some justice for David,” she said afterward. “I’ll go see him this
afternoon in the cemetery and tell him that.”
Alvarez
has said she doesn’t think her office has a conflict of interest in the case.
After the
judge’s ruling, Alvarez said she would not appeal the decision and will
cooperate with whoever is named as special prosecutor.
“I
continue to believe I have no legal conflict of interest that would have
prevented me from handling the Koschman case,” Alvarez said, adding that she
believes she has been the victim of unjust attacks by reporters.
Alvarez
had asked state police to investigate after a series of articles in the Chicago
Sun-Times raised questions about the Chicago Police Department’s investigation
of Koschman’s death. The newspaper has reported the police department closed
the case after deciding Vanecko acted in self-defense.
State
police initially agreed to take on the case in March 2011, but backed out days
later without explanation, the state’s attorney’s office said then.
The
Sun-Times has reported that Chicago’s inspector general had been reviewing the
police department’s investigation of Koschman’s death.
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
