[Peace-discuss] Brian Chesley's case

[LAURIE]

Shirley,

 

I totally agree with you that the State's Attorney's office has been left
out of the discussion.  I think that you did leave out several alternatives
open to the State's Attorney, including (a) recommend probation upon going
to court, (b) plea bargain a negotiated plea in return for a lesser
punishment including no jail time and expunging of the defendant's record,
and (c) revert back to the age of the defendant at the time of the arrest
and try the defendant ion juvenile court among others.  That the SA did not
choose to take any of the above mentioned alternatives but selected the
course of action that it did says something about the SA's office as much if
not more than the police. 

 

Of equal importance, the SA could have also called for an investigation of
the Champaign Police by a grand jury or other investigative bodies to see if
their actions were in violation of the defendant's civil rights, were
arbitrary and capricious, or were discriminatory.  However, the SA decided
not to pursue any of these to determine if the arrest was justified in the
first place enough to warrant their course of action.  I think that says a
lot to the community about the SA's Office and the checks and balances they
furnish in the name of insuring justice and equality or equity of treatment.
There certainly deserve as much if not more of the blame and responsibility
for any travesty of justice that may exist.

 

From: peace-discuss-bounces at lists.chambana.net
[mailto:peace-discuss-bounces at lists.chambana.net] On Behalf Of Shirley
Stillinger
Sent: Tuesday, April 29, 2008 5:58 PM
To: Peace-discuss List
Subject: [Peace-discuss] Brian Chesley's case

 

Although I share the anger and disgust voiced by many of you against the
behavior of the police who arrested Mr. Chesley, there is an important part
of the criminal justice system that has not been mentioned:  the Champaign
County State's Attorney.

Whenever any law enforcement officer in the county makes an arrest, he or
she sends a report to the State's Attorney, who can then do one of three
things:

     1.  Do nothing

     2.  Refer the arrested person into a diversion program

     3.  Take the case to court

I think that diversion would have been the appropriate choice.  Mr. Chesley
contributed to the situation and some consequence seems appropriate.

A couple of years ago, I witnessed a trial in a similar case.  Different
State's Attorney, but the same choice.  As someone muttered in walking out
of the courtroom, "A case of prosecutorial overreach."



-- 
Note new email address: shirley.stillinger at gmail.com. 

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