[Discuss] [Peace-discuss] Re: [Peace] State's Attorney
Rietz Participates In Cover-up Of Police Brutality
Belden Fields
a-fields at uiuc.edu
Mon Feb 4 19:38:27 CST 2008
You make some good points Laurie. I'm not sure I would favor a legal
ban myself. But I would be less inclined to vote for someone as
states attorney if he/she were married to a police officer. And
again, to get to my major point, I don't think that I would be sexist
for that.
Belden
On Feb 4, 2008, at 2:25 PM, Laurie at advancenet.net wrote:
> > She is not just a top bureaucrat, but sets policies regarding how
> to prosecute certain kinds of crimes and gets involved in
> individual cases.
>
>
>
> Isn’t that what a top bureaucrat does – particularly with respect
> to the setting of policies regarding how to prosecute certain kinds
> of crimes and civil matters?
>
>
>
> With respect to the second part regarding getting involved in
> individual cases, obviously, states attorneys get involved in
> individual cases to greater and lesser degrees depending on their
> need to control, political insecurity, and other factors; but their
> main function typically is administrative and managerial, which
> does involve policy-making at both a general and a procedural
> level. From watching and listening to her on TV during the
> debates, I got the distinct impression that she is not only
> somewhat of a control freak who may attempt to micro-manage
> controversial cases (which is not all that unusual for elected or
> appointed states attorneys) but also some of the less controversial
> criminal cases being worked by her office. Nevertheless, she has to
> delegate much of the mundane daily decision-making and judgments to
> her staff even in controversial cases as a practical matter of time
> constrains and demands on her with respect to other activities in
> her agency; moreover, the specific concrete interpretations of both
> legislative provisions and administrative policies, rules, and
> regulations with respect to their application and implementation in
> any given individual case are a matter of judgment by the person
> who is actually working the case on a daily, work-a-day basis and
> goes unnoticed by everyone until it comes into question and becomes
> problematic. It is only then that it may come to the attention of
> higher ups in the bureaucracy.
>
>
>
> She also strikes me as a very defensive ego involved individual who
> would take any criticism as personal and would claim credit,
> control, and involvement in each and every case at the strategic
> level when she could do so without having to deal with the nitty-
> gritty details of the case which she probably is not up on in most
> instances. Hence, your impression may be correct; but it just as
> well may be a result of her ability to blow smoke in an impressive
> way which is what attorneys are trained to do and what politicians
> perfect to a fine point if they are to be successful.
>
>
>
> But, regardless of how intrusive she might be in the production of
> the work product in individual cases, there still remains the
> question of whether or not she would be less intrusive if she could
> and would formally recuse herself from cases or if the intrusions
> would only be more tacit and obscure. I would ask the same with
> respect to any official – let alone any states attorney. Moreover,
> it does not address the question as to if what make the spousal
> relationship more corrosive than other familial relationships or
> even close friendships and business associations –past and present
> – or close business relationships and friendships of relatives with
> non-related persons. Moreover, should such prohibitions and
> restrictions also apply to civil cases as well as criminal cases?
> To be practical, I do not see any way to remedy the problem by
> means of formal stipulations and prohibitions; the best that can be
> hoped for would be to legislate mechanisms that resulted in closer
> public scrutiny of various relationships and entanglements which
> might influence the actions and decisions of actors in the legal
> system and which would make such factors publically transparent so
> that their effects on judgments would be apparent and could be
> publically challenged.
>
>
>
>
>
> From: Belden Fields [mailto:a-fields at uiuc.edu]
> Sent: Monday, February 04, 2008 1:24 PM
> To: Laurie at advancenet.net
> Cc: AWARE peace
> Subject: Re: [Discuss] [Peace-discuss] Re: [Peace] State's Attorney
> Rietz Participates In Cover-up Of Police Brutality
>
>
>
> My impression from listening to Julia is that she is much more
> intrusive in the process than you suggest Laurie. She is not just
> a top bureaucrat, but sets policies regarding how to prosecute
> certain kinds of crimes and gets involved in individual cases. I
> have had quite a conversation with her about one specific case.
>
> Belden
>
> On Feb 3, 2008, at 4:34 PM, Laurie at advancenet.net wrote:
>
>
>
>
> Out of curiosity, why are you satisfied in limiting the prohibition
> to spousal relationships only; how about brothers, sisters,
> mothers, fathers, children, cousins, nephews & nieces, and in-
> laws? History has shown that even close friends and business
> associates can influence the decisions that law enforcement
> officers, prosecuting attorneys and judges; I do not think that one
> can preclude such influences or even minimize them if they are
> going to exist. Why can’t states attorneys recuse themselves from
> each and every such case? As a practical matter, the states
> attorney does not actually do the prosecutions in trails in most
> cases but passes it on to their assistants and deputies. While it
> is true that they can influence the decisions and actions of their
> assistants and deputies, it is also true that they can do the same
> if and when they recuse themselves. Independent prosecutors do not
> really exist except in name only, as documented over and over,
> unless the attorney acting as prosecuting attorney has the
> fortitude to fight for their independence and are willing to put
> their careers at jeopardy.
>
>
>
> Most states attorneys are administrators and managers of their
> bureaucracies; they frequently seek to travel the paths of least
> resistance and disruption to the routine daily operations of their
> agencies which might cause them to loss cooperation of those whom
> they pragmatically or politically are dependent on if their
> agencies are to be efficient and effective. Fairness and justice
> are secondary to administrative and managerial priorities and
> bureaucratic culture. Indeed, they typically are even dependent on
> police and ex-police to do their investigations and furnish them
> with information and data, which makes them inclined to not make
> trouble vis-à-vis law enforcement; similarly, they are also
> dependent on judges and are not inclined to do anything that would
> alienate the judges.
>
>
>
> Unfortunately, it is only human propensity for individuals who
> become prosecuting attorneys as well as police officers to self
> select such positions based on their values and beliefs, attitudes,
> psychological needs among other factors; if they were not inclined
> to believe that their side is right and give the benefit of the
> doubt to those who are aligned with their values and beliefs, they
> would not have become prosecutors and cops. There often is a
> tendency for judges to presume that the prosecutors and cops are
> correct and give them the benefit of the doubt whenever a question
> arises until proven otherwise. It is rare for judges, prosecutors,
> or police officers to question the word of prosecutors and law
> enforcement personnel.
>
>
>
> From: peace-discuss-bounces at lists.chambana.net [mailto:peace-
> discuss-bounces at lists.chambana.net] On Behalf Of Belden Fields
> Sent: Sunday, February 03, 2008 3:02 PM
> To: Marti Wilkinson
> Cc: peace-discuss at anti-war.net
> Subject: Re: [Discuss] [Peace-discuss] Re: [Peace] State's Attorney
> Rietz Participates In Cover-up Of Police Brutality
>
>
>
> I have to take issue with my friend Marti's position on Julia's
> being married to a police officer. While it is a delicate issue, I
> do not think that it is sexist to argue that someone who is very
> lenient with police and corrections officers when they commit
> crimes, and is very willing to take officers' sides of a story when
> there is an arrest with force and the arrestee claims that he/she
> has been unjustifiably roughed up by police, can be more inclined
> to side with the officers because of such a relationship. I think
> that would likely be the case if a policewoman were married to a
> civilian male or if the officers were engaged in a gay or lesbian
> relationship. States attorneys make judgments about how cases of
> arrest should be handled. In that sense they are judges of first
> instance. Since states attorneys cannot recuse themselves from
> each and every case, I think it is best that there not be a spousal
> relationship between states attorneys and police officers,
> corrections officers, or trial judges. I don't think that this
> has anything to do with sexism Marti, just a natural human
> propensity to be sympathetic with the perspectives of a spouse of
> whatever gender or sexual preference.
>
> Belden
>
> On Feb 3, 2008, at 1:21 AM, Marti Wilkinson wrote:
>
>
>
>
>
> Actually Julia Rietz is married to a police officer (they have two
> children) and she has never made that aspect of her personal life a
> secret. She has even pointed out that to judge her for who she is
> married to is sexist and that is something I do agree with her on.
> As an individual Rietz is capable of standing or falling on her
> record as States Attorney.
>
> One of the reasons why Piland lost to Rietz back in 2004 was for
> his lenient handling of the Brady Smith case. He allowed Smith to
> plea bargain on charges that he molested African American boys in
> his capacity as Dean at Franklin Middle School. Smith was able to
> get probation while facing these serious charges. Pilands office
> was also accused of overcharging African Americans in this county.
> Rietz ran for office with the promises that she would change things.
>
> Now lets look at the record of Rietz. When Sgt. Meyers received a
> felony conviction for his part in torturing inmates at the
> Champaign County Jail - Rietz allowed him to plea bargain his way
> into probation. Her justification was that losing his job and
> pension was sufficient punishment for his actions. This is somewhat
> reminiscent of what went down with the Brady Smith case.
>
> Someone else recently pointed out that her office was willing to
> allow Robert Arnette the opportunity to plea bargain his way into
> probation when he faced charges of molesting his stepchildren. He
> is now facing murder charges in the death of his ex-wife Naomi.
>
> The issues with overcharging that Pilands office faced has not been
> resolved under Rietz's watch. For this and for other reasons Rietz
> is now facing some competition in the primary.
>
> My suggestion at this point is to leave her personal life out of
> the equation.
>
> Peace, Marti
>
>
>
>
>
> On Feb 2, 2008 5:57 PM, <cboland at insightbb.com> wrote:
>
> Reitz...must go. She has been using both sides of the coin for the
> longest. First to begin with her long time boyfriend is a police
> officer and a republican. She has been using the Democratic party
> as a way of power, many of us in AWARE found that out during
> campaigning for Obama as Senator a few years back. She is really a
> wolf in sheeps' clothing! Let's get rid of her as fast as possible!
>
> ----- Original Message -----
>
> From: Brian Dolinar
>
> To: announce at communitycourtwatch.org ; AWARE peace ;
> stop at iresist.org ; coalition at iresist.org ; Jenny Putman ; Matthew
> Gladney ; Matthew Gladney ; Giraldo Rosales ; Melodye Rosales ;
> Ruth Wyman ; Public i ; Aghi, Shaleen ; Austin ; Claudia Lennhoff ;
> Cope Cumpston ; Carol Spindel ; tanya parker ; andrea carter ; Erik
> S. McDuffie ; cdbenson at uiuc.edu ; Jason Finkelman ; Joe Futrelle ;
> Joe Futrelle ; Jeremy Gipson ; Stephen Hartnett ; Anna Hochhalter ;
> Jacqueline Hannah ; Patsy Howell ; Rochelle Harden ; Alfred Ivy ;
> Imani Bazzell ; Amira ; Amira Davis ; Gene Vanderport ; Germaine
> Light ; Raymond Morales ; martin smith; Chime Asonye ; Dave
> Roediger ; carl reisman ; mdp at uiuc.edu ; Jenny Barrett ;
> jrbarret at uiuc.edu ; Rory Thompson ; Jeffrey R. Thibert ; Tom
> Mackaman ; dmlarson at uiuc.edu ; Vern Fein ; Vacellia Clark ;
> briandolinar at gmail.com
>
> Sent: Wednesday, January 30, 2008 7:28 AM
>
> Subject: [Peace] State's Attorney Rietz Participates In Cover-up Of
> Police Brutality
>
>
>
> Some may remember an incident on March 30, 2007 when Champaign
> police sent 17 year-old Brian Chesley to the hospital after an
> incident in Douglass Park. The claims of police brutality were
> dismissed by local officials, and quickly dropped by the mainstream
> media, but the case remains in court. State's Attorney Julia Rietz,
> currently up for re-election, is taking Chesley to court in a trial
> that could begin in March for a misdemeanor charge of resisting a
> peace officer.
>
> Charges were filed five weeks after the incident on May 8, 2007,
> Chesley's 18th birthday, so he could be tried as an adult. The
> current prosecution by Rietz's office is clearly an attempt to
> stave off a civil suit against Champaign police for excessive use
> of force. Like the 2005 case of Sgt. Myers, a jail guard who was
> caught using a Taser to torture inmates, Rietz is once again
> placing the threat of law suits over the concerns of justice. This
> is an attempt to cover up another incident of police brutality.
>
> On March 30, at approximately 8:30 p.m., Brian Chesley was walking
> out of the Douglass Park gymnasium with two other youth, a 15 year-
> old and a 8 year-old, after playing basketball. The two older boys
> were walking the younger one home. Park programs continued until
> midnight and park signs (changed soon after) indicated the park was
> closed at 9:00 p.m. Champaign police said the park closed at dusk
> and they had probable cause to stop the youth. What happened
> afterwards is in dispute. Champaign police say Chesley youth ran.
> Chesley says he was grabbed by police, thrown up against a fence,
> beaten, and heavily pepper sprayed. An ambulance had to be called
> to take him to the hospital.
>
> This occurred the same night as a Democratic fundraiser at the
> house of Gina Jackson, Champaign city council representative of
> District 1. Local kids came to her front door that night saying
> police had just beat up somebody. The alderwoman, with other
> members of the local Democratic Party, walked down the street to
> find a crowd of frightened youth, and young Chesley sitting on the
> curb obviously in pain.
>
> Community members went to Champaign city council the following
> Tuesday night to address what they said was police brutality.
> Martel Miller, of VEYA (Visionaries Educating Youth and Adults),
> brought Chesley and his mother to the meeting and pleaded for
> something to be done. Gina Jackson (who has endorsed Rietz's re-
> election) said that there must be "zero tolerance" for youth who do
> not obey authority.
>
> Attorneys Bob Kirchner and Ruth Wyman have taken up Chesley's case
> and are currently representing him. The State's Attorney's office
> attempted to make an offer of adult diversion, which would have
> required an admission of guilt. Chesley refused the offer. The
> trial date will be set in the next hearing on March 3, 2008 at 3
> p.m. in Courtroom E.
>
> The Circuit Clerk web site clearly shows the offense date of
> 3/30/07 and charges filed 5/8/07, the 18th birthday of Chesley,
> 5/8/89:
>
> https://secure.jtsmith.com/clerk/clerk.asp
>
> ***Don't miss the debate Wednesday night, January 30, 6 p.m.***
> University of Illinois Law School Auditorium
> Alfred Ivy, III, Julia Rietz, and Janie Miller-Jones.
>
> --
>
> Brian Dolinar, Ph.D.
> 303 W. Locust St.
> Urbana, IL 61801
> briandolinar at gmail.com
>
>
>
>
>
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