[Peace] Sentencing of Brian Chesley

[Brian Dolinar]

*Sentencing of Brian Chesley *
By Brian Dolinar

Upon the recommendation of Assistant State's Attorney Rob Scales, Judge John
R. Kennedy agreed to a sentence of 100 hours community service for Brian
Chesley. Chesley was convicted by an all-white jury of obstructing and
resisting a peace officer. On March 30, 2007, he was stopped by Champaign in
Frederick Douglass Park after leaving the gymnasium, attacked by three
officers, pepper sprayed, and sent to the hospital.

At the hearing Friday morning, May 9, 2008, Chesley's Attorneys Bob Kirchner
and Ruth Wyman submitted a post-trial motion to overturn the guilty verdict.
Among several errors cited, they questioned the basis of the stop, claiming
that Champaign police officer Andre Davis was not authorized to stop
Chesley, and that doing so was "selective enforcement of the law."

Prosecutor Scales said that Davis did have a "reasonable and articulable
suspicion" to stop Chesley because the park was closed at dusk. He said that
by Defense Attorney Wyman's explanation, officers could not stop anybody. He
gave the example that if police saw someone breaking a car window, they
could not question that individual whether the car was theirs or not.

Scales also said there was no evidence that Chesley was stopped solely
because he was African American. If the judge ruled that it was, it would
mean officers could never stop individuals in African American neighborhoods
because it could be a result of race.

Of course, Chesley was not breaking any car windows that night, but simply
walking his eight year-old friend home after playing basketball. Most
likely, he would not have faced this situation if he was a white youth
walking in a white neighborhood.

Judge Kennedy, who throughout the trial proceedings had shot down almost all
of the defense's challenges, denied the post-trial motion.

During sentencing, Brian Chesley's mother testified to her son's good
character, and Chesley himself gave a statement. He was given 100 hours
community service, which has to be completed in ten months, and has to pay
court fines.

Attorney Kirchner says he plans to appeal the case.

For a full account of the trial see "Three Cops Versus An Entire Community"
at:
http://www.ucimc.org/node/2743

Let Patrick Go!

Don't forget the third trial of Patrick Thompson begins
Monday, May 12, at 1:30 pm in Courtroom A.
-- 
Brian Dolinar, Ph.D.
303 W. Locust St.
Urbana, IL 61801
briandolinar at gmail.com
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