C'ville Monkey Case - Round 1

The court process began this morning in Carpentersville in the case of Carpentersville vs. Linda Ramirez Sliwinski, who is accused of Disorderly Conduct. This case started when Ms. Sliwinski allegedly told children of a neighbor to stop climbing in a tree and to stop acting like monkeys. The problem? According to other reports, the children are black.

Because Ms. Sliwinski is an elected Trustee of the Village of Carpentersville, the Village retained special counsel to handle the case.

Fortunately for all involved, the case was the first called this morning by Judge Susan Clancy Boles. Ms. Sliwinski, Gabe Fuentes (her attorney from the Chicago law firm of Jenner & Block), and the special prosecutor approached the bench.

Due to noise in the courtroom, which will be addressed later in a separate article, it was difficult to hear the proceedings. Mr. Fuentes informed Judge Bowles that he will file a motion to dismiss the case, and the judge assigned the due date of May 28, by which the motion is to be filed. The attorney for the Village has thirty (30) days to respond, and then the judge will consider the Motion.

The next court date is July 23, 10:00AM, at which Judge Bowles will announce her decision on the Motion to Dismiss. If she dismisses the case, then it's all over. If she doesn't, then a new court date will be set.

The issue in this case is the First Amendment right to free speech. Protected speech cannot be criminally prosecuted. So, if I call you a jerk, you might be offended; you might be upset; you might get mad. But I have not committed a criminal act.

Ms. Sliwinski has taken the high road (and also the smart road) by remaining silent. This case will play out in court. You may have heard these words before: "You have the right to remain silent."

If you ever do hear these words (for example, from a police officer speaking directly to you), then you had better zip your lips - no matter what. Because what will follow is, "Everything you say can and will be used against you in a court of law." And so it will. Nobody is kidding about that.

So, if you don't want something used against you in a court of law, then shut up! Yes, you have to identify yourself. If you were in the military, you know the "name, rank and serial number" bit. And that's all. Name, address and date-of-birth, and then shut up! Assert your right to an attorney, and then be guided by the legal advice you receive from your own attorney.

The Complainant in this case could not be identified in the courtroom this morning. Was she there? She certainly had no obligation to be there; however, if I had charged someone with Disorderly Conduct, you could be your bottom dollar that I would be at every court appearance involving my case.

What should happen in this case? The Village of Carpentersville should "see the light", recognize that Carpentersville, Illinois, is in the United States of America and that freedom of speech is still a right in the U.S.A., and drop the case. Can it do that? Of course.

Will it do that? Well, I suspect it gets sticky for them, because someone will raise his head and scream "favoritism", since the accused happens to be a Trustee of the Village. Can Carpentersville make an appropriate decision without wasting the valuable resources of its community? Only time will tell.

© 2008 GUS PHILPOTT