Thursday, March 11, 2010

Woodstock Court - busy, busy, busy

Woodstock's Administrative Adjudication Court was bursting at its seams this morning, with a docket that was four full pages long.

There was quite a mix of cases this month, as Woodstock officers began to feed a larger variety of cases into this court, instead of sending them over to the McHenry County Circuit Court. Keeping the cases at home means all the money from fines and court costs stays here - a good deal for Woodstock.

Not everyone was found liable ("liable" is the word for "guilty" in this Court). Judge Eterno explains the difference at the beginning of each court session.

What usually happens is that the City's prosecuting attorney, Kevin Chrzanowski, plays Let's Make A Deal with each defendant, which substantially shortens the length of the court session. When the defendant's case is called, Kevin tells the judge what the city's "druthers" are, and that's it. We in the court don't get to hear all the dirty details.

For example, Judge Eterno called one case involving a Woodstock High School student on a Disorderly Conduct charge. Judge Eterno was about the read the officer's notes aloud and asked the student if he wanted the judge to read the charges in the courtroom. The kid shrugged his shoulders and said he didn't care. Then the judge asked the kid's mother, and she said that she preferred the dirty details not be read aloud. It apparently had something to do with an online message on a school computer. I was sitting on the edge of the bench, waiting for the juicy details, when the City's attorney told the judge that the City wanted to dismiss the charge.

Three teen-age girls were in court today on drug paraphernalia charges, and the judge gave the first one a real break. The City's attorney worked out a "negotiated plea" for the girl to plead "liable" on the cannabis charge and for two other charges to be dropped. The judge called all the parties up to the bench for a quiet conversation that could not be heard in the courtroom. When the case resumed for the public, the girl pled "liable" on the paraphernalia charge, and the cannabis charge and one vehicle equipment ticket were dropped. A very good deal for the girl and it probably took just a little of the sting out of the $200 fine (plus court costs).

Dan Regna was there to represent two clients. One client was a Crystal Lake police officer who lives in Woodstock. His neighbor has been bothered by loud music through the townhouse walls for several months. The City attorney scored a few good points (in my book), especially when he inquired about the size of the speakers for the music system. "About this high," responded the cop, holding his hand about three feet above the floor. But Regna talked on and on and on, even after the judge slowed him down a couple of time. The judge called it 50-50 and so the cop was found "not liable."

Cases are decided by a preponderance of the evidence; i.e., 51% is good enough for a guilty (liable). It seemed to me that Dan piled on so many words and arguments that the preponderance weighed enough to balance the scales of justice at 50-50. Loud music is a tough one to prove in a quiet courtroom.

A ten-minute recess dragged out to 30+ minutes this morning, wasting the time of many people in the courtroom while Chrzanowski worked out deals with defendants. In my opinion, court should have resumed after ten minutes. Let the late arrivals wait to work out their deals next time.

No defendant fought his tobacco-sale ticket, when he got caught in the sting by the Woodstock PD last month. And so the four minors used by the cops to set up the merchant did not have to appear in court. My guess is that none of the minors looked too young to buy. While it's the obligation of the clerk not to sell to minors, when the cops send in minors at a busy time like 4:30PM, a harried clerk might overlook asking for ID from a person who clearly looks older than 18. It was an expensive decision for each of the three: $150 plus court courts.

A minimum-wage clerk has to work one-half of a work week just to pay the fine and court costs. I've written elsewhere about my opinion of cops breaking laws to enforce laws.

5 comments:

Franker said...

GUS! You were doing so well! I was very informed by your article until you get to the speculation of what the minors may have looked like. There is protocal as to how the children must look. They are not allowed to look unreasonably older than their real age. That means they can't wear makeup, clothing, or facial hair that ages their appearence. Also, it does not depend what time the minors entered the store. It is not legal to sell a minor tobacco. PERIOD The clerks messed up by not checking ID. LETS MOVE ON!!! So how many defendants will you be sticking up for next time? Or driving home from the court???

Anonymous said...

F that. Call it what it is... CHA-CHING... registers ringing for the County! Well, not for the tax-paying citizens, but for the Politicos!!!! Doh!

Gus said...

TMD, do you even know what the Admin. Adjudication Court in Woodstock is?

Anonymous said...

Sort of... minor crimes/violations/torts of such. But it is what it is... COURT. And fines, remediation, and jail are handed out.
Sorry, I haven't had my daily servings of beer today, so I know my last couple of posts rubbed ya the wrong way.
BTW- I wish Zane would have won... but he didnt, and nobody remembers who took "2nd place".
Doh.

Gus said...

Psst, buddy. Spare a dime for a beer?

Will have to meet you within walking distance, tho'. No way I'm going to drink even one beer and drive in Woodstock. Can you imagine the heyday around here, if they even smelled beer on the breath of the driver of the car behind me?