Earlier Thursday morning an apparent murder-suicide occurred in Harvard. Read the some of the details in the Northwest Herald.
Did the McHenry County court system fail Jackie Flores, 17? From the media reports, it appears that Miguel Andrade, 19, shot her and then killed himself.
Court records indicate that on January 13 Andrade allegedly committed crimes of assault, battery, electronic harassment, and endangered the life of their child. Charges were filed on January 18.
On February 6 his case was continued.
On February 23 his case was continued.
On March 27 his case was continued.
On April 24 his case was continued.
On May 8 his case was continued and a warrant issued.
On June 19 his case was continued.
On July 16 there was a status date on his warrant. That date continues to be shown on the court calendar, but without action.
No defense attorney is shown in court records for Case No. 13CM000144.
Here's what should have happened. On February 6, at his very first court date, Judge Beaderstadt should have told him to plead. If Andrade didn't, Beaderstadt should have entered a Not Guilty plea and told Andrade to get an attorney.
On February 23 Judge Beaderstadt should have asked Andrade who his attorney was. If he didn't have one, the judge should have appointed a public defender and told Andrade to get his own attorney, if he didn't want the public defender to represent him. The judge should have set the case for trial on March 27.
Why didn't Harvard Police or the McHenry County Sheriff's Department pick up Andrade after a warrant was issue on May 8?
How many more cases are there in McHenry County courtrooms with the high possibility for violence?
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7 comments:
YES! The McHenry County court system did fail. Look at what you pay for in traffic court. They rip you off with fees that do not pertain to the traffic laws. Imagine what fees you get on other cases. It appears to me there was NO MONEY for the court system in this case... So they let it drag on. Now who has paid the ultimate price! Be proud of our McHenry County court system... Bull Crap! I have lost respect for them and the sheriffs department. TO SERVE and PROTECT... PROTECT WHO? It protects them and to hell with us! Thats what I FEEL and SEE.
Thank you Gus, for doing the homework on this outrageous crime. The McHenry County legal system should be ashamed of itself. These deaths were easily preventable by the actions you described or something similar in order to protect the mother and child from this man, who was clearly demonstrating dangerous and erratic behavior. I was absolutely floored when I read this in today's paper.
Your premise that not having a lawyer resulted in unnecessary defendant continuances may not have been the cause of the delay.
Defendants with lawyers seem to be able to game the system too. There is a real problem getting justice in McHenry County concerning domestic violence, I believe.
Consider case 12CF000782, CF stands for criminal felony.
"CRIM TRESPASS TO RESIDENCE-PERSONS PRESENT, CLASS 4 FELONY" with 2 misdemeanor Domestic Battery/bodily harm charges and 1 misdemeanor interference in reporting Domestic Violence.
The crime was alleged to have occurred on 6/22/12. Original arraignment was 8/29/12 and there have been 8 defendant's motion for continuance granted. The most recent trial date was supposed to be today. As of my posting this the status had not updated.
Why all the continuances? George Zimmerman's trial from arrest to trail took 15 months, and that was for 2nd Degree murder, a far more serious crime.
The attorney of record is "COWLIN NAUGHTON CURRAN & COPPEDGE," This is in Judge Prather's court.
If Judge Prather continued the case again this morning, it will have been 1 year since arraignment, 14 months after the alleged crime occurred.
For the presumed victims of this alleged crime, justice is a long time coming.
William Gladstone, a Brit put it this way. "Justice Delayed is Justice Denied."
For Jackie Flores, justice is denied - forever.
Gus,this very,very common in courts throughout northern Illinois. There is absolutely nothing unusual about the number of continuances granted in this case.
Big Daddy, I have been observing court cases in McHenry County for five years and I agree.
The judges can control this by requiring lawyers to explain 1) why they want a continuance (specifically) and 2) whether they have accomplished what they said they would during the previous continuance. And, if not, why not?
Frequently, lawyers complain to the judge that "the other side" has not complied with, for example, Discovery requests. And then the judge gives another 30 days. Why not seven days? The other side already had 30 days.
There is nothing magical about "30" days. Only that it has become a habit.
Gus,you have to remember that judges and lawyers are members if the same club. Thats why attorneys get what they want. Plus,that rating by the bar association.......
'GOOD OLD BOY' system. So to you want an attorney to be the Sheriff?
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