In the immediate wake of her 2013 death, the story of 15-year-old Hadiya Pendleton became a centerpiece of then-President Barack Obama’s anti-crime agenda. The murder trial is now scheduled to begin on April 30, 2018, over five years after Ms. Pendleton was apparently the innocent victim of a gang war.
According to prosecutors, Michael Ward opened fire on a group of teens, believing that they belonged to a rival gang. Authorities also charged Kenneth Williams, who was driving the car, with murder. After an hours-long interrogation which his lawyer has tried to throw out, Mr. Ward allegedly confessed to the crime. Subsequently, two key witnesses recanted their testimony, causing a delay in the proceedings.
In the years following the shooting, Ms. Pendleton’s mother became a sought-after speaker on the subject of gun violence and her father opened a restaurant on the third anniversary of her death.
Delay in an Illinois Criminal Case
There is an old saying among Chicago criminal defense attorneys, which has probably been repeated in this space, that the person who coined the saying “Justice delayed is justice denied” was clearly not a criminal defense lawyer. Prosecutors like to move quickly, while memories are still fresh and complaining witnesses are still engaged in the case. Time erodes both these key components of a criminal prosecution.
The more witnesses tell the same story, whether formally in court or informally to their friends, the less genuine the story becomes. The “juicy” parts of the story get emphasized so much that they become much more significant, while other details are minimized and eventually forgotten.
Non-police witnesses are essential in many cases, such as DUI collision cases. These matters usually require another witness to “wheel” the defendant because by the time emergency responders arrive, the defendant was probably no longer in the driver’s seat. The more time passes, the less these witnesses care about the case.
Criminal Procedure in Chicago
Attorneys do not, and should not, drag their feet just to delay the case. There is simply so much happening behind the scenes that sometimes things move slowly, and a good defense attorney is never in a hurry.
Many times, plea negotiations last at least several months. In addition to the offers and counteroffers between the attorneys, prosecutors usually like to get feedback from victims before they accept or reject a proposed plea bargain arrangement.
Illinois criminal court motions are usually time-consuming as well. For example, a Section 114-1 motion to dismiss may rely on one of eleven flaws in the procedural case, including:
- Issues with the indicting Grand Jury,
- Witness competency,
- Technical defect in the charging documents, and
- Expiration of the statute of limitations.
Other motions, such as a motion to recuse the judge or a motion to reduce the charges, often get filed, as well. Even if the motion does not convince the judge to throw out the case, the prosecutor often has to go back to the beginning and start over. Since that delays the prosecution, the effect is almost the same.
Contact Aggressive Lawyers
Delay is usually one of the best defenses in criminal cases. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Makayla Ostapa)