Wait–Rahm’s administration may have botched another police shooting investigation

posted at 11:01 am on January 10, 2016 by Matt Vespa

This is quickly turning into the terrible, horrible, no good, very bad Chicago mayorship of Rahm Emanuel. Activists want him gone over what they see as an alleged cover-up regarding the shooting death of Laquan McDonald in October of 2014. The video dash cam was just released last November, which refutes the police report of the incident. McDonald was shot 16 times by Officer Jason Van Dyke, who has since been charged with first-degree murder. He entered a plea of not guilty. Yet, it seems that the Emanuel administration may have botched another police shooting that occurred four years ago that ended in the death of Darius Pinex. His family brought a wrongful death lawsuit against the officers involved, which they lost; a federal judge ruled that the shooting was justified. That was after a city attorney reportedly withheld a critical piece of evidence: a recording of the police dispatch from that night, which the city initially said did not exist (via WaPo) [emphasis mine]:

For four years, Officer Raoul Mosqueda offered the same account of the January night when he shot and killed a man during a traffic stop on Chicago’s South Side.

Mosqueda and his partner, Gildardo Sierra, heard over their police car radio that officers were looking for an Oldsmobile Aurora involved in a shooting. A gun could be inside the car, the dispatcher warned. They saw a similar vehicle and instructed it to pull over; then the officers approached the two men inside, guns drawn. There was a confrontation, the car backed up and began to drive away, and Mosqueda opened fire, killing driver Darius Pinex.

For four years, the evidence that could have verified or refuted that account — a recording of the dispatch from that night — was nowhere to be found. Attorneys for the city said the recording didn’t exist, even as a wrongful-death lawsuit brought by Pinex’s family went to trial.

Then, in late February, too late for attorneys for the Pinex family to adjust their case, it emerged that an attorney for the city had the recording after all but waited more than a week before telling the Pinex family. A federal jury ultimately found that Mosqueda and Sierra were justified in the shooting.

But on Monday, a federal judge ruled that the lawyer, senior attorney for the city Jordan Marsh, intentionally hid evidence that could have changed the outcome of the case. The Oldsmobile described by the dispatcher had a different temporary license plate number than the one driven by Pinex. And the dispatcher in the recording made no mention of a shooting or a gun in the vehicle — the reason Mosqueda gave for approaching the car with his gun drawn.

“After hiding that information, despite there being numerous times when the circumstances dictated he say something about it, Marsh said nothing and even made misleading statements to the Court when the issue arose,” U.S. District Judge Edmond Chang wrote, reversing the federal jury’s decision and calling for a new trial in the case brought by Pinex’s family.

The publication added that Marsh resigned hours after Judge Chang’s ruling for a new trial in the matter. Last September, the Chicago Tribune had a lengthy piece into the tragic incident, which involved police going off official channels in the aftermath of the shooting:

But as investigators combed the South Side intersection for evidence, there was confusion about the dispatch the officers said they’d heard. About an hour after the shooting, their supervisor at the scene, Sgt. Jeffrey Siwek, called an emergency dispatcher over his police radio to ask why the Aurora had been wanted, court records show.

That’s when a peculiar thing happened. Against protocol, the two moved the conversation off police public frequencies that are monitored and recorded.

“Do you want, um, do you want us to just call you? Would that be better?” asked the dispatcher, according to the records.

“Yeah, you ready for my number?” Siwek said.

With both on their private cellphones, the dispatcher and sergeant held two unrecorded conversations, according to court records. In court-ordered depositions earlier this year, both Siwek and the dispatcher, Mike Tracy, said they couldn’t remember what they spoke about that night.

The article also showed how Judge Chang came to the conclusion that Marsh was deceiving the court. For starters, he ordered a probe into how and why this part of the investigation regarding the recording was botched by bringing in Marsh, his legal team, the dispatcher, both officers in question, and all law enforcement officers (and related employees) involved in this case back for sworn depositions. The findings found that Marsh “had repeatedly deceived both [Judge] Chang and plaintiffs’ attorneys [Pinex Family] at trial about when he had learned of the Zone 6 recording [the dispatch in question].”

While not directly linked to the mayor’s office, it happened under his administration and its employees. It’s an unwelcome development that only compounds the immense political pressure that’s surrounding Mayor Emanuel, who after the McDonald shooting is facing similar allegations of a cover-up and the loss of the public trust that’s imbued the rest of the Chicago Police Department. The optics on this is horrible, and only adds to a pattern of corruption and abuse that many think already occurs within city hall.

Cross-posted at Townhall.


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Comments

…he is…. a JugEars mentor!

JugEarsButtHurt on January 10, 2016 at 11:04 AM

So what?

D.

artist on January 10, 2016 at 11:05 AM

Rahm must go.

And the Clintons and the Obamas as well.

22044 on January 10, 2016 at 11:11 AM

Rahm must die when he reaches 75 years of age…according to his brother Dr. Zeke Emanuel Mengele.

22044 on January 10, 2016 at 11:12 AM

All those crisis’ were not wasted as per Rahms instruction. He uses tragedy to empower himself in some fashion. It’s the Chicago way.

Rahm’s administration may have botched another police shooting investigation

Again, Rahm doesn’t “botch” anything. Everything that happens, happens according to plan.

HotAirian on January 10, 2016 at 11:12 AM

“pattern of corruption and abuse that many think already occurs within city hall”

All fixed !

pilsener on January 10, 2016 at 11:13 AM

Trump would be smart to incorporate prosecuting corrupt politicians as part of his platform.

Flange on January 10, 2016 at 11:14 AM

I practiced law for 20 years in Chicago, in both State and Federal courts.

My periodic dealings with the city and county were like this (but not to this extreme) in that they *really* didn’t like anyone questioning anything they did.

However, to see a lawyer do this hurts my belly. Most lawyers I knew in my practice were honorable and honest, and although I didn’t like every judge’s ruling, I always felt like they considered my client’s position. I hate to see my profession turn into this.

And yes, I left the city two years ago and moved to the mountains. Haven’t set foot in the city I grew up in since.

Lance Corvette on January 10, 2016 at 11:20 AM

Rahm doesn’t “botch” anything. Everything that happens, happens according to plan.

It wasn’t a very good plan. I still want to know where the stampede of reporters are who should be running to get Hillary and Bernie to weigh in on this the way every GOP candidate has to condemn any Republican caught doing something naughty. Bernie might go after him, but Hillary couldn’t afford to. Rahm knows where all the bodies are buried, at least figuratively if not literally.

Jazz Shaw on January 10, 2016 at 11:24 AM

Trump would be smart to incorporate prosecuting corrupt politicians as part of his platform.

Flange on January 10, 2016 at 11:14 AM

He (Trump) and we should demand the death penalty for corrupt politicians, starting with any politician that votes against the death penalty for corrupt politicians.

Andy__B on January 10, 2016 at 11:25 AM

The publication added that Marsh resigned hours after Judge Chang’s ruling for a new trial in the matter.

I know holding politicians and government employees responsible for anything these days is passe, but someone please tell me Jordan Marsh is sitting in a jail cell somewhere waiting to be arraigned.

antipc on January 10, 2016 at 11:26 AM

It wasn’t a very good plan

Jazz Shaw on January 10, 2016 at 11:24 AM

Par for the course? They are Dems after all. All their plans suck. They are only able to get away with what they do because they are enabled by a multitude of fools and the leftist media.

HotAirian on January 10, 2016 at 11:41 AM

Here’s the best part, and by best, I mean saddest. Even if Rahm were to resign, they’d only replace him with someone further to the left, like Chuy Garcia who’s as Communist or more than NY’s Bill Deblasio.

This is why the long-term outlook for the US is bad; cities like Chicago aren’t the past, they’re the future. They have increasing concentrations of immigrants, particularly from Latin America and other culture origins that have absolutely no history of limited, transparent government. So, they gravitate towards the socialist and communist dictators they grew up with.

They see a corrupt, tyrannical leader like Rahm and they think the remedy is someone who’s even more corrupt, more tyrannical. Rinse repeat. Before too long, you’re living in Cuba or Venezuela.

Atlantian on January 10, 2016 at 11:42 AM

As H.L. Mencken said: you deserve the government you elect, good and hard. Dem on Dem action, pass the popcorn, these folks are getting exactly what they voted for, even the dead ones.

skanter on January 10, 2016 at 11:45 AM

For four years, the evidence that could have verified or refuted that account — a recording of the dispatch from that night — was nowhere to be found. Attorneys for the city said the recording didn’t exist, even as a wrongful-death lawsuit brought by Pinex’s family went to trial.

So, a recording didn’t exist.

They could have supplied a copy of the dispatchers call activity sheet. Everything that is said on a dispatch call is also typed into an application that can produce reports, tons and pages of paper report.

I get a stack of these weekly at the newspaper office from our local command center.

There are records. This is so much bullshit.

Walter L. Newton on January 10, 2016 at 11:47 AM

Wouldn’t be more appropriate to say they botched the cover up?

Flange on January 10, 2016 at 11:49 AM

Rahm doesn’t “botch” anything. Everything that happens, happens according to plan.

It wasn’t a very good plan. I still want to know where the stampede of reporters are who should be running to get Hillary and Bernie to weigh in on this the way every GOP candidate has to condemn any Republican caught doing something naughty. Bernie might go after him, but Hillary couldn’t afford to. Rahm knows where all the bodies are buried, at least figuratively if not literally.

Jazz Shaw on January 10, 2016 at 11:24 AM

Love ya Jazz, but you really got to work on your snark. Marxists never snitch on their own. They never ever lead any charge that might expose Marxism or fellow Marxist in a unfavorable light. Their ideology and advancing it are more important than anything short of their own lives.

oscarwilde on January 10, 2016 at 11:52 AM

There are records. This is so much bullshit.

Walter L. Newton on January 10, 2016 at 11:47 AM

I think you missed the part where they said this was in Chicago.

Lance Corvette on January 10, 2016 at 11:54 AM

Ah,the good old days are gone. At least Capone paid for soup kitchens when he ran Chicago. That’s one reason you didn’t hear much about scandals then.

docflash on January 10, 2016 at 12:02 PM

Protect and serve. Right.

xNavigator on January 10, 2016 at 12:03 PM

Protect and serve. Right.

xNavigator on January 10, 2016 at 12:03 PM

Oh, do not get that part messed up. they most assuredly are protecting and serving. Just not who most people think they are protecting and serving.

Here’s a clue for you… It isn’t the common subject of the United States Federal Government.

oscarwilde on January 10, 2016 at 12:06 PM

Oh, do not get that part messed up.

oscarwilde on January 10, 2016 at 12:06 PM

Believe me, I am well aware. Hopefully more and more people will become aware as well.

xNavigator on January 10, 2016 at 12:10 PM

Damn. I hate to say it, but with the amount of corruption coming out of just Sh!tcago lately, I’m beginning to seriously reconsider my loathing of the BLM movement.

While they have definitely picked the absolute wrong Poster Boys, I’m really questioning whether the underlying premise is correct after all.

On the bright side – love to see how all this crap happens in Blue areas.

smokeyblonde on January 10, 2016 at 12:13 PM

What does Jazz have to say about these kinds of coverups? If police are 99% honest, how do these coverups keep happening? Where are the honest guys when it’s time to tell the truth about one of these incidents? Apparently nowhere.

Kohath on January 10, 2016 at 12:17 PM

There seems to have been an agreement or kind of criminal partnership between the gangs, their victims, the police and the city. As long as the city pays out to the victims’ families, all is well in Chicago. Apparently, this agreement is now being questioned.

Everyone is corrupt.

Fallon on January 10, 2016 at 12:19 PM

Oh, wait, that is the definition of a conspiracy.

Fallon on January 10, 2016 at 12:20 PM

The best argument against Big Government is the actions of those who advocate for Big Government.

rbj on January 10, 2016 at 12:20 PM

I’d love to see a movement to break off these big blue cities into their own city-states.

In that whole laboratory-of-government style of thing, our urban elitists should be *delighted* to shuck off those bitter-clinging rural citizen types, who- according to an oft repeated donkey talking point- are gifted with most of the government largess, like military bases, military contractors, Social Security recipients welfare benefits to snaggle-toothed sister-marrying down state hicks.

Dolce Far Niente on January 10, 2016 at 12:44 PM

What does Jazz have to say about these kinds of coverups?

I’ve never said there were no bad cops. There are some. Chicago and New Orleans have both been famous for them. But we’re talking about a few dozen even when you run across a cluster. There are more than 1.1 million law enforcement officers in the US.

Jazz Shaw on January 10, 2016 at 12:58 PM

Chicago is so corrupt it’s almost funny. Rahm sat_on/covered_up multiple incidents because of his election. Everyone knows it. It’s not disputed by anyone -left right – who has any knowledge of Chicago.

But there are no riots. He will outlast the controversy. And he will probably win the black vote next election – if he runs. All their pols are owned by Rahm. There will be no credible not-Daley machine candidate. Some homeless guy with a domestic violence record will run as the Republican.

And the tax paying sheeple in the city will mutter about crime, huge taxes, pot holes and parking meters to themselves as if they have no power at all – and they don’t. At least LA can elect an R. At least NJ sends people to prison. At least Detroit … scratch that – Detroit is the worst.

BoxHead1 on January 10, 2016 at 1:51 PM

But we’re talking about a few dozen even when you run across a cluster. There are more than 1.1 million law enforcement officers in the US.

It sure seems to be easy to find a few guys who will back up a false story or keep quiet about the truth.

I understand there’s a lot of social pressure to stick together. But if most of the police were inclined to put honesty equal to supporting the team, then there would be social pressure on the guy who pulled the trigger to tell the truth instead of dragging everyone else into a conspiracy.

We should all just admit that the police are regular guys, like everyone else. They’ll tell the truth or hide the truth like any other group of people. They don’t deserve the benefit of the doubt any more than anyone else in society. They’re going to make the same mistakes anyone might make.

And then we should adjust policies to protect the public from those mistakes. When there’s a possible mistake, don’t do a pro-police investigation (with the officer getting the benefit of the doubt) or an anti-police investigation, appoint an independent investigator to find the facts. Get the unions out of the process — if alleged criminals (a.k.a. members of the public) don’t get a special union process, then police shouldn’t either. Change tactics to favor keeping everyone safe, including “suspects”, even if it sometimes leads to a suspect escaping. Treat the police like what they are: armed government enforcers — they should have a very limited role in a free society.

Kohath on January 10, 2016 at 1:57 PM

I’ve never said there were no bad cops. There are some. Chicago and New Orleans have both been famous for them. But we’re talking about a few dozen even when you run across a cluster. There are more than 1.1 million law enforcement officers in the US.

Jazz Shaw on January 10, 2016 at 12:58 PM

With all due respect Jazz, there isn’t a city in America with a population over 50,000 that has not had a police corruption scandal. 1% of 1 million is 10,000, and I guarantee you there are way more than 10,000 corrupt law enforcement officers in America.

oscarwilde on January 10, 2016 at 2:14 PM

We should all just admit that the police are regular guys, like everyone else. They’ll tell the truth or hide the truth like any other group of people. They don’t deserve the benefit of the doubt any more than anyone else in society. They’re going to make the same mistakes anyone might make.

Kohath on January 10, 2016 at 1:57 PM

That is one of the most difficult things to explain to those with statist inclinations.

oscarwilde on January 10, 2016 at 2:16 PM

That’s when a peculiar thing happened. Against protocol, the two moved the conversation off police public frequencies that are monitored and recorded.

“Do you want, um, do you want us to just call you? Would that be better?” asked the dispatcher, according to the records.

“Yeah, you ready for my number?” Siwek said.

It’s too bad that the federal government doesn’t have a massive operation that vacuums up every phone call and then those phone calls can be retrieved with a court order. They could call it the NSA for National Security Agency.

RJL on January 10, 2016 at 2:44 PM

I get that evidence was withheld. I get that had this evidence been produced the shooting might not have been ruled as justified. What I don’t get is why there is always ‘a confrontation’ and the detainee decides he can just take off during a police stop instead of just slowly showing his hands and not making any moves which could be construed as dangerous to officer safety.

Yes, cops can be corrupt. They can be improperly trained or ill suited for their job. But if you distrust the cops so much, how could you possibly think you’ll have a better chance of them not shooting you if you try to flee? Assuming, of course, that Mr. Pinex was in fact an otherwise squeaky-clean individual.

James on January 10, 2016 at 4:53 PM

Bernie might go after him, but Hillary couldn’t afford to. Rahm knows where all the bodies are buried, at least figuratively if not literally.

Jazz Shaw on January 10, 2016 at 11:24 AM

He still has the shovels.

Patriot Vet on January 10, 2016 at 5:09 PM

But..but..but Chicago is a Democratic Workers Paradise.

GarandFan on January 10, 2016 at 6:34 PM

Botched? Botched?!

I think they did exactly what they were intending to do.

PackerBronco on January 10, 2016 at 10:27 PM

oscarwilde on January 10, 2016 at 2:14 PM

The question: Corrupt? Or trying to do the right thing via corruption?

smokeyblonde on January 11, 2016 at 12:12 AM

News Flash! Chicago cops are corrupt!

Go figure.

earlgrey on January 11, 2016 at 10:01 AM

If this kind of thing never happened, I wouldn’t feel such a strong need to defend the 2nd Amendment.

But stuff like this convinces me that there is no limit to what corrupt politicians, lawyers, and law enforcement will do to innocent people if there is nothing to hold them in check.

And I am convinced that law is not enough. They are too good at manipulating it, corrupting it, and bypassing it. Part of the force that does hold them in check, is an armed populace.

If the gun control crowd could ever root out all the corruption, and keep it out, then maybe the 2nd Amendment would not be needed anymore. But it ain’t gonna happen.

s1im on January 11, 2016 at 2:12 PM