Showing posts with label criminal court. Show all posts
Showing posts with label criminal court. Show all posts

Friday, August 15, 2008

A trip to City Hall, another day in court, and a ride on the Brown Line

by Michael Dymmoch

Actually it was a trip to the Cook County side of the building, but City Hall is more melodic and has more of the associations I’m trying to evoke—Don Quixote and his windmills. I had to fill out a form for the Cook County Assessor, and I decided that going there would be less frustrating—or at least more interesting—than trying to get through the telephone maze. So I hopped on the El.

Where I observed that chivalry is not dead—yet. At the Washington & Wells stop, a twenty-something gentleman offered to help a young woman with her suitcase. Unfortunately, she was too busy yakking on her cell to notice. I wonder how many repetitions it will take to completely extinguish the young man’s generous impulses.

At the county building I had to take a number, but it was only five above the number being served. So I got to watch people, but not long enough to get tired of the sport. I spotted a cute man in his late teens lending moral support to his mother. His Tee-shirt said “I’d Do Me.” When my number got called, I was astonished to be helped by a pleasant, patient, super-competent woman who had me in and out in 15 minutes!

It was hard to hear what was going on in court yesterday. A large contingent of friends/family members of three accused murderers was in court to lend the defendants support. While the visitors were waiting for the case to be called, they carried on as if they were waiting at a bus stop, conversing loudly. (Easy to see that the defendants might be guilty of the ultimate breach of rules. And why.) The deputy who usually evicts children and confiscates cell phones was absent, and his replacement was a lazy-ass wuss who just glanced at the noisys and went back to doing essentially nothing. Nobody said anything about the breach of rules and etiquette until a cell phone went off and the judge threw the offender out. People who first come to court notice these things, but they don’t speak up. Maybe it’s just the way things are done. And who is a visitor to comment? By the time you’ve been around long enough to know what’s out of line, you’ve been worn down into accepting the status quo— the problem is just too big to tackle.

When I was a kid, I didn’t get why old people were so cranky—always telling us to be quiet, be respectful. Now I’m old. I get it. Most rules were made for good reasons. Old people’s impatience is because they don’t have the energy or time to deal with rule-breakers—to tune out the dissonance they cause, or to convince them to be civil. Most of us old fogies save our effort for fights we might win.

Last night I took the Brown line to Lincoln Square to attend Marcus Sakey’s launch party for Good People at The Book Cellar. (Marcus’s friends, family and fellow writers showed up—including Judy Bobalik from Indiana, and New Yorkers Rosanne and Reed Farrel Coleman. Marcus is a class act, and the party was terrific.) I got a kick out of the El trip, too.

There were three twenty-something couples waiting at the Merchandise Mart stop. Couple number 1 appeared to be casual friends—fellow students or coworkers. They conversed in a relaxed, friendly manner until the train came, then got lost in the ingress. Couple number 2 was more interesting. Both were fashion model gorgeous. The woman, in flared jeans and double tank tops, was slim and blond and clinging to her companion like a teen in the throws of romance. He looked like he was posing for a GQ ad. He didn’t push the girl away, but he never took his hands off his hips. And he seemed to more interested in being seen than in looking at her. When the train came, they stalked down the platform in search of a sparsely populated car. The third couple embraced briefly when they arrived on the platform, then stood close enough to one another to make it obvious they were together. The woman was apparently more comfortable with this than the man, but he sure didn’t act as if intimacy was a burden. I didn’t have the nerve to go up to any of them to ask what they were thinking. So I’ll do what most writers do—make up a story.

Tuesday, January 08, 2008

Quod Erat Demonstrandum, Baby

By Kevin Guilfoile

I'm sure you don't know this but The Outfit has a Caribbean doppleganger, a French-language blogger who has been covering the Hans Peterson case from paradise climes with nearly as much diligence as us, albeit with a little less discretion and a lot more flair.

More on him in a moment.

The case is back in the news as a team of French prosecutors, judges, and police officers will arrive in Chicago on Monday to begin their investigation into the murder of Chicago dermatologist Dr. David Cornbleet. They will be interviewing witnesses, detectives, and the family of the victim, and they might visit the Michigan Avenue office in which Dr. Cornbleet was murdered.

(If you're unfamiliar with this bizarre case, in which a former patient of Dr. Cornbleet confessed to his brutal murder but not before fleeing to the Caribbean where he now waits, in a web of complicated extradition laws, for trial in a French court, start at the bottom and read up. I promise you won't be bored.)

Thanks to a legal system that must be the envy of our current administration, Hans Peterson has not been charged with a crime and yet has been sitting in a Guadeloupe prison since his confession last August. Presumably this legal junket to the states will finally lead to murder charges which will then be prosecuted under the French inquisitorial system in an island court.

Unlike our adversarial system, in which the prosecution and defense would duel over his fate before judge and jury, the investigation, trial, and sentencing of Hans Peterson will all be directed by a judge. At trial, representatives for the prosecution, defense, and even the victim will be allowed to make suggestions, but it will ultimately be the judge who interviews witnesses, the judge who weighs the evidence, the judge who renders a verdict, and the judge who issues the sentence.

Prosecutors in Guadeloupe have assured the Cornbleet family that justice will be served in a French court, and I have no reason to doubt the sincerity of their public service. I assume they will seek a thorough investigation and a fair trial. Jon Cornbleet, the son of the victim, recently told the Sun-Times what message he hopes to communicate to the judge:

"I want to explain to them that everybody is upset about this,'' Cornbleet said. "I want to explain to them that this is a huge national case that everybody has their eyes on. I don't think they understand what it has done to my family.''

This might be a message that will be well-received. France is fairly sensitive to victims' rights, even requiring in some cases that the state compensate victims financially when the the offender is unable to.

Of course the Cornbleets have never asked for compensation, as far as I know. I think what Jon Cornbleet would like the French government to know is that the world is watching this case. Or, if not the world, CNN, Inside Edition, Dateline NBC, the United States Senate, the US State Department. And of course, The Outfit. And also Jabiru.

Jabiru is Gilbert Blum, the aforementioned blogger and a St. Martin journalist operating under the auspices of Le Monde who has taken an interest in this case. Apparently he has received much of his information from the local detectives who took Peterson's confession, as well as the attorney who will represent him at trial.

Months ago we reported that Peterson had carried a blowtorch with him on the night of the murder with the intention of cutting off Dr. Cornbleet's hands and feet and then cauterizing the wounds, keeping the physician alive while he suffered. Jabiru goes into far more detail (even if the awkward translation sometimes makes the depiction more lurid):

To carry out his demented mutilation operation, he buys a small blowtorch with gas cartridges, special pliers to “slash the dermatologist with”, a hacksaw, some rope, plus his knife… before the fateful appointment of 24 October 2006. Faced with Dr. Cornbleet, he uses as an excuse a blemish on his buttock and the consultation takes place normally.

Then, as he was about to leave empty-handed, he pretends to the dermatologist that he also has a blemish on his leg to show him. And then the cold-blooded attack begins, releasing a drive to kill pent up since April 2002.

His diabolical delirium (a Dibbuk, as Dr. David Cornbleet’s Ashkenazi ancestors used to say) materialized in the persecution feeling which has been haunting him, eating at him inside his body and soul for the past four years. But in a broken up family context, he does not talk about it. Therefore there is no outside critical mind that could go against the negative deviance of his intimate thoughts. No meeting, no advice, no feed-back from his father, his mother or his sister Stephanie.

He feels perfectly normal and totally logical to punish his persecutor by slashing at his hands and feet so that he may no longer carry out his profession. A fiendish plan, including cauterizing the wounds with the blowtorch!

Under the threat of torture, the physician defended himself, hitting the aggressor with the knife. Then he becomes relentless, with no visible emotion, until he finally finishes him off with the thrust of the knife in the heart of his executioner having become an expiatory victim until his last breath. Leaving the office with warm blood stains, he told someone there to call for an ambulance quickly. On exiting the building, he conceals his face in front of the video cameras.


We might be seeing the first glimpses of Peterson's defense here. I'm not sure if this comes from Peterson's statement or from his attorney but this is the first suggestion I've seen, however improbable, that he did not intend to kill Dr. Cornbleet that day:

His main goal – four years after the first consultation – was not (he said) the death of his executioner, only mutilation… Of course, for all his patients David Cornbleet is everything but an executioner. But Hans is locked within the delirium of his paranoid delusion, controlled by the injustice he feels as a victim.


Much has been made about the effect that the drug Accutane might have had on Hans Peterson, even after only two doses. Peterson's father, also a physician, has gone so far as to say that it was the cause of his son's psychosis. Perhaps the most interesting implication in Jabiru's posts (and in his comments here at The Outfit as well) is the possibility that the defense will include the suggestion that Hans has Asperger's Syndrome.

For the court attorney in Guadeloupe, the burden of defending Hans Peterson is heavy and somewhat tricky. The first trips to the visiting room in the Basse-Terre jail look more like short progressive taming sessions.

The murderer is not talkative. He is autistic, and his distinctive features are:

Lack of communication with people. Reasoning intelligence and good writing qualities, including self-analysis.

A champion of online poker on the Internet, the year the crime was committed, he has 130,000 dollars in his account. Therefore he did not kill for money. “A rational gambler typically knows the expected payoff and loss, as well as the probabilities of winning and losing”, he says.

From now on, his brain, locked into a prison cell, is going to remain shut away inside the prison, like a snail inside its shell. A young French-American borderline individual, coming to take refuge on a French island to avoid the risk of a lethal injection, his trial will probably take place within 2 years. Who is he and why did he kill?

Hans Peterson’s four aces, his “game of bluff” could be Asperger’s syndrome.


Readers of this site know that three months after he murdered Dr. Cornbleet, Peterson began posting to Wrong Planet, an "online resource and community for those with Asperger's Syndrome". Although Hans had registered at the site three years earlier, it was only after Dr. Cornbleet's murder that he began inquiring whether he might have the disorder. Hans was clearly trying to figure out why he was different from everyone he knew.

As far as I can tell Hans has never been diagnosed with Asperger's, a high functioning form of autism that has nothing to do with murderous rage. But it's possible that his attorney is trying to use Asperger's as a mitigating factor in sentencing. Several months after we had first discussed Hans's personal inquiry into Asperger's, Jabiru commented here at The Outfit:

I discuss about that with a french psychiatric expert. Autism and Asperger Syndrom have also to be in your mind to understand a little more about this criminal.


I can only assume that Jabiru is getting that idea from Hans's defense attorney. And although it's difficult to imagine what Asperger's has to do with murder, if Hans's defense is really lining up psychiatrists to attest to that fact it's something that might give observers of this case pause, especially in light of this paragraph from the US Department of Justice analysis of the French judicial system:

Expert witnesses, such as psychiatrists, have a great influence. The court will generally abide by the conclusions of expert witnesses.

Thursday, October 18, 2007

Naivete and Speed Make a Great Combination

By Kevin Guilfoile

"It didn't work. I want to die. You don't understand. I want to be dead."


Those were words allegedly spoken to paramedics by Jeanette Sliwinski, the 23-year-old Chicago model who two years ago drove her red Mustang convertible at almost 90 miles an hour into the back of a Honda Civic, killing three Chicago musicians on their way to lunch. Sliwinski's trial began this week and it's not an underreported story, at least not around here. The papers are giving it prime space. The blogs are all over it. The local television stations have reporters at the Skokie courthouse. Even the national networks have nosed into the proceedings because of the bizarre nature of the charges and also, undoubtedly, because the defendant is as easy on the eyes as she is hard to stomach. There really shouldn't be much for me to add.

Except that Jeanette Sliwinski murdered my friend.

We have a tendency to sentimentalize the character of the unfairly and prematurely dead, but I could produce a hundred witnesses to tell you that Doug Meis wasn't a guy you even had to know well before you grew to love him. You only had to watch him play the drums. He always had this incredible look, this incredible, transparent look of undiluted joy on his face. His elbows moved around his hands in these wild and joyous, concentric and eccentric orbits. Whenever I brought someone to see the band Exo play for the first time, they always said the same thing to me during the rare silence--God, I can't take my eyes off that drummer! It was impossible to watch Doug play and not know how much fun he was having. And it was impossible to be around him and not have that much fun.

On the morning of July 14, 2005, Jeanette Sliwinski got into a fight with her mother and climbed into her sports car with a bottle of gin and the intention to kill herself. But she wasn't only going to kill herself. She was going to do it in a way that would punish her mother and everyone else that had made her life so unbearably unhappy. Her suicide was going to be a spectacular one. She would kill herself violently. She would kill other people in the process. It would be on the television. In the newspapers. And the long list of people who had wronged Jeanette Sliwinski would have to live with all that blood and destruction forever on their consciences.

Her first thought was to drive into a train, but when she got to the tracks there was no train there. Angry and determined, she pushed the accelerator to the floor. She ran through one red light. A second. A third. Her life would end when something, and hopefully someone, stopped her car.

Michael Dahlquist, John Glick, and Doug Meis had just left the offices of Shure Microphones to get a bite for lunch. They were stopped at a red light on Dempster, waiting to make a left hand turn toward Wendy's.

Sliwinski spotted the rear of their car, retargeted her eight-cylinder missile, and gunned it.

According to Sliwinski's interpretation of the vague, unwritten laws in her head, maybe she thought this couldn't be a homicide. At the moment Sliwinski decided she would never again press the brake of her car, she had never seen Michael Dahlquist, John Glick, or Doug Meis. In the tiny universe with Jeanette Sliwinski at its center, these individuals didn't exist any more than a city in China she'd never heard of. How could she kill someone who wasn't alive? This was the brilliance of her plan. At the very moment these men would enter the plane of her existence, Jeanette Sliwinski would leave it. Her mother and all her other enemies would feel the anguish of the dead she would leave behind, but Jeanette never would.

She would be out of there.

Sliwinski's lawyers are going to try to spin her pathological narcissism as insanity. They've asked for a bench trial, probably deciding that between the testimony of appalled witnesses and the grief of the victims' families and the inevitable slide show of the defendant's glamour shots, she would never get a moment's sympathy from a midwestern jury. Instead they will put five psychologists on a full court press, trying to hang their hopes on a judge's interpretation of insanity law.

But Jeanette was not temporarily delusional, as her lawyers will claim. In fact her plan unfolded almost exactly as she imagined it would. There was violence. Blood. Death. Destruction. Headlines. Her mother was shocked, shamed, humbled, and humiliated. The only part of her scheme that didn't come together perfectly is that she wasn't crushed to death. In accordance with one of God's favorite jokes, she only fractured her ankle. The impact had injected the endless, incurable pain and sorrow of other people's suffering into her own soul, not somebody else's. And now she has forever to think about how good her life used to be.

After hearing the deafening crash, the manager of a nearby mattress store ran out into the street, a demonstration pillow still in his hands. He saw Sliwinski's overturned car, with the model's slightly injured foot sticking out the window. The lifeless body of one of her victims was splayed on the nearby concrete.

"Get me out of here!" he heard Sliwinski demand.

No, Jeanette. You're stuck here with the grieving rest of us.

UPDATE: Jeanette Sliwinski was found guilty, but mentally ill, of three counts of reckless homicide and one count of aggravated battery, lesser charges than the three counts of first-degree murder sought by the prosecution. Sentencing will be November 26. Channel 7 says she faces a maximum of ten years. The Associated Press says a maximum of five.

Monday, July 30, 2007

Don't Touch Me I'm A Real Live Wire

By Kevin Guilfoile

It was absurd and chilling. The kind of scene that, as a writer, you wished you'd made up yourself.

Joseph "The Shark" Lopez, defense attorney for accused mobster Frank Calabrese, Sr., was cross-examining Frank Calabrese, Jr., his client's son and the star government witness in Chicago's ongoing Family Secrets trial. Lopez was dressed the part of a mob lawyer in a black suit with pink tie and socks. Frank Jr. was in the middle of a grueling week of testimony in which he had confessed to taking part in more than a dozen murders.

"Are you a serial killer?" Lopez asked him.

"No," Frank, Jr. replied. "I'm just a killer."

If I had to propose a universal theory of suspense novels, a single theme common to almost all mysteries and thrillers (some cozies excepted, perhaps) it would be something like what is suggested between the lines of that exchange. Suspense novels explore, again and again, not just the reasons human beings kill each other but, just as significantly, the reasons human beings don't kill each other more often than we do. Almost all suspense fiction is set at the horizon of decency where we've drawn the line representing mankind's ultimate and universal prohibition against taking another person's life. These stories are frequently about the people who seek to cross that line, the individuals assigned to keep them from doing it, and the people who are terrorized and victimized when that ethical wall is breached. The point of it, if I can avoid making it sound too self-important, is to understand what it means to be human. That's the point of all fiction, of course, but suspense novelists have staked out this particular territory on the edge.

And sometimes, it seems, so have the federal courts.

Lopez's half-serious but still provocative question--Are you a serial killer?--was obviously meant to shock both jury and witness (if it's possible to shock a person with so many notches on his holster). And it's easy to see why readers and writers are attracted to and repulsed by the psychology of serial killers. Our fascination with mobsters might even be more complicated. Men like Frank Sr. and Frank Jr don't seem to be mentally ill. I'm not qualified to say whether any of the men accused in the Family Secrets trial is a sociopath. But what becomes clear in the trial testimony is the way killing is not just a method for mob members to eliminate enemies or remove obstacles in their way. For them, murder is a tool of business the same way retailers have QuickBooks and White Sales. If there were a Malcolm Gladwell for mobsters he might be writing THE WHACKING POINT.

The popular notion of some mobster code in which members of the Mafia limit violence to their own kind is rooted partially in this seemingly business-like approach to murder. The serial killer murders for pleasure or to quench some pathological thirst. The mobster always claims to have a commercially viable reason.

But on another day of the trial we got a glimpse at just how frightening and arbitrary those reasons can sometimes be. After someone broke into the home of mob boss Tony Accardo in 1978, burglars all over town began disappearing. Bobby "The Beak" Siegel had nothing to do with the Accardo break in but he was getting the distinct feeling that he might be next. His fears were confirmed in a conversation with mobster Gerald Scarpelli, who told Bobby that The Outfit couldn't be sure exactly who had been involved and so they had decided to go after any and all small time burglars in an effort to send a message. "They were trying to make it one guy of every nationality," Siegel said he was told by Scarpelli of the hit list. "He said, 'You just happened to be the Jew.'"

Monday, June 18, 2007

Lunch at the Gangbanger’s Grill

by Michael Dymmoch

This is my picture of Hell: Eternity in criminal court without possibility of parole.

Even before you get into the building at 26th and California you’re demoralized, in the parking garage—assuming you’re a juror, lawyer or cop and can get in it. It's filthy. Defendants and their families have to park on the street or take the bus.

You have to go through security—“Take off your belt. Everything out of your pockets. No exceptions.” When you get to your courtroom, you spend 75% of your time waiting for something to happen. Some judges handle dozens of cases daily. Bond court judges sometimes process 200 arraignments per hour.

At lunch time, since the cafeteria is closed for renovations, you get to choose between the roach-coaches parked on California and the coffee shop near the main entrance. Cognicenti call it the Gangbanger’s Grill.

When you find an anomaly like Cindy, the Sheriff’s deputy who still seems to give a damn, you wonder how she escaped the process that turns most of the deputies into zombies, and most of the defendants--most of whom are guilty--into placid cattle herded from cell to pen to court room and back. Cindy, as it turns out, has only been here since December. And since she used to be a process server in bad neighborhoods, this probably seems like easy duty.

The system is a Bizarro version of Monopoly:

Your attorney didn’t show--Lose two turns.

Motion to dismiss denied--Go directly to jail. Do not pass Go.

The Judge grants you a continuance--move forward three spaces.

Witness recanted--Get out of jail free.

Individually, the players seem decent enough. The attorneys could be your next door neighbors—if you live in a good neighborhood. When they come to court, the defendants seem harmless. Until you discover that the 24 year old standing respectfully before the judge with his hands behind his back--that fellow you wouldn’t give a second glance if you sat behind him on the bus--has been charged with pouring gasoline into an occupied car and setting it on fire.

Maybe the people involved in the day to day get so jaded by the enormity of the horror and the mind-numbing delays that they don’t notice any more. But somebody ought to.

If the rest of us don’t get involved, who will?

If no one does, how can anything ever change?