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Monthly Archives: November 2009
Why not request special prosecutor in McCoy case?
I was talking to my cousin over the holiday weekend. He’s a prosecutor in Indiana. I told him about the case involving Tyler McCoy and found his reaction interesting and unexpected. He asked me why the Peoria County State’s Attorney is handling this case. Normally, he said, a special prosecutor is requested to try these kinds of cases due to inherent conflicts of interest.
And in fact, that’s what other prosecutors have done in Illinois. For example, a police officer in Elgin was accused of misconduct at the beginning of this year, and the newspaper there reported:
[T]he Illinois appellate prosecutor’s office will investigate the incident to avoid a potential conflict with Kane County prosecutors, State’s Attorney John Barsanti said.
Because Kane County prosecutors work with Elgin police on a daily basis, Barsanti said he asked the department to seek another agency to investigate Chris Darr’s actions.
“Some of the witnesses are officers, and we have relationships with some of these guys,” Barsanti said. “And you don’t want to taint the way this is dealt with.”
I believe the same conditions exist here in Peoria, where the county prosecutors work with officers from the Sheriff’s department on a daily basis. Furthermore, the key witness is a fellow officer that the State’s Attorney threatened with felony charges if he didn’t testify against Tyler McCoy. Then there’s the fact that Tyler is the son of Sheriff Mike McCoy, a Republican running for reelection. State’s Attorney Kevin Lyons is a Democrat.
There appear to be more than enough potential conflicts to convince other state’s attorneys to request a special prosecutor. Why hasn’t one been requested here?
Going rogue?
I wasn’t quite sure what the title of Sarah Palin’s new book meant, so I looked it up in the American Heritage Dictionary (via Dictionary.com):
rogue
n.
- An unprincipled, deceitful, and unreliable person; a scoundrel or rascal.
- One who is playfully mischievous; a scamp.
- A wandering beggar; a vagrant.
- A vicious and solitary animal, especially an elephant that has separated itself from its herd.
- An organism, especially a plant, that shows an undesirable variation from a standard.
adj.
- Vicious and solitary. Used of an animal, especially an elephant.
- Large, destructive, and anomalous or unpredictable: a rogue wave; a rogue tornado.
- Operating outside normal or desirable controls: “How could a single rogue trader bring down an otherwise profitable and well-regarded institution?” (Saul Hansell).
v. rogued, rogu·ing, rogues
v. tr.
- To defraud.
- To remove (diseased or abnormal specimens) from a group of plants of the same variety.
v. intr.
To remove diseased or abnormal plants.[Origin unknown.]
The American Heritage® Dictionary of the English Language, Fourth Edition
Copyright © 2009 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.
Hmmm…. None of these definitions sound very flattering, do they? I wonder if she came up with that title herself, or if someone else suggested it just to be funny. Just for fun, I checked the thesaurus to see if it was a synonym for “maverick.” Nope.
DUI prosecuted aggressively; murder, not so much
State’s Attorney Kevin Lyons has arrested Sheriff Mike McCoy’s son Tyler McCoy for DUI two months after the September incident:
State’s Attorney Kevin Lyons said his case will consist mainly of observations from a motorist to stopped to assist Tyler McCoy at about 5:30 a.m. Sept. 27 as well as a deputy who responded to the crash. Absent are any field sobriety tests, Breathalyzer or blood tests, as McCoy was never asked to submit to such testing.
But the county’s top prosecutor quipped that speeders were prosecuted long before the invention of the radar gun.
So the State’s Attorney is continuing to pursue this case even in the face of scant evidence and only two witnessees — one of whom changed his story after being threatened with criminal charges by the county’s top prosecutor. But Devear Lewis, a guy who fired two guns into a crowd of people, injuring two and killing Teddy Jackson in cold blood, “struck a deal for his guilty plea to a single count of possession of a weapon by a felon.” Reason: Only two witnesses were able to pick Lewis out of a lineup, and one of them changed his story from what he originally told police.
I’m all for cops being held to the same standard of justice as the civilians they are sworn to protect. But McCoy has yet to be treated like anyone else. Not being given a Breathalyzer test at the time of the incident was extremely lenient treatment. But Lyons’ aggressive prosecution is swinging the pendulum to the other extreme. Why wasn’t Lewis prosecuted this aggressively? I would submit that Lewis is way more dangerous to society than Tyler McCoy will ever be. Why the double-standard?
In case of any issue appears contact your personal family attorney.
City to AFSCME: We have bargained in good faith
Here’s the official press release from the City of Peoria:
Subject: NEGOTIATIONS WITH BARGAINING UNITS
The budgetary problems of the City of Peoria projected for 2010 have been well publicized since June, 2009. A number of formal and informal meetings have been held with represented employee groups during the past five (5) months. Many employees and their organizations have recognized the seriousness of the City’s budget deficit. Employees understand that 17% of the metropolitan area is either unemployed or underemployed. To date, seven (7) of the nine (9) labor organizations representing City employees have agreed to reductions in their 2010 compensation package, and in doing so, are to be commended both for their consideration of their fellow members, and for the continued level of necessary services to the citizens of the City of Peoria that such reductions will permit.
The City responded to AFSCME’s request to bargain on September 21, 2009 and suggested five (5) dates during the period of October 1-9, 2009 for such purpose. On October 6, 2009 the City met with AFSCME officials and requested concessions in 2010 to avert most or all potential layoffs that could impact AFSCME-represented employees. The first negotiation meeting for regular contract negotiations was scheduled for October 26, 2009.
The City submitted a formal impact bargaining proposal to the Union on October 28, 2009. It requested a wage/step freeze in 2010 in exchange for a no layoff guarantee of twelve (12) of seventeen (17) full-time employees from November 3, 2009 – May 31, 2010. The Union rejected that proposal on November 3, 2009 and counter-proposed a comprehensive 3-year package with a no layoff guarantee through December 31, 2012, a 9.6% pay increase over the last two years, no residency requirement, adding 2 steps (5% increase) for those at the top pay range and eliminating the lowest two steps (5% increase) for new hires, extreme limitations on the right to contract outside services, and the layoff/elimination of fourteen (14) management employees. That proposal was rejected by the City.
On November 5, 2009 the City sent a notice of planned layoff to the AFSCME organization. The notice contained the names of seventeen (17) full-time positions and two (2) part-time positions.
To date, the parties have met four times in regular negotiations with two of those dates partially devoted to impact bargaining. AFSCME has been provided with relevant information necessary for the parties to bargain. The Union presented a comprehensive economic and non-economic proposal for the successor contract on November 10, 2009. The City had provided its comprehensive proposal on non-economic items on November 3, 2009. The City had advised during ground rule discussions on October 26, 2009 that it would seek resolution of most of the non-economic items first, but would provide the Union with an economic first offer in sufficient time prior to the contract deadline of December 31, 2009 to permit meaningful bargaining. That process is common in most contract negotiations, is completely legal, and does not constitute any unfair labor practice as alleged by AFSCME leadership.
The City is committed to bargaining a successor contract with AFSCME and will continue to do so in good faith. It will also consider any reasonable offers from AFSCME relative to mitigating the impact of the pending layoffs. However, it believes that negotiations are best resolved and more productive at the bargaining table. It encourages the AFSCME leadership to spend available time in that pursuit instead of unfounded threats and allegations.
Liveblogging the City Council 11/24/2009
I had some time this evening to take in one more council meeting. Frankly, it wasn’t worth it. Most items were deferred, although there were a couple of interesting nuggets. This will be my last council meeting between now and Christmas. My Tuesdays (and most other days, too) are booked solid after tonight. I couldn’t live-blog the meeting tonight because internet service at City Hall (provided by Comcast) was inoperable. Comcastic, right? Nevertheless, using Windows Notepad, I “liveblogged” the council meeting offline. Here’s what happened:
Happy Thanksgiving and Merry Christmas
Regular readers of my blog over the past several years know that this is the time of year when I don’t do a lot of posting because of a heavy work schedule up until Christmas. So, before I go on hiatus, I just wanted to thank everyone for reading and commenting, and wish you all a happy Thanksgiving and a merry Christmas!
Peoria: “Better than nothing”
If there’s one phrase I could erase from all discussions about Peoria, it would be this one: “Well, isn’t it better to do something? Something is better than nothing!” I hear this all the time. Here are just a few high-profile examples:
- Regarding the proposed downtown museum: If we don’t put a museum there, it will just be a big hole forever! Isn’t it better to put something there? Something is better than nothing!
- Regarding the proposed charter school for District 150: What, should we just do nothing to improve the schools? At least by putting this charter school in place, we’ll be doing something. Something is better than nothing!
- Regarding plea bargains for murderers: We know he murdered a man in cold blood, but the jury might not believe our witnesses, so we’re going to let him plea down to an illegal weapon possession charge, so at least he’ll do a few years in the clink. Something is better than nothing!
- Regarding our new token recycling program: Of course they’ve reduced the number of pickups and you have to rent a special container now for no justifiable reason, but at least it’s something! Something is better than nothing!
It’s gotten so pervasive that I think they ought to make it the official tagline for the city of Peoria. I’ve gone ahead and added it to the logo, as you can see. Doesn’t it make you proud to be a Peorian?
My guess is that most people in Peoria would not want that to be our tagline. But why not? Especially when so many things around here are justified on that basis, why be ashamed to shout it from the rooftops?
I think the answer is obvious…. But not obvious enough to keep people from using it as an argument for their pet projects as if it were some sort of fabulous selling point. I would be embarrassed to try and sell some project or defend some decision of which I was ostensibly proud by declaring, “Hey, it’s better than nothing!”
But for those who are enamored with this bit of rhetoric, consider this:
- Something is not always better than nothing. It depends on what that “something” is. Two pennies for a tip is not better than no tip at all — it’s a deliberate insult to the waiter or waitress. Projects like MidTown Plaza are not better than nothing; they’re worse. Now instead of the problems of vacant property, an unstable neighborhood, and a high crime rate, we get to have all of those things PLUS millions of dollars in TIF debt that we pay off with money that could have been used for police officers and road improvements. If we don’t seriously evaluate the “something,” we may end up worse off than we started.
- We should be aiming higher than “better than nothing.” Why are we content with “better than nothing” in this city, anyway? Why aren’t we shooting for the best, the highest, the top? Who has bewitched us into having expectations so low that the only thing lower is … nothing? Is this what passes for pride in Peoria: “better than nothing”?
Speaking as a life-long Peorian, I think we sell ourselves short in this city. I think we settle for mediocrity. I think we expect too little. And I think if our city is ever going to turn around and grow, we need to change that paradigm.
Former Asst. Sec. General of the UN to speak in Peoria
From my inbox:
Gillian Sorensen, former Assistant Secretary General of the United Nations under Kofi Anan and currently Senior Advisor to the UN Foundation, will speak in Peoria on Thursday, November 19 at 7:00 pm at Barrack’s Cater Inn. She will address the topic “The US and the UN: Controversy and Opportunity” for the Peoria Area World Affairs Council. With her high level experience and access, this program is certain to provoke a lively discussion of the role of the UN and the role the US in UN activities in this changing world.
All high school and college students may attend the program for no charge, with their valid student ID. Adults may purchase tickets at the door for $10. Dinner will precede this event, served at 6:00 pm. The cost of dinner, which also includes the cost of the program, is $35 per person. Reservations for dinner must be made by calling the World Affairs Council at (309) 645-2580.
Prison escapee still at large CAUGHT! (Updated)
UPDATE: James Fuller, has been captured. He was found about 1:35 p.m. at 2114 N. North Street. See full report here.
### Original post follows ###
An e-mail from Peoria Police Chief Steve Settingsgaard to the City Council this morning says:
All, just wanted to let you know that as of 530 this morning, escapee Fuller has not been located. Our officers in conjunction with the county and others have continued our efforts through the night and have followed up all leads with negative results. We will continue our efforts today and I will advise If and when there is any significant news.
Yesterday, Aaron M. Cook (28) and James E. Fuller (44) escaped from the Peoria County Jail. Cook has since been recaptured. Fuller is still at large. More details on the breakout and recapture of Cook are available in this Journal Star article. Their escape was ingenious:
To make their initial escape, the inmates somehow cut a hole in the ceiling of a jail cell and carved another hole in the concrete-block roof of the facility, using a stack of books to boost themselves out. From there, they used a rope fashioned from bedsheets to rappel from the two-story-high roof to the ground.
Unlike the movie “Shawshank Redemption,” in which posters were used to hide progress in digging through a prison wall, Fuller and Cook apparently had placed the cut-away section of ceiling back in its place when they weren’t creating the hole in the concrete blocks….
[Sheriff Mike] McCoy said the men were discovered missing during breakfast. They had disguised they were gone by piling up clothing under their bed covers.
The oldest trick in the book. Here’s hoping that, unlike Shawshank Redemption, Fuller is recaptured quickly and put back in jail because, unlike Shawshank Redemption, Fuller isn’t an innocent victim kept in prison by a conniving warden. Fuller is a dangerous criminal, convicted of armed robbery and rape.