Get Webb.<quoted text>
Start with an independent investigation. Devine and Alvarez compromised themselves so many times their investigations aren't worth the paper they're written on.
#145 Mar 23, 2014
#146 Mar 24, 2014
Nanci Koschman says she is angry over what she terms a cover-up by authorities trying to protect Mayor Richad Daley's nephew, R.J. Vanecko, and vows to continue fighting for her son.| Peter Holderness / Sun-Times
MOM:‘CAN’T LET THEM GET AWAY WITH THIS AGAIN’PUBLISHED
Published March 24, 2014
By CHRIS FUSCO, TIM NOVAK AND CAROL MARIN
Nanci Koschman used to lie awake at night, unable to sleep, because the police blamed her only child, David Koschman, for his own death.
Now, she can’t sleep because she’s angry since learning the police lied to her.
So angry that she has decided to file a federal lawsuit accusing the Chicago Police Department of violating her son’s civil rights.
The Mount Prospect widow says she made that decision after reading the 162-page report of special prosecutor Dan K. Webb. In it, Webb described how police and prosecutors twice botched investigations — in 2004 and 2011 — into her son’s death, never charging Richard J.“R.J.” Vanecko, whose uncle Richard M. Daley was mayor during both of those investigations.
“It just felt like they didn’t take David’s rights into consideration at all,” Koschman said in an hourlong interview Friday with the Chicago Sun-Times and NBC5.“He was like a non-person. They were so busy trying to cover up what wasn’t done properly that they forgot that David existed.
“I was helpless in the hospital for 12 days, and now I feel helpless again. They all worked against me. And they all worked against David — and that makes me upset.”
Webb’s report came out Feb. 4, four days after Vanecko pleaded guilty to involuntary manslaughter, admitting he threw the punch that led to Koschman’s death in 2004.
Vanecko, 39, is now serving a 60-day jail sentence.
The special prosecutor, who brought the charge against Vanecko, also investigated the handling of the case by the police but said he didn’t find enough evidence to convict six police officers he considered charging with crimes from the 2011 investigation. And he said he couldn’t charge any cops involved in the 2004 investigation because the statute of limitations had expired.
Three years ago, Nanci Koschman said she had no interest in filing a lawsuit, that she wanted only to finally learn the truth about her son’s death. But she says Webb’s report “opened more questions” that she hopes a lawsuit can answer, including why the police apparently fabricated statements in their reports to support their conclusion that her son provoked Vanecko to hit him in self-defense.
The following is an edited transcript of the interview with Koschman:
Q: Why have you decided to sue?
A: I just sort of feel like I need to make sure that for future Davids that come along that maybe my small voice can be heard to say “I have to take this on” because I just can’t let them get away with this again.
Q: When you say David’s rights weren’t taken into consideration, are you speaking of the police department, the state’s attorney’s office?
A: Both. They put words in David’s mouth. They told me right from the beginning that I really had no recourse. That there was nothing I could have done. David was at fault. David was the one that would have been charged had he lived. It was all on David’s shoulders, so, being a grieving mother, I just went home and tried to deal with trying to figure out what I did wrong as a parent.
And then when the special prosecutor’s report came out ... I realized I needed to take a stand for David. They hid files. They destroyed files. They changed files. And the thing that really got me is when they took the case and put words in his mouth saying that Mr. Vanecko felt it was self-defense because David was the aggressor. And I still have a hard time in my mind trying to visualize a 6-foot-3, 230-pound man being afraid of my 5-foot-5, 125-pound son.
Q: Why do think the investigations were botched?
A: They were too busy protecting Mr. Vanecko and maybe, as a result, the Daley family.... It’s always been about the cover-up.
#147 Mar 24, 2014
Q: Do you think there are more answers you need to get?
A: I’d like to see some of the people face to face.... I’d like to see these people and say,“Really? You know you all got together after he punched David, and none of you talked about it? You got in a cab? You went back to the bar?... Nobody mentioned a word of it? Come on. Look me in the eye, and tell me that.” The same with the police.“You took the file home?”... The state’s attorney who threw the file away. Isn’t that a legal document?... It’s been very enlightening. I’m learning things. But while I’m learning, I’m also realizing that I couldn’t have controlled them.
I’m taking aim at everybody who didn’t value David’s life enough and decided to cover it up. I guess now if somebody came up to me and said,“Is it a cover-up?” I could actually answer yes. Do I think it was a cover-up strictly for Daley? Who knows.
It’s been nothing but lies to me. And that’s why I’m doing this now. I didn’t deserve to be lied to. David deserved to be treated as a person. And I’m still advocating for him..... I want to be able to go to the cemetery and say,“I’m still fighting for you, honey. I’m not letting them get away with this.”
Q: Whom do you blame?
A: My anger probably first starts with Detective [Ronald] Yawger because he’s sort of the one that — now, I can say the word bully. At the time, I didn’t think it was bullying. But his first statement to me when he walked in was not,“I’m sorry for the loss of your son.” But the first statement was:“Do you know how drunk your son was?” He took me off-guard the minute he walked in the room.... His last statement was:“If you want, you can take these people to court, but they’ll keep you tied up in court for years. You’ll end up with nothing.”
Q: Are you satisfied with the quality of the Webb report?
A: It probably opened more questions.... I think things weren’t answered. I think people took immunity. I think people skirted, they didn’t want to admit what they did.... I don’t know that I’m ever going to get the whole truth. I don’t know that anybody is ever going to walk up to me and say,“You know, we handled this wrong.”
Q: What do you think of Cook County State’s Attorney Anita Alvarez?
A: Not very professional. There’s probably some other words I could think of.
Q: The Chicago Police Department?
A: There are crooked cops and bad people — not as a whole. I couldn’t protect David, and now I sort of feel like I want to protect the next David that comes along that gets hurt by somebody that has ties to the city.
Q: Mayor Daley?
A: I probably feel like I was just a blip on his radar. I’m sure someone informed him of it.
Q: Cook County Judge Michael Toomin, who appointed Webb?
A: I’m very pleased with him. He believed in David.... He made that statement in court that there was a murder, and nobody was charged. That really summed it up. He knew something was wrong, and I’m very grateful to him.
Q: How will you deal with the assumption by some people that this is really about money?
A: The money, it’s never going to bring me peace. It’s never going to make me happy. I may do something like start a scholarship in David’s name at his school. At Prospect High.... It’s not going to make me sleep any better.
I just want the public to know how this case was handled.... I want them to be held accountable. Just like I wanted Mr. Vanecko to be held accountable. It was never about him going to jail.... It’s like another step in the closure.
The people who I care about know I’m not doing this for the money.
#148 Mar 24, 2014
Q: What is your opinion of Dan Webb?
A: I understand statute of limitations. I guess the frustration is in the second part, when they reopened it in 2011. I really wish he could have found something that he could have charged so I didn’t have to do this. Because I never wanted to do this. I never wanted to be the one to bring the suit. But now I feel there’s enough there we can question why they did it. He did his job. I thank him for that. He had a great team. I met a lot of them. I know they worked very hard for David.
Q: What about Vanecko friends Bridget McCarthy and her husband Kevin, who lied to the police about Vanecko’s involvement?
A: The fact that they continued to lie, that he told his wife not to talk to people. You shouldn’t be able to lie to the police and say,“I’m not telling you,” or,“I don’t remember.”... That’s very frustrating. Again, those are the kind of the people I’d like to see in their face and go,“Really? Really, you didn’t want to tell them it was R.J.? You didn’t think they were going to figure it out?”
Q: Do you feel you’ve restored some respect for David?
A: A little of it. Yeah. I’m starting. I will feel better when this next part is over if it gets out what they’ve done to him.... It’s getting it out to the public to make them understand what happened to this young man from Mount Prospect. That one single punch that night changed so many people’s lives.
I understand it was made in alcohol-induced anger ... But everything that happened after that, everything that the police did, everything the state’s attorney’s office did and everybody else did, they did that just purely on their own. They made that choice to not go after him.
They made that choice for Detective Yawger to come in and start that. Everything was done with a purpose. And that purpose certainly wasn’t to protect David.
#149 Mar 24, 2014
Somebody's still mad about the retarded Mexican kid who couldn't swim or handle his liquor. It must have been "foul play". Sue
#150 Mar 24, 2014
Who is responsible for letting the "retarded kid who cannot swim" get elected? Drink? Swim? Who was "looking out" for the "retard"?
#151 Mar 24, 2014
The public can't trust Devine or Alverez.
#152 Mar 24, 2014
WHO’S BEING SUED
• City of Chicago.
• Cook County.
• Phil Cline, police superintendent in 2004 who said there wasn’t enough evidence to charge anyone in Koschman’s death.
• Michael Chasen, Area 3 commander who oversaw 2004 investigation, now retired.
• Richard Rybicki, Area 3 lieutenant in 2004, now retired.
• Ronald E. Yawger, lead detective in the 2004 investigation, now works for the Illinois attorney general’s office.
• Rita O’Leary, detective in the 2004 investigation.
• Robert Clemens, O’Leary’s partner, now retired.
• Anthony Giralamo Jr., dectective from 2004, now retired.
• Jody Weis, police superintendent in 2011 who ordered re-investigation.
• Steve Peterson, deputy superintendent in 2011 who oversaw re-investigation, now retired.
• Ernest Brown, another 2011 deputy superintendent, now police chief in Darien.
• Thomas Byrne, chief of detectives in 2011, now retired.
• Constantine “Dean” Andrews, Byrne deputy whom special prosecutor considered charging for fabricating statements in police reports.
• Gary Yamashiroya, Area 3 commander in 2011.
• Joseph Salemme, Area 5 commander who oversaw 2011 investigation.
• Denis P. Walsh, Area 3 lieutenant who took missing case files home in 2011.
• Thomas Flaherty, Area 3 sergeant, Walsh’s former partner.
• Richard Downs, Internal Affairs sergeant who investigated missing files.
• Sam Cirone III, Area 5 sergeant special prosecutor considered charging for fabricating statements.
• James Gilger, lead detective in 2011.
• Nick Spanos, Gigler’s partner.
• Maureen Biggane, police news affairs lieutenant in 2011.
• Richard Devine, Cook County state’s attorney in 2004.
• Darren O’Brien, Devine’s felony review chief who declined to charge anyone in 2004, now retired.
• Anita Alvarez, Cook County state’s attorney who agreed with police there wasn’t enough evidence to charge anyone in 2011.
• Dan Kirk, Alvarez’s chief of staff.
• Richard J.“R.J.” Vanecko, Koschman’s now-jailed assailant.
#153 Mar 25, 2014
That's hiw the legal system works. You don't need any evidence, motive or a suspect. Just file charges. Do your parents know you are on this site?
#154 Mar 25, 2014
The system requires a good cleaning and stopped with Jon Burge,(involved in numerous Chicago Police Torture cases). Burge did not act alone he had the support and backing of a much longer list of individuals not included in this particular list!
#155 Mar 25, 2014
Bobby Rita needs to be brought up on charges for Obstruction of Justice, in his role in this cover up. What else has he covered up?
#156 Mar 25, 2014
Protection for the Connected.
Corruption for the public and taxpayers to pay for.
Violations of the code of ethics for individuals who should minimally loose their job, law licenses, and pensions; supported by taxpayer dollars.
#157 Mar 25, 2014
john rogers8 hours ago
It will be interesting to see the low class loser Irish fixer lawyers get their clock cleaned by a genius like Bowman and Taylor. They are in for a lot of pain and these Daley loving clowns will be faced with real intelligence and will get slaughtered. All the cops should have to lose their pensions and the Daley drunk relatives will hopefully go bankrupt as should Richie who will now play the stroke card like the loser he is. And Paul Biebel will get destroyed too like the political hack he is.
#158 Mar 26, 2014
These individuals destroyed countless lives.
#159 Mar 31, 2014
WEBB: WHO VIEWED HOSPITAL RECORDS?
Published March 31, 2014
By TIM NOVAK AND CHRIS FUSCO
Special prosecutor Dan K. Webb subpoenaed Northwestern Memorial Hospital to find out who accessed the medical records of David Koschman, who died there after being punched by Mayor Richard M. Daley’s nephew Richard J.“R.J.” Vanecko, according to sealed court records obtained by the Chicago Sun-Times.
The subpoenas show that on June 27, 2012, Webb sought “documents evidencing when any medical record of David Koschman’s was accessed, reviewed or printed, and by whom, from April 25, 2004, to the present.”
Webb also subpoenaed Koschman’s medical records — including X-rays, CT scans, doctors’ notes, operative reports, patient charts and “written and electronic correspondence (including e-mails).”
What the special prosecutor wanted to know and why hasn’t been made public. Nor is what he found out.
Webb’s 162-page report on the Koschman case says little about the Gold Coast hospital, where Vanecko’s father, Dr. Robert M. Vanecko, has been a thoracic and cardiac surgeon for decades. Dr. Vanecko is the husband of Daley’s sister, Mary Carol.
Webb and his staff won’t talk about the subpoenas. Nor will Northwestern. Dr. Vanecko did not respond to a request for comment.
Webb’s report — released after R.J. Vanecko pleaded guilty Jan. 31 to involuntary manslaughter — did make clear, though, that he wanted to know what Daley knew, and when he knew it, regarding his nephew’s involvement.
Koschman’s death went unpunished for nearly 10 years, until a Chicago Sun-Times investigation led to Webb’s appointment.
Though Webb wrote he found no evidence that Daley was involved in keeping his nephew from being charged, the special prosecutor’s report revealed the mayor knew his nephew was involved within days — even as Koschman lay in a coma at Northwestern Memorial. Koschman’s mother filed a federal lawsuit last week accusing the city, the police department, Cook County and the state’s attorney’s office of violating her son’s civil rights by covering up the crime to avoid charging Vanecko.
Webb’s report says nothing about whether there was any contact between Northwestern or Dr. Vanecko and the mayor or his staff. Nor is there any indication that Vanecko’s father ever accessed Koschman’s medical records. And Dr. Vanecko, who was once the hospital’s chief of staff, never treated Koschman, medical records obtained by Koschman’s mother show.
Dr. Patrick M. McCarthy — who had replaced Vanecko as head of cardiothoracic surgery on April 1, 2004 — did coronary-bypass surgery on Koschman on April 29, 2004, records show.
That was a week before Koschman’s mother took him off life-support.
Dr. Vanecko and his wife were among seven Daley family members who gave “voluntary sworn statements,” which were read to the grand jury that indicted their son, according to court filings. Their daughter, who is a nurse at Northwestern, also gave a statement.
Those statements haven’t been released. They remain sealed under court order.
Vanecko, 39, is serving a 60-day jail sentence for killing Koschman.
Webb’s report found that police and prosecutors botched their 2004 investigation of the case, as well as a 2011 re-investigation prompted by a Sun-Times request for records on the case.
Webb considered but did not file criminal charges against six police officers, instead turning over the mass of evidence — 300,000 pages in all — to the FBI.
His report documents three conversations between the hospital and the police within 12 hours of Koschman being hit.
Webb also revealed that patrol Officer Edwin Tremore — the beat cop who answered the call when Vanecko hit Koschman on Division Street near Dearborn Street and then ran away — went to Northwestern’s emergency room and spoke with Dr. Matthew Levine, who told him Koschman was in serious condition. Tremore didn’t mention the visit or Koschman’s condition in his report, which was the first police report on the case.
#160 Mar 31, 2014
A few hours later, at 9:30 a.m. on April 25, 2004, Detective Rita O’Leary called Northwestern and spoke with an unidentified nurse who told her “Koschman was unconscious, unable to be interviewed, and was in critical but stable condition,” according to Webb’s report.
O’Leary called again at 3:20 that afternoon and spoke with the same nurse, who handed the phone to Koschman’s mother, Nanci Koschman. It was the only time Nanci Koschman heard from anyone with the police until months after her son’s death, when she was told no one would be charged.
After O’Leary’s second phone call to Northwestern, detectives didn’t work on the case for the next 13 days. The investigation resumed only after Koschman died.
It’s unclear whether O’Leary was made aware of Vanecko’s involvement. Her supervisor, since-retired Lt. Richard Rybicki, testified under immunity from prosecution that he knew the mayor’s nephew was involved within a couple days — while Koschman was still on life-support.
Matthew Crowl, who was Daley’s deputy chief of staff for public safety, told Webb’s investigators he alerted the mayor about his nephew’s involvement within days, though Webb wrote,“It was not clear whether Mayor Daley was already aware of the incident.”
Three days after Koschman’s death, Rybicki assigned the case to Detective Ronald E. Yawger, whose files included the notations “V DAILEY SISTER SON” and a now-disconnected phone number for Northwestern.
Webb said the number wasn’t assigned to a particular individual, though it once belonged to a Northwestern office where Dr. Vanecko worked, other records show.
Koschman underwent four surgeries, including two brain operations and two heart procedures, while at Northwestern, where he was in the neurological surgical intensive-care unit. Blue Cross Blue Shield paid about $250,000 for his medical bills under an insurance policy Koschman’s mother had for her 21-year-old son, according to Webb’s report.
#161 Mar 31, 2014
----Shine a bright light on these huge well coordinated cover ups.
#162 Apr 2, 2014
Ex-Robbins cop sues village for alleged discrimination
By Nick Swedberg Correspondent April 1, 2014 8:42PM
Updated: April 2, 2014 2:12AM
A former Robbins police detective is suing village officials over alleged racial discrimination in hiring practices and for retribution when he sought drug charges against a relative of Mayor Tyrone Ward.
The federal lawsuit claims that Det. Christian Daigre was fired after disobeying an unlawful order to get rid of crack cocaine confiscated during a traffic stop involving the mayor’s relative, Kenny Joyner.
The suit, filed in March, claims the village violated Daigre’s constitutional right to free speech when he threatened to speak out about an alleged cover-up and his right to due process when he was suspended and later fired on falsified charges. It also says Daigre, who is white, was denied equal protection rights by being subjected to discriminatory employment practices.
“It is abundantly clear that my client was a victim of race discrimination,” Daigre’s attorney, Laura Scarry, said.
The lawsuit alleges that Ward and village trustees conspired to interview for the chief’s job only black candidates who were less qualified than Daigre, including Davis, and failed to check into Davis’ background before his appointment as chief in May 2013.
The day after Davis’ appointment, Daigre was told he was being fired for not being a “good fit for the police department,” according to the lawsuit.
In July, Daigre arrested Joyner with 20 individually packaged rocks of crack cocaine after stopping him and his girlfriend, Sinita Acklin, the lawsuit claims.
Davis informed Daigre of Joyner’s relation to the mayor and ordered Daigre to destroy the evidence, release Joyner but charge Acklin with pot possession to recuperate towing fees for the village, the suit says.
It states that Daigre did not destroy the crack but sent it to the Illinois State Police crime lab for testing.
About three days later, Daigre was suspended pending an internal investigation and later was fired by Davis after questioning whether his suspension was due to Joyner’s arrest, according to the suit.
It seeks Diagre’s reinstatement to the police force with back pay and punitive damages.
A message left Tuesday with the village attorney was not returned.
#163 Apr 12, 2014
WE Honestly Believe that someone should go to jail. It looks as if the State Rep had something to do with Obstruction of Justice.
#164 Apr 12, 2014
Yes or at least look into again!
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