Wednesday, September 23, 2015

Bad Night Leads To 30 Day Suspension

The Illinois Supreme Court has accepted a consent suspension of a former assistant state's attorney.

From the Administrator's complaint

From 2008 through April 10, 2013, Respondent was employed as an Assistant State's Attorney with the Office of the Cook County State's Attorney. Respondent resigned her position as an Assistant State's Attorney in April 2010. Respondent was assigned to a felony preliminary hearings courtroom at the time of her resignation.

In her position as an Assistant State's Attorney, Respondent was a minister of justice as a representative of the people of the state of Illinois, sworn to support the constitution of the United States and the constitution of the state of Illinois.

On September 22, 2012, Respondent and a male companion, Bradley Gould ("Gould"), attended a Chicago Cubs baseball game where they were drinking alcoholic beverages. They continued drinking after leaving the game at a local bar and then a restaurant with family and friends.

On September 22, 2012, after leaving the restaurant, and beginning at or around 7:30 p.m., Respondent was near an adult merchandise store located at 854 W. Belmont Avenue in Chicago called "Taboo Tabou."

Respondent entered Taboo Tabou with Gould. Shortly after entering Taboo Tabou, Respondent and Gould began creating a disturbance by stumbling and speaking in loud voices and were asked by the store manager, Dinah Pineda, to leave the store. Respondent pulled a badge from her purse and told Pineda "you can't do this to me I'm a State's Attorney."

After approximately 10 minutes of Ms. Pineda repeatedly asking Respondent and Gould to leave, they exited the store. However, after approximately another 10 minutes, Respondent opened the door to Taboo Tabou and poked her head through, while yelling "bitches" at Pineda and another employee. At the same time, Respondent and Gould were banging on the glass windows of the store while shouting and making obscene gestures.

Ms. Pineda then called the Blue Havana cigar store, which is next door to Taboo Tabou, and has the same owner, to ask for help from an employee of that store, to see if he could get Respondent and Gould to leave and generally to diffuse the situation. At the same time Pineda call "911" for assistance.

David Boone, the employee from Blue Havana, arrived and repeatedly asked Respondent and Gould to leave, but they only became more belligerent. Respondent went into her purse again and presented her States Attorney's badge to Boone. Respondent swung at Boone. Boone tried to walk away from her, but Respondent fell. Respondent got up and then began running down the street, yelling that she had been "assaulted." At the same time, Gould began videotaping Boone with his cell phone which he positioned directly in front of Boone's face. The phone hit Boone and Boone hit the phone out of Gould's hand. Gould attempted to hit Boone, but Boone punched him and Gould hit his head on the metal window frame. Respondent then charged at Boone, fell to the ground, grabbed Boone's leg and bit him, breaking the skin and causing injury to Boone's knee. Several bystanders pulled Respondent off of and away from Boone.

The police arrived and placed Respondent in handcuffs and in a police SUV where she managed to get her hands out of the handcuffs. Respondent was taken out of the SUV by a female officer, re-handcuffed and put back in the vehicle. Respondent told the officer at least six times that she was an Assistant State's Attorney. Respondent called the officer "a cunt, slut, bitch whore, and dyke" and slapped at her. Respondent got out of the handcuffs again and was kneeling on the floor of the vehicle attempting to vomit. Respondent was taken out of the vehicle again and, while sitting on the curb, proceeded to try to make herself throw up while screaming obscenities.

After the police interviewed witnesses, Respondent and Gould were arrested. Respondent was ultimately charged with attempted official misconduct, battery, resisting arrest, criminal trespass to property, assault and disorderly conduct. People v. Sarah Naughton, 12 MC 1260599. Following a bench trial, Judge Anthony John Calabrese found Respondent and Gould not guilty on all charges on April 5, 2013.

The acquittal did not prevent discipline for the underlying behavior.

This link takes the reader to Above the Law's earlier coverage.

This Chicago Sun-Times article reports on the aftermath of the incident.

The case drew a fair amount of attention because part of the incident was caught on video and posted on YouTube, where at last count there were more than 67,000 views and roughly 100 comments. Another video – from inside the squad car – surfaced later, during Naughton’s 2013 trial, at which a judge acquitted Naughton of every charge, including resisting a peace officer, attempted official misconduct and battery. She left the state’s attorney’s office shortly thereafter.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2015/09/the-illinois-supreme-court-has-accepted-a-consent-suspension-of-an-attorney-from-the-administrators-complaint-from-2008-thr.html

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