Kevin Ochalla

As a reminder, it is reversible error in a DNA case for the judge to permit the prosecution, over the objection of the defense, to introduce any evidence that the defendant’s DNA profile was in a DNA database. People v. Jackson, 865 N.E.2d 195 (1st Dist. 2007).  This situation comes up mostly in cold-hit cases, where the prosecution seeks to inform the jury that a database hit to the defendant’s profile occurred.  According to the First District Appellate Court, it is error to admit reference to the database.

Here is the latest talk on the county budget as reported in the Tribune.

There is still no clear answer on whether revenue increases or budget cuts will win out.  So we continue to press the Public Defender message with elected officials and others.  The Union has spoken with key County Commissioners and others in an attempt to get our message out that any further cuts to this Office cannot be absorbed. 

Council 31 is aware that Unicare is telling HMO members that they have to use non-Rush Hospital doctors because of a failure to reach a service agreement with Rush Hospital.  For your information, Unicare and Rush have a February 15th deadline for reaching an agreement, so this may still occur.  If this does not occur, past practice is to allow Unicare HMO members to migrate to other HMOs or PPOs.  Stay tuned for more information.

The Chicago Appleseed organization just published a report on the functioning of our felony courts system in Cook County.  The report was based on a 2-year review of the system.  This report discusses the public defender system, in part, and makes recommendations for reforms to our system.  The bottom line conclusion of the report is that our system is seriously overburdened, and changes must occur. 

All assistant public defenders should read this report and be familiar with its findings and recommendations.  To access the complete report, go to www.chicagoappleseed.org. 

In case you haven’t noticed, the promotional Grade III and Grade IV postings are back up.  Even if you slipped in an application prior to the original postings being rescinded, you must apply again, with the new posting number.

In a 27 page tour de force, Justice Burke for a unanimous Illinois Supreme Court found that a Frye hearing must be held prior to the admission of the results of a Horizontal Gaze Nystagmus test (HGN) in Illinois.  The defendant’s conviction was reversed and remanded because the question of the reliability of the HGN as evidence of alcohol impairment is in conflict and no Frye hearing has been held in Illinois on the question. (APDs should object to any such testimony until this question is resolved via a Frye hearing and the appeals that will resolve the question)  People v. McGown, No. 102372 9/20/07.

President Stroger’s office is predicting a budget shortfall for the coming year of $307 million.  On Monday, October 1, the County Board will be discussing a proposal to raise the county portion of sales tax from .75% to 2.75%.  The revenue generated by this proposal could mean an addional $749 million in annual revenue for Cook County. 

What does this mean for us in the Public Defender Office?  This means another season of political debate about where to shave County operating expenses, another season of fighting to protect our Office and our clients, and another call for assistant public defenders to get involved in these very serious matters that effect us all.

A defendant who is seated in the car from which a shot is fired, who remains in the car as it speeds away from the scene of the crime, and who is arrested later while still in the car, is not accountable for the shooting unless it can be proven that he had the intent to commit the shooting. People v. Washington, No. 2-05-0826.  The Second District recently reversed an attempt murder conviction of a defendant under these ciricumstances.  Addressing accountability, the Washington court stated the following: “our supreme court has made clear that mere presence of a defendant at the scene of a crime, even when joined with flight from the crime and knowledge of its commission, is insufficient to establish accountability.“

Last week, postings went up around the Office for promotions and transfers to numerous sites in the Office.  Today, some of those notices had to be temporarily rescinded because of problems with the County.  Postings for transfers are still in effect, including transfers to Bridgeview and 26th Street for Grade II positions.  Other postings that included possible promotions have been rescinded, including postings for Grade IV positions in Markham and Homicide Task Force and Grade III positions in the Multiple Defendant Division and 26th Street.

 If you have interest in the Grade II transfers, you should bid now.  If you have interest in the rescinded postings, stay tuned as these positions may be re-posted soon.

By the Union’s count, the Public Defender Office is down to 434 frontline attorneys. This is way below the 467 attorneys provided for in the 2007 county budget. Through layoffs, attrition, and members taking advantage of the county pension buyout, our staffing levels are too low.

The Union is not waiting for this situation to rectify itself. This week, members of the Union board will be attending meetings to try to get some action. We will seek to have the remaining attorneys on layoff brought back as soon as possible, and will also seek to have our Office immediately begin hiring additional attorneys to bolster our numbers. Stay tuned for more information.