Posts Tagged ‘Rockford Police Department’


It is past due time for staffing of the office. Obviously, it was of no real use without a deputy on duty.

“…Monday, the Rockford City Council OK’d a deal to pay the county $75,000 annually to fund the salary and benefits of a sheriff’s deputy who will be stationed noon to 9 p.m. Monday through Friday at the Assessment Center housed in the Juvenile Justice Center at 211 S. Court St., the old Federal Courthouse.

Court officials said the presence of a deputy will speed up the process of returning the arresting officer to the streets and releasing juveniles back into the custody of their parents, or lodging them in the Juvenile Detention Center if necessary.

The deputy is described by Jakeway and Juvenile Probation Division supervisor John Papiernick as a vital cog in the assessment process. However, a deputy has been absent from the Assessment Center since September 2015 when the position was cut by Sheriff Gary Caruana because of budget constraints…”

http://www.rrstar.com/news/20170325/winnebago-county-juvenile-assessment-center-soon-to-be-fully-operational

 

 


Let’s review what’s happened at trial:

It’s undisputed that attorney Greg Clark was shot to death on February 6, 2008. At approximately 1:55 PM, he was outside his house on the corner of Oakforest Dr., and Sentinel Rd, in Rockford, using a snowblower to clear snow from sidewalk adjacent to his driveway. Someone came up to him, shot him three times in the back and left. Attorney Clark was on the ground and dead within minutes of being shot.

There was a lot of procedural testimony from first responders and police detectives about what happened after the shooting; who responded to what event, about their job responsibilities, chain-of-custody testimony, what everyone physically did at the murder scene and what evidence and witness reports detectives collected and who they spoke to. HOW DOES MOST OF THAT TESTIMONY MATTER?

IT DOESN’T! The only part of trial testimony that matters as to whether we have the truth of who killed attorney Greg Clark is the reliability of the State’s evidence which they present and allege that it connects Richard Wanke and Diane Chavez to the Greg Clark’s murder scene and then, ONLY BY IMPLICATION, to some involvement in Greg Clark’s murder. So, let’s look at what this evidence consists of:

FIRST: THE FORENSIC EVIDENCE

The State presented most of their prime physical evidence consisting mostly of clothing collected from attorney Greg Clark and suspect Richard Wanke on 2/6 – 2/7/08, phone logs, the 911 tape, an audio tape recording of 5/7/07, meeting between attorney Clark, Richard Wanke, and Diane Chavez, certain oral statements made in court at Richard’s Wanke 2006 burglary case both Clark and Wanke as documented in court transcripts, a photo of Diane Chavez’s ’98 Dodge Caravan, estimates of travel times and routes between Clark’s home and Wanke’s Rockford apartment, part of a gun strap found on the ground at the murder scene, computer address searches, gloves, State driver records, and vehicle search results, the contents of two photo line-ups, and bullet casings .

Forensic experts testified at length about the relevant DNA, fingerprint, gunshot residue, and comparison testing they did on the bullet casings, clothing, gun strap, gloves, and van. The expert testimony is only relevant in showing that the same weapon, a gun, was used in two different attacks on attorney Greg Clark. One occurred on November 7, 2007, and the other on 2/6/08.
The State maintained that although the rest of it’s forensic testing results were negative, that they are also inconclusive That’s trying to put a good spin on it.

Bottom-line

The State found NO incriminating DNA, fingerprint, or gunshot residue on any of the tested items. The only DNA positives it found for Richard Wanke were on items of his own clothing and not those of Greg Clark’s.

SECOND: EYEWITNESS TESTIMONY

There was no eyewitness to attorney Greg Clark’s shooting, so the most important witness testimony concerns the description of any stranger who eyewitnesses saw in the vicinity of the murder scene closest to the time of the murder and the description of any vehicle they drove.

The suspect in the van

Phyllis Clark, attorney Greg Clark’s widow, was the most immediate witness to reach the murder scene. She testified that her husband was outside their house snowblowing for about half an hour before she heard gunshots. She said she went to the window of their house and saw her husband on the ground. She said she saw a man 5’7’’ leave her husband’s side and enter the passenger side of a dark blue van on the street which then headed toward Sentinel Dr.

Various neighbors arriving home in the subdivision reported seeing and driving behind a dark blue van as it entered the subdivision on Sentinel Rd., from the north and headed towards Clark’s house minutes before the shooting. One neighbor passed a dark blue van on the driver’s side when it pulled over to the curb by Clark’s house, and another encountered a dark blue van as it pulled out of the subdivision shortly after the shooting. and turned west onto Rote Rd. Witnesses mostly described the van they saw as being dark blue in color. One said it was blue-green in color. Most said it was a Chrysler product and a Town & Country van. One said it had gold wheels. Each identified the State’s photo of Diane Chavez’s ’98 Dodge Caravan in court as the van they saw on 2/6/08. Several other witnesses described other suspicious and different color and make vehicles they saw in the neighborhood on 2/6/08. No witness saw or recalled the license plate number of the van.

The State photo of Diane Chavez’s ’98 caravan below: the van in this photo only appears to be dark blue because of the type of lighting used by police. There were plenty of dark blue vans in Rockford that looked like this. A few of them are still driving around. No one knows how many dark blue vans there were in total in Rockford in 2008, because the police search of registered vans only searched for 1998 year vans. Nor did they check van registrations from other surrounding cities. And, if you look closely at the hood of van in this picture, you can partly detect the van’s real color.

p1020313

The actual color of Diane Chavez’s ’98 van: What difference does a subtle change of color make? EVERYTHING…

If the witnesses all saw a dark-blue van with gold rims on 2/6/08; it wasn’t Diane’s van. It was instead, the normal dark-blue color van which Chrysler has offered as a color for more years. Some of those regular dark-blue older Chrysler Town & Country and Caravan vans are still seen in Rockford today. In 2008, Ford also had a dark-blue Windstar van which can be still be mistaken for either Chrysler or Dodge vans.

p1020318

p1020319The photos above are not Diane’s van. We can’t access her van because the police still have it, but these are the normal light photos of a van which is the same model and year as Diane’s: a 1998 Chrysler Caravan. It is a PURPLE, not a BLUE van! And if the eyewitnesses had seen Diane’s van up close and accurately, they would have described purple, not dark-blue. Chrysler offered the paint color Amethyst (Purple) on it’s Dodge Caravans and Chrysler Town & Country vans for several years through 2000. The color is still in use by other car makers today.

The allegations against Diane Chavez.

On this Home page of our website is the above tab, “About Diane Chavez”. We direct you to click on it and review the fallacious evidence the State uses to allege that Diane Chavez was present at Clark’s house on February 5, 2008, the day before the murder and during her lunch hour. The State’s implication is that Diane Chavez somehow assisted Richard Wanke in killing attorney Clark. The State is wrong and that its “evidence” against her is both false and manipulated and makes one question the accuracy of it’s case against Richard Wanke.

Back to the Man

Except for Clark’s wife, the eyewitnesses all saw the man in the van only as he sat behind the wheel of it and drove the van. They uniformly described the driver of the van as an older, white male. Their best estimate was that he was in his 40’s. The police detectives later testified that they were sent looking for a suspect described to them as having “grayish” hair and a “scruffy” beard. At trial, most witnesses seemed to qualify their mention of gray hair to being brownish and pulled back in a pigtail. A couple mentioned eyeglasses and one mentioned large eyeglasses worn by the man. Most said the man seemed to be wearing dark clothing, and one witness was adamant he recognized by the sleeve he saw that the driver wore a black demin jacket like one of the State’s exhibits. Every witness identified Richard in court as being the man they saw driving the van.

There was an unexplained discrepancy in the eyewitness testimony concerning who was in the van. The testimony of Clark’s wife, who saw a man enter a van on the passenger side before it left, and a then 7 year old child who testified that she saw a white man standing by the passenger side of a van by Clark before the shooting. If every witness saw the same dark blue van, then there was possibly more than one person in that van. One witness testified that they followed a van which pulled over to the curb by Clark’s house, which would be the right side curb of Oakforest Dr. At least two other witnesses said they followed a van as it entered the subdivision heading towards Clark’s house. Clark’s wife and the child witness saw the van parked facing the opposite direction: on Oakforest Dr., but pointed towards Sentinel Drive.

Every eyewitness testified that police showed them each six photos of different suspects on 2/6/08, and each witness in turn failed to identify Richard Wanke’s photograph on the day of the murder as the photo of the man they saw driving the van. Mrs. Clark too failed on 2/6/08, to pick Richard Wanke’s photo out as being the man she saw that day leaving the body of her husband. Each of them only days later called by the police to report that Richard Wanke, was the man they saw, after they saw the following several articles and photos published in the Rockford-Register Star on February 9, & 10, 2008.

What did all the eyewitnesses see and read in the Rockford Register-Star before they identified Richard Wanke as the suspect?

The articles the Rockford Register Star published on February 9, and February 10, which named Richard Wanke, and Diane Chavez as suspects in the Clark murder investigation even though Richard Wanke had not yet been identified by eyewitnesses as a man in the blue van.

The first article, “Double drama in court” which appeared in print on February 9, 2008, is a front-page triple article in one which continues on the next two pages inside. It shows a photo of Richard Wanke with dark hair and a beard. It identifies both Richard Wanke, and Diane Chavez, as police suspects in the Greg Clark murder investigation by saying that both a judge and attorney linked them to it in court. A chronology of Richard Wanke’s 2006 burglary case is at the top of the second page along with an article about the shooting aftermath at the bottom of the page. That second page is almost a full page devoted to information about the murder.

The article “Jailed duo helped each other” appeared the next day on February 10, 2008. Each of these Rockford Register-Star identifications and articles clearly influenced each of the eyewitnesses in this case. On our blog under this Home page tab “Unreliabiltiy of Eyewitness Testimony” is information about how easily and unconsciously eyewitness recollections are influenced by many factors and are often erroneous no matter how certain witnesses feel and testify about what they saw. You should review this information.

Bottom Line:

February 6, 2008, was one of the heaviest snowfalls in Winnebago County. At times it was almost a blizzard outside. Snow was heavy on the ground at the time of the shooting and snow was falling. Most of the eyewitnesses in this case were arriving home because of the weather. They were focused on driving in the snow and keeping their windshields clear of it. They were not that focused on the vehicles around them or the drivers of those vehicles. If they had been and if they each saw the van and the man driving it as clearly and completely as they claim, they would recall at least part, if not all of a license plate, the make and color of the van correctly, or would have agreed on the physical description of the driver, what he was wearing, and whether there was one person or two in the van.The eyewitness testimony in this whole case is unreliable.

THIRD: MOTIVE

The State played an audio micro cassette tape to the jury which allegedly contains the audio of a 25 minute meeting between Attorney Greg Clark, Richard Wanke, and Diane Chavez on 5/7/2008. It may actually be an earlier March 2007 meeting. Much of the tape is inaudible and difficult to distinguish. The Rockford Register-Star printed a small portion of the conversation on it:

“…Wanke wanted Clark to use photos of a minivan owned by Chavez in the burglary case. Clark questioned the significance of someone keying Chavez’s van or using photos of windshield wipers.

“I don’t know. That’s not my job,” said a man investigators identified as Wanke.
“Whose job is it? Whose job is it to determine materiality?” a man believed to be Clark responds. “Is it my job? What percentage is my job and what percentage is your job?…”
RRSTAR article about the audio tape
The State wants us to believe that Richard Wanke and Greg Clark had such an “tumultuous” relationship; that it was antagonistic enough to cause Richard Wanke to kill his attorney. The State claims that statements made by both such as the above and the text of court transcripts from Richard’s 2006, burglary trial for the theft of a laptop computer prove that Richard’s “state of mind’ motivated him to kill attorney Clark. The State exaggerates what hostility took place between attorney Clark and Richard Wanke and wrongly blames Wanke for all of it.
This audio tape exchange, shows Clark not cooperating with Richard Wanke when reviewing evidence that Wanke feels may be used at trial. Clark puts Wankd down when he tries to point out that the light-blue van had obvious physical damage that a State witness failed to note on the van he saw at the burglary scene and which he described to police as being silver in color. Keying, wipers, etc can be relevant when a witness claims it was your van he saw up close but then somehow misses seeing what he should have. Wanke didn’t know if what he had was useful for trial. He was consulting Clark, and Clark treated him poorly and was obviously antagonistic. The full length of the tape contains similar content but no obscenities are exchanged and there is a reconciliation of sorts at the end of it. The tape is not the “smoking gun” the State wants us to believe it is.
The court transcripts of Richard’s burglary case show it was attorney Clark, not Wanke who first complained to the court on March 7, 2007, that the other was not communicating with him. Even then, both Clark on page three says there was no hostility between them and Richard agreed on page six saying, that they were very courteous with each other, and it was just a difference of opinion.
The March 14, 2007 transcript


Wanke merely spoke up in his own defense. Attorney Clark pushed the court to admonish his client. If the court transcripts indicate resentment by either, it wasn’t Richard Wanke, but Clark who later on May 7, 2007, on page 13, told the court that he wasn’t used to being left out of the loop by a client and that he didn’t like it. Page 24 of May 7, 2007, Clark was upset enough with Wanke that he stood back when the judge pushed Richard Wanke to trial.
The May 7, 2007 transcript


Richard Wanke didn’t know at the time what was going on. He didn’t know that Clark had everyone meet the Friday before without him on May 4, 2007. He didn’t know that Clark had confessed that he advised Wanke wrongly about the length of his potential sentence and was requesting a continuance for that reason.

The May 4, 2007 transcript


May 4, 2007, and May 7, 2007, are the only two times in the nearly three year course of Richard’s burglary case where there is  emotion in the court record the State is now trying to use, and it was attorney Clark who was upset, and who reacted poorly, not Richard Wanke. Richard Wanke was out on bond in 2/06/08; something few defendants who lose jury trials are allowed. This was due to the court’s recognition of all the years in which he had complied with all court rules and was civil.
Bottom Line:

Defendants and attorneys regularly disagree about trial strategy and the relevance of evidence. Both sides hash out their arguments in court and in court filings. No revelation about that. Defendants are often held in contempt of court when they speak out of turn or disrespect someone. That did not happen here. There were no public arguments between Greg Clark and Richard Wanke. They were very civil to each other inside and out of court no matter what tension existed. Clark had represented Richard Wanke for six years (not one year as the State maintains) amicably before on another case, and his mistakes created the pretrial tension between them in Wanke’s burglary case. Had anyone of the court; the judge, the attorneys, the bailiff’s etc., seen threats or true anger exchanged between Clark and Richard, the Court would have immediately stepped in to intervene. Attorney Clark would have been removed from Wanke’s case. Richard Wanke would have been held in contempt of court or even criminally charged with misconduct. Violence of any sort is not tolerated in courts and the State has no witnesses who can show that any disagreements between Clark and Wanke exceeded the usual tension generally present in criminal defense. Richard was not a legal novice. He knew well that Clark’s death would not dismiss his case or improve his lot. At best, it would just cause a new attorney unfamiliar with him to do a worse job of advocating for him at sentencing. At worse, he could anticipate receiving the worst sentence possible as a murder suspect.

SUMMATION

The lack of forensic evidence against Richard Wanke, the unreliability and inaccuracy of the eyewitness testimony against him, and the State’s attempt to make a mountain out of a molehill regarding Richard Wanke’s alleged motive to kill Greg Clark does not prove that Richard Wanke killed attorney Greg Clark. Far from it. Stay tuned, and in a couple of days, we will explain to you how the State’s evidence and the murder investigation instead proves that Richard Wanke did not kill Greg Clark! And, we will show the bias on the part of Rockford Police Deputy Chief, Greg Lindmark, who headed this investigation that made Richard Wanke the suspect.

 


EVERYONE is concerned about crime. That’s no secret. It’s debatable whether or not there is more crime today than in the past, but people generally feel more unsafe today; perhaps because they see and hear more media coverage about crime.

Most people are not tracing the trend though and do not perceive that criminals today are really racing against technology. Reports show local police department acquiring more military grade equipment and technology to fight crime. In a few years, this investment in technology will reduce crime as long as police departments are able to keep up with processing the results they will obtain from their new toys. Over time suspect identification and evidence gathering will become more and more sophisticated from the proliferation and use of cameras and other tracking devices that your average young or middle-class offender will stand little chance of escaping detection when committing crimes.

Locally, the Rockford Police Department is working to obtain more street cameras and a means to immediately identify gunshot  source locations. On the one hand, communities are in support of police attempts to beef up technology. On the other hand, at some point in the future, community citizens may end up finding police technology intrusive and themselves lacking any protection about it and it’s potential misuse.

While Rockford Police Chief O’Shea publicly works to get more equipment, most Rockfordians don’t know that the Rockford Police Department has also quietly discontinued it’s program for police officers to use body cameras. The department now claims body cameras are not a priority and are too expensive to implement.

Police departments across the nation support body cameras for police because they generally find them helpful in defending their departments against allegations of physical abuse against arrestees. However, Rockford abandoned them during their pilot project roll-out and never even gave them a chance to work.

Read, an issue of concern: Some police Departments regressing against use of body cameras

From the Article:

“…Mann said he does still believe body-worn cameras are an effective tool for police officers.

Defense attorneys and civil rights groups say the proposed script would give officers a blueprint to explain away misconduct documented on video.

Heather Hamel, executive director of Arizona Justice That Works, a group dedicated to ending mass incarceration, said reading officers the statement about video is effectively witness tampering.

“It’s going to impact the integrity of investigations involving police misconduct or potential police misconduct. It’s going to feed officers potential excuses to explain away their behavior,” Hamel said…”


By Jeff Kolkey Staff writer

Posted Jun. 24, 2016 at 12:14 PM
Updated Jun 24, 2016 at 5:37 PM

ROCKFORD — Digital scanners tuned to Rockford police channels will fall silent Aug. 1.

Rockford Police Chief Dan O’Shea is ordering all digital radio communications to be transmitted over only encrypted channels starting in August, preventing members of the public and news organizations from listening to police radio traffic. O’Shea said he is concerned about officer safety and individuals’ privacy rights and worries that open communication tips off criminals to police movements.

The Winnebago County Sheriff’s Department may follow suit next year.”I’m not trying to hide anything,” O’Shea said today. “It’s not about cutting off the media or the public.”

O’Shea said technology had made it easier for criminals to glean information from police radio traffic that can thwart law enforcement, give suspects advanced notice of imminent law enforcement activity and compromise investigations.

The change to encrypted channels involves reprogramming police radios at virtually no cost, O’Shea said.Plans are for the department to continue keeping a police blotter, Facebook page and Twitter feed to disseminate information to the public.

O’Shea said the department plans to establish a dedicated news media hotline and create a 911 call log that journalists and the public can use to monitor criminal and police activity.It has not been determined how often the log will be updated and published. And O’Shea said it will be scrubbed of calls, such as child sex crimes and “certain domestics,” the police department determines are inappropriate to publish.

“With what we are putting in place, I feel very comfortable it won’t decrease our transparency,” O’Shea said.Don Craven, an attorney for the Illinois Press Association, said the shift to encrypted police communications is becoming more common in the state and in jurisdictions across the country. Police encryption raises the chance that the police department itself becomes the sole source of news and information about crime, he said.

“It’s going to make it very difficult to have immediate knowledge of what’s going on,” Craven said. “I’m not sure if this was designed to keep nosy reporters from knowing what’s going on, or if that’s an aftereffect.”

Source: Rockford to scramble all police radio communication – News – Rockford Register Star – Rockford, IL


http://www.rrstar.com/news/20160430/exclusive-rockford-cops-firing-over-dui-arrest-entangles-three-other-officers

“…Eventually, the investigation of Hedges mushroomed until three more officers whom police commanders said had appeared to protect Hedges became the subject of internal investigations….”

Mentioned in the RRSTAR investigation about just one fellow-police officer response and incident by the Rockford Police Department are three other officers: Bruce Brannum, Rosemary Matthews and Leann Ness, who became the subjects of investigations by police Internal Affairs for their actions in possibly covering up alleged misconduct by officer Jonathan Hedges. The RRSTAR had to review hundreds of pages it obtained by FOIA from the police to piece together what happened when Hedges was found asleep or passed out in front of his house.

It is extraordinary and indicative of just how bad internal practices must be in the Rockford Police Department that head commanders have to force the issue in order to ensure that police officers are investigated and treated like ordinary citizens when they do wrong.

Bruce Brannum was one of the first responders to the Greg Clark murder scene in 2008. He reported to Greg Lindmark at the time. He may play a tangential role in Richard Wanke’s case and trial. However, his actions regarding the Hedges incident seem to indicate that his 35 years on the police force not only made him possibly susceptible to maintaining the “thin blue line” of silence about wrong-doing of fellow officers, but well-versed in taking the easy option out when under scrutiny; just retire to stop the questions. He allegedly smelled alcohol on Hedge’s breath. That should have sufficed to follow normal protocol. Instead he reached for the union first for Hedge’s benefit. It’s too bad that “retiring out”of  investigations is still allowed other places as well as locally. Police officer investigations should not be closed when officers retire. Any potential misconduct committed on the job should follow officers into private life same as holds true for the rest of us.