BOLLYN TRIAL
POSTPONED UNTIL MAY
31
The Christopher Bollyn trial date, which had
been scheduled to begin on Monday, April 23, has been postponed until Thursday,
May 31, 2007.
The trial is now set to begin on May 31st at 9:00 a.m.
The 38-day extension was granted today by the Hon. Hyman I. Riebman
of the Cook County Circuit Court (3rd Municipal District) at the Rolling
Meadows courthouse.
The fundamental reason Bollyn's lawyer had requested an extension was
to have the necessary time to discover exculpatory evidence to compensate
for the evidence lost by the destruction of the video tapes made by police
officers on the scene.
"I am informed that all tapes have been recycled," Richard Williams,
attorney for Hoffman Estates, wrote to Bollyn's attorney in a letter dated
March 29, 2007. This statement indicates the police position is that
the video evidence has been destroyed, which is a clear violation of their
General Order No. 79 concerning "Mobile Video Recording" and the preservation
of video evidence:
"Tapes containing information, which could be useful to an investigation
or prosecution, will be treated as evidence. Tapes deemed to be of
evidentiary value shall be processed according to departmental procedures
governing property custody. The narrative of the associated report
shall indicate that the video tape was inventoried as evidence."
The police transcript of their communications reveals that the video
camera on at least one car had been activated. The police assault
was evidently videotaped by Ofc. Joseph Kruschel, who was the first police
officer logged in "on scene."
The fact that the technical expert for the 911 dispatch system would
not have been able to attend on Monday was another reason that Judge Riebman
saw fit to grant the motion for an extension. |