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McCall v. Devine8/30/2002
ition stated that this relationship has formed as a result of the fact that "well over 90% of the criminal cases prosecuted by the Cook County State's Attorney's office have been investigated and brought to the Cook County State's Attorney's office by Chicago police officers."
Additionally, McCall's petition alleged that certain unknown Chicago police officers, assistant State's Attorneys and medical examiners conspired to conceal, distort and fabricate the circumstances surrounding Cole's death. In support of that claim, McCall asserts that Cook County assistant State's Attorneys and Cook County medical examiners are not normally called to the scene of a homicide to investigate, and it is not their duty or responsibility to investigate the facts and circumstances surrounding a homicide.
The petition also states that representatives of the Chicago police department publicly provided false and contradictory factual versions of these circumstances. In support of that assertion, McCall cites to five Chicago Tribune articles and commentaries. The alleged versions were summarized by the trial court as follows:
"In the first version, set forth in the commentary of Salim Muwakkil, November 8, 1999, the writer notes that first accounts of the incident reported 'that the 38 year old Cole was shot by officers when he allegedly attacked them during a mysterious October 30 interrogation at the Wentworth Headquarters.'
In the second version, reported in the Chicago Tribune by Lisa Donovan and Jeffrey Bliss, October 31, 1999, the writers state that Cole 'was shot and killed inside an interview room...after he allegedly attacked a detective , that Cole was shot in the head and the abdomen...there was a struggle and the offender was shot.'
In the third version, which lacks attribution, Cole grabbed a metal paper spindle and attacked the detective , that Cole grabbed the detective's gun from his holster and then shot at the detective as he was fleeing from the room, that two other detectives who witnessed the incident returned the fire, striking Cole and that Cole then turned the gun on himself and inflicted one gunshot wound to the head area.
In the fourth version reported in the Chicago Tribune by Margaret O'Brien and Naomi Dillon, November 1, 1999, according to Wentworth Area Commander Frank Trigg:
'Cole grabbed a seven-inch paper spike...and lunged at the detective ...that while the two were struggling, Cole grabbed the detective's gun ripping the holster strap in the process...Cole then fired at the officer but missed. A second detective outside the office heard the shot, came to the door and fired at Cole, who was crouched against a cabinet and pointing a gun at the one door to the room....After the shot missed Cole, the second officer took cover behind the door frame as the first officer took cover on the floor. A third shot was then heard...that police believe Cole put the gun in his mouth and shot himself in the head...that after the third shot, Cole was still crouched at the file cabinet with his gun pointed toward the door. At that point, another detective came to the door and shot Cole in the left side of his torso, after which Cole slumped to the ground.'
In the fifth version, set forth in another Chicago Tribune article by Monica Davey, December 1, 1999, the writer reports that according to police spokesman Pat Camden:
'About 7:00 p.m, on October 30, at Wentworth, 5101 South Wentworth Ave., Cole asked the detective who was questioning him to be moved from an ordinary interrogation room to somewhere that he couldn't be overheard. After moving to a small office, Cole grabbed a 7-inch paper spike intended f
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