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McCall v. Devine8/30/2002
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McCall has failed to allege any specific failure to obtain evidence, or any specific cover-up of evidence, which would illustrate that Devine has abandoned his duties to the people of the State of Illinois in this particular case.
In further support of her argument, McCall cites five Chicago Tribune articles. McCall alleges that the differing police versions reported in these articles were implausible and are proof that a conspiracy and cover-up existed between Devine and the Chicago police department. We disagree. The contents of newspaper articles are hearsay and therefore inadmissible. Betts v. Manville Personal Injury Settlement Trust, 225 Ill. App. 3d 882, 924 (1992). The reason that newspaper articles are treated as hearsay has been eloquently stated as follows:
"It is very obvious that factual matters should not be proven by newspaper reports of occurrences. While there is an inclination on the part of the general public to accept newspaper stories at face value-and the quality of the reporting should be careful enough that such reliance is generally justified-the fact remains that news stories are frequently based on the hearsay statements of others, or on the statements of bystanders, witnesses to the occurrence, public officers, and other informants. Because of this they are often, if not notoriously, apt to be inaccurate. This is not always due to careless reporting or slanting or over-emphasis, but rather to the pressure of haste and to the inherent fact that the news story does not purport to present the results of careful investigations, or at least that it purports to report only, or mostly, what others have said about the matter." R. Steigmann, Illinois Evidence Manual ยง 14:28, at 365 (2d ed. 1995)
As the articles themselves relate, Pat Camden, police spokesman, explained that the "shifting details" of the stories were a "natural outgrowth of any evolving investigation." Camden also stated "the night it happens the media wants instant facts....As the investigation continues, we get additional facts. That's not unusual." We agree with the trial court that this allegation is "wholly conclusory."
In additional support for her argument, in her petition, McCall maintained that a conspiracy was evident where assistant State's Attorneys and medical examiners were present at Area One, the scene of the crime, which is outside the scope of their duties and responsibilities. Apparently McCall has abandoned this argument for it cannot be found in her brief on appeal. However, we acknowledge, as did the trial court, any allegation that it is not the duty or responsibility of members of the State's Attorney's office or medical examiner's office to investigate such matters is "utterly unfounded." As the trial court stated, "it has long been the practice for tate's ttorneys to assist the police investigations to determine what charges, if any, are warranted by the evidence." In fact, it has been held that the duties of the State's Attorney require an investigation into the facts of an incident. McDonald v. County Board, 146 Ill. App. 3d 1051, 1055 (1986); see also People v. Wilson, 254 Ill. App. 3d 1020, 1039 (1993); Ware v. Carey, 75 Ill. App. 3d 906, 914 (1979); People v. Pohl, 47 Ill. App. 2d 232, 242 (1964). Additionally, the Cook County State's Attorney's office maintains a felony review unit specifically for the purpose of fulfilling their investigative duties.
As for the Cook County medical examiner, it is the duty and function of that office to determine both the cause and manner of death. Section 3-3013(e) (55 ILCS 5/3-3013(e) (West 2000)) provides that every coroner in cases of sudden or violent death "shall go to the place where t
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