 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
McCall v. Devine8/30/2002
he dead body is, and take charge of the same and shall make a preliminary investigation into the circumstances of the death." McCall's assertion that, because the body had been removed from the station, there was no need for medical examiner personnel to go to the station is unconvincing. That fact does not alter the medical examiner's duty to conduct an investigation into the circumstances of the death.
In addition, it can be persuasively argued that the fact that Devine's office and the medical examiner's office sent officials to conduct investigations into Cole's death directly undermines McCall's entire argument. This fact could be interpreted to demonstrate that Devine and the medical examiner acted independently of the Chicago police to conduct their own investigations in order to zealously protect the public.
McCall's argument that the fact that the assistant State's Attorneys went to the police station to conduct an investigation and decided not to prosecute any police officers is evidence of the conspiracy is also unavailing. As the court noted in Baxter, "prosecutorial discretion is an essential component of the criminal justice system. No good purpose would be served by permitting a person in the plaintiff's position to claim impropriety on the part of a prosecutor based upon hindsight, because he disagreed with the prosecutor's conclusions regarding a particular case." Baxter v. Peterlin, 156 Ill. App. 3d at 567. McCall has not pled any actual or specific impropriety or insufficiency in the investigation conducted by Devine's office.
The majority of the cases addressing section 3-9008 arise out of disputes between governmental agencies that are both represented by the State's Attorney's office or criminal cases where a defendant who is already charged with an offense requests appointment of a special prosecutor to take over the pending case. A request to appoint a special prosecutor for the purpose of investigating and possibly charging individuals with a criminal offense raises different concerns relating to the separation of powers doctrine. "It is settled 'that the State's Attorney, as a member of the executive branch of government, is vested with exclusive discretion in the initiation and management of a criminal prosecution. [Citations.]' " People v. Novak, 163 Ill. 2d 93, 113 (1994); quoting People ex rel. Daley v. Moran, 94 Ill. 2d 41, 45-46 (1983). This discretion includes the decision whether to prosecute at all. People ex rel. Daley v. Moran, 94 Ill. 2d 41, 46 (1983); People v. Edgeston, 243 Ill. App. 3d 1, 11 (1993). Appointment of a special prosecutor, which infringes upon that exclusive discretion, will only be warranted based upon specific factual allegations of "interest" within the meaning of section 3-9008 of the Counties Code. 55 ILCS 5/3-9008 (West 2000). And while the appointment is within the discretion of the trial court, disqualification of a State's Attorney requires more than mere suspicion or speculation. People ex rel. York v. Downen, 119 Ill. App. 3d 29, 33-34 (1983). As the trial court stated:
" emoval of a duly elected public official is a drastic measure for it disenfranchises the very electorate who, through its votes, has spoken. As respondent notes, the Office of the State's Attorney is an office of constitutional dimension reposing in the executive branch of government. Under our tripartite system of government that branch is co-equal to the legislature as well as the judiciary. And while the legislature has empowered judges to disqualify the State's Attorney in certain limited situations, respect for the doctrine of separation of powers cautions against the exercise of such power unless clearly warranted."
In
Page 1 2 3 4 5 6 7 8 9 10 Illinois Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|