No one's disputing the facts of a case in which the Chicago Police Department was held liable for the wrongful death of Michael Pleasance at the hands of Officer Alvin Weems (ABC 7 Chicago) six years ago. In fact, the whole incident was captured on surveillance tape and looks very much like an unprovoked, cold-blooded killing.
But Illinois appellate judges overturned the verdict on peculiar grounds.
Jurors were told too often that Officer Weems acted with "willful and wanton conduct" (Tribune) when he shot and killed Pleasance, who was unarmed, at a CTA Red Line station. At least that's what appellate judges have decided.
Allen Schwartz, one of the Chicago injury lawyers representing the Pleasance family, didn't hold back when reporters asked him why he thought the verdict was tossed:
"It's clearly the result of a big number that [the appellate court] felt the city should not have to pay."
It is a lot of money--although the family originally had asked for $32 million in damages--but fatally shooting an innocent man is a big no-no. How many millions are your loved ones worth to you?
The city at first denied any wrongdoing, essentially covering the cop's butt, but then recanted after the CTA's surveillance tape footage was made public. The city's lawyer's even acknowledged that Officer Weems acted with willful and wanton conduct, but asked the judge to limit its use so as not to prejudice the jury.
But anyone who has served on a jury knows how plaintiff's attorneys (or prosecutors, if it's a criminal trial) like to repeat the specific offense over and over again for effect.
Plaintiff's attorneys vowed to appeal the case to the Illinois Supreme Court. It's not clear whether or not the appellate ruling means the Pleasance family will see a single dime (any attorneys out there willing to share their expertise?).
One thing's for certain: This ruling does nothing to mend the Chicago Police Department's tattered public image.
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Surveillance Camera Footage of Weems Killing (video, YouTube)
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Online video shows the truth--and the lies (Change of Subject blog, Tribune)
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Legal definition of prejudice (The Free Dictionary)
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