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In an historic ruling on Friday, April 6, Judge Michael Toomin disqualified State's Attorney Anita Alvarez and ruled that a special prosecutor would be appointed to investigate the death of David Koschman as a result of a blow struck by Richard J. Vanecko, nephew of former Mayor Richard M. Daley.
Judge Toomin did not mince his words: "The system has failed [Koschman] up to this point," he said. "To deny the request [for a special prosecutor] would be to cap indignity with injustice."
In December 2011, the Roderick MacArthur Justice Center filed a petition on behalf of Koschman's family calling for a special prosecutor to investigate whether criminal charges should be brought in the homicide of Koschman, alleging that the investigation into Koschman's death may have been influenced by Vanecko's relationship to Daley.
"There are occasional moments when we can be truly proud of our judiciary, truly proud of our system, and this is one such moment," said Locke Bowman, attorney for the Koschman family and legal director of the Justice Center. "The appointment of a special prosecutor is the first step to correcting an injustice and proving that everyone, regardless of status or class, is equal under the law."
David Koschman died in May 2004 after he and Vanecko engaged in an argument on a sidewalk near Division and Dearborn in Chicago during which Vanecko punched Koschman in the face, causing Koschman to fall and strike his head on the pavement. Koschman died 11 days after the assault from complications from blunt head trauma.
The petition to appoint a special prosecutor alleged that irregularities in the investigation, including false official records and missing files, require an independent investigation into whether individuals in the Chicago Police Department and the Cook County State's Attorney's Office may have obstructed the investigation. Cook County State's Attorney Anita Alvarez opposed the appointment of a special prosecutor but says she will not appeal the decision.
This is the second time in 10 years that a special prosecutor has been appointed to investigate a case in Cook County. A special prosecutor was last appointed in 2002 to investigate claims of police torture under former Area 2 Police Commander Jon Burge. The petition to appoint a special prosecutor in the Burge torture cases was also spearheaded by the MacArthur Justice Center.
Watch Channel 7's coverage of Judge Toomin's decision.
Special prosecutor ordered in Daley nephew case
Read the Chicago Tribune's story
Judge Oks special prosecutor in Koschman case
Read the Sun-Times opinion pieces
Mark Brown: David Koschman closer to justice than I ever thought possible
Editorial: Time to stop defending shabby Koschman probe
Updated (04/10/12)
