The Chainlink

Bobby Cann Updates: Ryne San Hamel Pleads Guilty, Receives 10 Days in Jail

Jason Jenkins at ActiveTrans is helping to coordinate community response.  If there is any chance you can attend proceedings, please reach out to him: 

jason@activetrans.org.

 

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I and others had no problem with this at the hearing a couple months ago.

Thanks Jason, much appreciated. 

If anyone wants to ride and needs a place to stash things drop me a note-- I'm about 3-4 blocks from the courthouse. ho.ardbikes at gmail

I'd like to see the States Attorney re-submit the homicide charge that was dismissed.  I'd like to see this done at the Tuesday 8/11 hearing.

An excellent explanation of why this is so important was explained by Jim Reho at:

http://www.thechainlink.org/forum/topics/some-charges-against-bobby...

If this isn't re-submitted on Tuesday, maybe we need to start another petition to encourage Anita Alverez to do this.

I read the transcript of the July 24th hearing.  It seems to me that the court indicated that it was going to dismiss the reckless homicide indictment in the prior hearing, for which I have not seen the transcript.  However, the issue did come up again on July 24th.  The state cited a case, People v. Camp, that appears to me to be right on point.  Here it is:

https://scholar.google.com/scholar_case?case=14356137309522338677&a...

The Camp case is factually similar to the Bobby Cann situation.  A drunk driver killed several people.  He was indicted for reckless homicide.  His attorney made exactly the same argument that was apparently made here, that the indictment should be dismissed because it failed to particularize the specific acts upon which the charge of reckless homicide was based.  That's the exact same argument being made by Ryne San Hamel's attorney, as far as I can tell.

In Camp, though, the trial court refused to dismiss the reckless homicide charges and the defendant was convicted of them.  The appellate court upheld the finding of the trial court that the charges were sufficient.  Here's the pertinent part of the Camp opinion: 

"Under Illinois law, the elements of the offense of reckless homicide are (a) that the defendant caused death while driving a motor vehicle recklessly, and (b) that he drove the motor vehicle in such a manner that he was likely to cause death or great bodily harm to some individual. (Ill. Rev. Stat. 1981, ch. 38, par. 9-3(a);People v. Boyle (1979), 78 Ill. App.3d 791, 797, 396 N.E.2d 1347.) If the indictment is otherwise sufficient, then, in reckless homicide cases, it is not necessary to allege the precise acts of recklessness or the particular acts upon which the prosecution will rely. People v. Boyle (1979), 78 Ill. App.3d 791, 797, 396 N.E.2d 1347People v. Clark (1977), 55 Ill. App.3d 496, 499, 371 N.E.2d 33;People v. Jones (1971), 2 Ill. App.3d 575, 577, 277 N.E.2d 144People v. Mowen(1969), 109 Ill. App.2d 62, 68-69, 248 N.E.2d 685.

• 3 The defendant's citation to People v. Hayes (1979), 75 Ill. App.3d 822, 394 N.E.2d 80, and People v. Griffin (1967), 36 Ill.2d 430, 223 N.E.2d 158, is unpersuasive in that Hayes was a reckless conduct case and Griffin was a reckless driving case. The Illinois courts have repeatedly distinguished simple recklessness cases from reckless homicide cases in terms of the necessity for particularized indictments. (People v. Boyle (1979), 78 Ill. App.3d 791, 396 N.E.2d 1347People v. Clark (1977), 55 Ill. App.3d 496, 371 N.E.2d 33People v. Jones(1971), 2 Ill. App.3d 575, 277 N.E.2d 144People v. Mowen (1969), 109 Ill. App.2d 62, 248 N.E.2d 685Cf. People v. Farris (1980), 82 Ill. App.3d 147, 402 N.E.2d 629.) The central concern of 228*228 particularized indictments is the safeguarding of the defendant's right against double jeopardy. In reckless homicide cases, naming the victim of the homicide in the indictment eliminates any vagueness in the charge, thereby securing the defendant's rights. People v. Clark(1977), 55 Ill. App.3d 496, 371 N.E.2d 33People v. Jones (1971), 2 Ill. App.3d 575, 277 N.E.2d 144People v. Mowen (1969), 109 Ill. App.2d 62, 248 N.E.2d 685.

• 4 In this reckless homicide case, the defendant could unquestionably have caused the death of Victor Rubini and Karen Musaus only once, and both were named in the indictments. It was not necessary therefore to allege specific acts of recklessness."

At the July 24th hearing, the state cited this case and correctly set forth its holdings.  As a general rule, trial court judges are, of course, bound by the precedents set in appellate court opinions.  The Camp case is from our own Chicago-area appellate court district (the First District).  The appellate court makes the rules.  The trial court is supposed to abide by them.  When the appellate court rules on an issue, it is supposed to be followed by trial courts when they make their own rulings.   

Unless there is some other legal authority that was cited previously and supersedes the Camp case, I agree with the state's position on this issue.  The indictment should have stood as it was.  Perhaps reasonable minds can differ, but that is my opinion.  

So what prevents the state's re-submitting the charge of reckless homicide?  What needs to be done to satisfy Judge Hooks and meet the criteria of People v.Camp?

 

Judge Hooks did leave it open to the state to do that?  Should we encourage Anita Alarez's office to do that?

I'm starting to become concerned that that state and the defendant are going to use the dismissal of this charge as a way to work out a plea bargain and results with a "slap on the wrist" as an outcome for San Hamel.

Judge Hooks did leave it open to the state to do that?  Should we encourage Anita Alarez's office to do that?

Couldn't hurt. I sent an email yesterday.

I'm starting to become concerned that that state and the defendant are going to use the dismissal of this charge as a way to work out a plea bargain and results with a "slap on the wrist" as an outcome for San Hamel.

This would be a huge shame. Recall from the Chicago Reader story that San Hamel has already gotten off scott free on two previous cases involving alcohol and cars. In fact, they were both while he was underage.

If you do write to Ms. Alvarez, be sure to remind her that San Hamel has avoided consequences twice already.

From what I read, the judge wants the state to provide more specific allegations about the nature of the defendant's reckless conduct and replead the reckless homicide count or counts.  (Whether it is really necessary under the law or not.)  That door seems open.  Given what we know of the facts of the case, an amended indictment or complaint would certainly seem feasible.  Whether the state will follow through is the issue.  If they don't, that could be an indication as to how hard the will push for a meaningful sentence at plea or trial.   

Two important questions about what happens at the Tuesday 8/11 hearing:

1. The attempt to quash warrant about the blood-alcohol test

2. Will the reckless homicide warrant be re-submitted

I hope someone who isn't obligated to remain silent about the proceedings is able to give us a report of what went on at the Tuesday hearing.  Typically the wait for the transcripts can be about 30 days, or even longer.  Getting the transcript from the 7/24 hearing so quickly was a surprise, and I'm not expecting the transcript from the 8/11 hearing to be obtained so quickly. 

So if anyone can talk tomorrow, please do so.

I've just returned from the hearing. Yasmeen asked that no one post about the substance of the hearing on the Chainlink, so I won't. But I wanted to make sure that people are aware: the next hearing will be this Thursday, August 13, and though court will open at 10:00 AM, the judge made it clear that this case will not be heard until 11:30 AM.

I suspect many of the people who were there today (I didn't count, but the turnout was very strong, maybe 20-30?) will have a hard time taking additional time off work this week (I know I won't be able to), so if you couldn't make it today I hope you'll consider attending on Thursday.

Thanks for posting the update about Thursday's hearing. To clarify, I just reiterated what we were told today (and that it also pertains to The Chainlink) with regards to posting about the case. I was at the courtroom as well. As soon as I receive the full information about the Thursday court date, I'll go ahead and post it. I do recommend getting there with enough time to find a place to lock your bike/park your car. I can take a couple of people with me (I'm in Uptown) if people want a ride on Thursday. 

Today they did not let us bring our helmets past security so a number of us had to run back to the car. They also did not allow water bottles in through security.

Today they did not let us bring our helmets past security so a number of us had to run back to the car. They also did not allow water bottles in through security.

Hmmm... Just to make things challenging, they change their policy on a whim?

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