Friday, November 13, 2015

An Illinois attorney accused of criminal misconduct arising out of a DUI arrest and other matters has filed his answer to the charges.

5. During the arrest, Respondent told the three officers repeatedly that they were "assholes." Respondent made the statement "I'm from the south side. I know people and we will find you." Sgt. Ketelsen asked Respondent if that was a threat and Respondent answered that it was "a fucking promise." Respondent informed Deputy Wernet that he was an attorney.

ANSWER: Respondent admits that he said that he was from the South Side, that he was an attorney, and that he knew people, by which he was referring to numerous attorneys, some of whom practiced criminal law. Respondent denies the remaining allegations of Paragraph 5, including the allegations that, during the arrest, he told the three officers repeatedly that they were "assholes," that he said that "we will find you," that Sgt. Ketelsen asked Respondent if that was a threat and Respondent answered that it was "a fucking promise." Further answering, Respondent states that, when the police officers were removing the Eagle Ridge room key from his pocket as he sat handcuffed in the back of the squad car, one of the officers remarked that they would drive Respondent's girlfriend back to the hotel where she would be "all alone" in the room, and that they would take care of her, which Respondent interpreted as lewd and threatening.

6. Deputy Wernet proceeded to transport Respondent to the Jo Davies County jail. During the transport, which was videotaped, Respondent repeatedly stated that there was no probable cause for his arrest and that it was unjust. Respondent again stated thathe was from the south side and above the law. Respondent stated "you hurt me, I will hurt you," and "If you want a war, we will go to war."

ANSWER: Respondent admits that Deputy Wernet proceeded to transport Respondent to the Jo Davies County jail, that during the transport, which was videotaped, Respondent repeatedly stated that there was no probable cause for his arrest and that it was unjust, that he stated that he was from the South Side, which was intended as a reference to the fact that he knew criminal defense attorneys who could represent him in defending against any criminal charges and in asserting possible civil claims, and that he stated "you hurt me, I will hurt you," and "If you want a war, we will go to war," which comments were intended to refer to his use of any and all legal means to defend himself and to bring any motions or civil actions that may be warranted and available to him under the law. Respondent denies the remaining allegations of Paragraph 6, including that he said that he was above the law.

Illinois has the most detailed charging documents and requires a line-by-line response. (Mike Frisch0

https://lawprofessors.typepad.com/legal_profession/2015/11/an-illinois-attorney-accused-of-criminal-misconduct-arising-out-of-a-dui-arrest-has-filed-his-answer-to-the-charges.html