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Officers Back Colleague Who Faces Termination - by Bob Seidenberg, Evanston Review (March 21, 2008)

Some 40 Evanston police officers gathered at Grove Street and Sherman Avenue Thursday afternoon before walking with their colleague, Officer Ken Carter, to the nearby police station.

They were showing support for Carter, who faces termination on charges stemming from a March 10, 2004, incident.

Police Chief Richard Eddington is expected to issue a decision by Monday in the case, in which Carter is charged with failure to report improper conduct by his colleagues after allegedly seeing Officer Gus Horemus use excessive force against a 21-year-old man inside a washroom stall at police headquarters, 1454 Elmwood Ave.

Carter was in the station with his partner, Michael Yorty, processing another prisoner when the alleged incident took place. Carter has maintained steadfastly since the incident that he didn't see the alleged excessive force.

The man, Sayyid Qadri, now 22, of Chicago's Rogers Park neighborhood, alleged that Horemus and Yorty slammed his head against a washroom wall and that one of them choked him after he was brought to the station following a routine traffic stop.

The case generated extensive media coverage.

Charges were dropped

A Cook County judge dropped charges against the officers last year after viewing a videotape of the incident and hearing several days of witness testimony.

After the judge ruled, Evanston officials said they would decide what action the city would take against Horemus, still on the force but not on active duty. (Yorty has since left the force).

Both Horemus and Yorty have filed civil lawsuits against the city.

Carter's attorney, Mario Utreras, said his client received notice March 10 of the disciplinary hearing. Carter has been on active duty up until this week.

Utreras said Carter didn't see what occurred and only heard a "commotion."

"He saw no wrongdoing committed. As a result, he didn't do anything about that," Utreras said.

Moreover, he said the video of the incident showed that sergeants and paramedics came down to the area to assist the injured prisoner.

"There was nothing more for him to do. This was not his prisoner," Utreras said.

Petition circulated

Some 100 members of the Evanston Police Department have signed a petition calling for the city to keep the six-year veteran on the force.

"Officer Carter consistently is the first to arrive on the scene when an officer needs assistance," the petition reads. "He's a proactive, productive and talented patrolman and he's earned the respect of his fellow officers as well the community."

"He's one of the best officers we have," said one officer, asking that his name not be used. "He caught two burglars last week."

Utreras said Carter's fellow police officers believe in general "that it's been four years since this alleged incident and yet, notwithstanding, the department kept its confidence in him by allowing him to be on active duty for four years. If he wasn't fit to perform these duties, it would seem a conflict of interest to allow him to act as a representative of the city while the allegations are pending."

Asked about the matter Friday, Eddington said the Carter case "is a sensitive disciplinary matter that I am attempting to come to a conclusion on. At this point I think it's inappropriate for me to comment because it is significant to the officer" and Carter's colleagues.

Eddington said such matters are complex, involving department rules and regulations, the Illinois Bill of Rights for police officers, and the collective bargaining agreement between police and the city.

Asked why Carter was on the force if there was an issue, Eddington said, "I don't think the issue is his competency as a police officer."

Telemundo (NBC) Chicago WSNS Channel 44 News (Feb. 18, 2008)

Attorney Mario Utreras addressed legal questions on the area of labor and employment law during the 5 and 10 p.m. news broadcasts, as part of a collaborative effort between the channel and the Hispanic Lawyers Association of Illinois (HLAI) to provide the Chicagoland Spanish-speaking community with a "Conozca sus Derechos" ("Know Your Legal Rights") week.

Chicago Business News (Crain’s) – People on the Move (Nov. 30, 2006)

HINSHAW & CULBERTSON LLP, Chicago: Mario E. Utreras, 37, to partner in the business litigation practice group, from principal at Utreras Law Offices. He is also president of the Hispanic Lawyers Assn. of Illinois.

Crain’s Chicago Business – Letters to the Editor - Tap Hispanic Leaders (May 29, 2006)

In his column, Greg Hinz declined to name the “prestigious” civic group whose luncheon he recently attended for fear of embarrassing it (“Pilgrim’s Progress” May 15). According to Mr. Hinz, “the only Hispanic faces in the room were the busboys waiting to clear the tables.”

What is embarrassing is the perception, which Mr. Hinz exacerbates, that there are a limited number of what he calls “A-list” Hispanic professionals to serve on corporate boards. Many Hispanics have overcome obstacles and gained the respect of their professional peers, qualifying them to serve on such boards today. While some Hispanic leaders may enjoy working in their own community, it is shortsighted to believe that even a majority of Hispanic professionals would not embrace the opportunity to succeed at the highest levels of the corporate world.

Business organizations and corporations could better leverage themselves among the Hispanic populace, whether as consumers or potential members, by incorporating these rising stars of the Hispanic professional community into their ranks. Continuing to fall short of this goal would be the true embarrassment.

Ricardo Meza, Midwest Regional Counsel, Mexican American Legal Defense & Educational Fund, Chicago

Mario E. Utreras, President, Hispanic Lawyers Association of Illinois, Chicago

Party hosts responsible for more than guests' good cheer - by Leah Hope, abc7chicago (Dec. 15, 2005)

The holidays are a great excuse to get together with friends, to thank colleagues and celebrate with good cheer. As you welcome guests into your home, you are not only responsible for hosting a good time but for your guests' safety.

"People might park down the block or across the street, so keep the area clean, especially for holiday parties. People are dressed up. They are not wearing snow boots," said Debi Lilly, A Perfect Event.

Debi Lilly is a party planner, but on this day she's hosting her own party. It's her business to make sure the guests are happy and safe, right down to the decorations. She takes special care with candles and keeps a fire extinguisher nearby, just in case.

Accidents or injuries at your holiday party could become a liability. Even someone leaving your party who has had too much to drink could be your problem.

Mike McRaith heads the state's insurance division. He says homeowners may be covered by what's called "social host" insurance.

"If someone has had too much to drink at your party and you can't get them to sleep on the couch or can't get them to take a cab home, and they end up driving home, and they get in an accident, this would protect the host of the party from liabilities for that accident," said McRaith.

McRaith also recommends checking around the house before your party:

  • -look for possible dangers like an awkward stair, loose railing or upturned carpet edge
  • -find a way to signal the danger to guests
  • -clear stairs and sidewalks of snow and ice
  • -and check your insurance policy.

"Call your agent. Why not? It's a simple question. A five-minute phone call can save you a world of trouble," said McRaith.

Attorney Mario Utreras is considering an office party at Maison Rouge Gallery. Before he gets to the party plans, his party planner goes over the safety issues.

"I didn't think of [those] things [actually] before. [And]one would think [that] I would know that, but a lot of things one doesn't [really] worry about until something happens," said Utreras.

Amy True is working on Utreras' party. She says homeowners can share the responsibility by using licensed party planner and/or caterer.

For those doing it on their own, Trye recommends recruiting friends to keep an eye on guests to make sure anyone driving is not over-served alcohol.

"We try to monitor the intake. We can do that quite often without embarrassing the guests or the clients. We can short order drinks. We can make sure they eat," said Amy True, True Helpers.

Professional party planners say offering non-alcoholic drinks can be festive and a safer alternative for those driving home.

Chicago Tribune - Business Section - Midwest Briefs (Oct. 20, 2004)

A half-dozen African-American employees of Dominick's have filed suit in U.S. District Court in Chicago against the grocery store chain, the managers of the South Loop store where they worked and the union that represents them. They alleged that for more than two years they had been scheduled for fewer hours than a pair of white employees with less seniority. When they complained to United Food and Commercial Workers Local 881, the union "swept it under the rug," said Mario Utreras, the attorney for the six men. Wynona Redmond, a spokeswoman for Dominick's, said that while the grocery store chain could not comment about the litigation, "it has a longstanding policy of prohibiting discrimination of any form." Elizabeth Drea, a spokeswoman for Local 881, declined to comment.

Former Top Aide Key in Ryan Trial - by Eric Krol, Daily Herald (Sept. 20, 2005)

In a corruption trial expected to be filled with dramatic scenes, few will pack more emotional wallop than when former Gov. George Ryan watches former top aide Scott Fawell testify against him.

There also may be few more important witnesses for U.S. Attorney Patrick Fitzgerald in his case against Ryan, who sat in court Monday as attorneys began the lengthy process of picking a jury to hear evidence in the 22-count indictment against Ryan and co-defendant Lawrence E. Warner.

The perhaps weeks-long testimony of Fawell, once as close as a son to Ryan politically, is pivotal because he can say what Ryan knew and when he knew it — the precise part of the mystery federal prosecutors have been trying to unravel for seven years of their Operation Safe Road probe.

“It is hard to underestimate the benefit to the government … of how Mr. Fawell's truthful information will help complete the picture of this very important investigation,” Assistant U.S. Attorney Patrick Collins, who will prosecute the case, said in court nearly a year ago.

Whether the jury believes Fawell, given his previous vow never to testify against Ryan and subsequent flip-flop when prosecutors put heat on his fiancee, is important for Ryan's defense.

“I'm still not overly comfortable with participating,” Fawell told a federal judge last Oct. 28 during a teary testimonial to try to keep his mistress-turned-fiancee, Andrea Coutretsis, out of prison. “I don't relish testifying against George Ryan.”

Fawell, 48, was once the heir to DuPage County political royalty. His mother is Beverly Fawell, a former state legislator. His father is Bruce Fawell, a former chief judge in the county. And his uncle, Harris Fawell, was a respected congressman from Naperville.

Scott Fawell rose through the GOP political ranks rapidly, serving as a driver for then-U.S. Sen. Charles Percy, lobbyist for the tollway authority and campaign operative for then-Gov. Jim Thompson. He ended up working for then-Lt. Gov. Ryan, and helped Ryan win a close race in 1990 for secretary of state.

Ryan rewarded him with the chief of staff job and then the nearly $200,000-a-year plum of running the agency that oversees McCormick Place and Navy Pier.

So if Ryan indeed has figurative bodies buried somewhere, as prosecutors allege, Fawell is in position to know the location. He gave prosecutors a 45-page sworn statement.

Fawell talked about special secretary of state office leases prosecutors say Ryan illegally steered to co-defendant Warner. He also took yearly vacations to Jamaica with Ryan, trips a businessman who got an office lease would reimburse the duo for, according to prosecutors.

Among other things, Fawell also supposedly knows about alleged selling of low-digit license plates for campaign contributions. He helped set up a scheme in which secretary of state workers would do campaign work on state time, prosecutors say. And when it came time to cover up the illegal political activity, prosecutors likely will try to prove Fawell told Ryan about massive document-shredding that was going on.

A jury found Fawell guilty for his part in the corruption scandal. He's serving a 6 year sentence at a federal work camp in Yankton, S.D.

Fawell, however, gave his testimony to prosecutors reluctantly, a fact that Ryan's defense team undoubtedly will bring to jurors' attention.

“I'm not going to sell myself out just to save myself,” Fawell said after his sentencing in late June 2003. “I'm not sitting on any bomb of George Ryan's. I'm not going to go in there and make up stories about him just to save myself, which unfortunately that's the game (prosecutors) like you to play.”

That, however, was before Fitzgerald's office charged Coutretsis, formerly of Long Grove. Coutretsis, a mother of two and Fawell's one-time assistant at McPier, faced a prison sentence for perjury before persuading Fawell to turn on Ryan. In return, she could get six months or probation. Fawell could get six months shaved off his sentence.

Given that change of heart, one former federal prosecutor said it's important for prosecutors not to rely too heavily on Fawell as a witness, or to be able to corroborate his testimony.

“A lot of what Fawell will testify to is stuff that wasn't written down or involves a he-said, she-said scenario,” said Ricardo Meza, a former assistant U.S. attorney from Arlington Heights now in private practice at Utreras Law Offices in Chicago.

Beyond his incentive to cooperate, Ryan's attorneys also likely will try to paint Fawell as the person truly responsible for the corruption, a renegade lawbreaker who really ran the show without Ryan's knowledge. Fawell, after all, kept an infamously detailed “favors list” with the names of movers and shakers who asked the secretary of state's office for help.

Fawell's demeanor on the stand could go a long way toward how jurors view him — at times during his trial, he had a hard time suppressing what some pundits have called a “bad-boy smile.” During others, such as the time he agreed to cooperate to save Coutretsis, Fawell broke down in tears.

“If his smugness comes off after the first couple of questions on direct exam, prosecutors will have a tougher time,” Meza said. “The question is whether Fawell will try out the tears against the governor or not.”

Fawell, who is in prison, could not be reached for comment. His attorney declined to comment.

At the Utreras Law Offices in Chicago, we serve clients throughout the Northern District of Illinois, including Chicago, Waukegan, Cicero, Elgin, Aurora, Rolling Meadows, Skokie, Maywood, Bridgeview, Wheaton, Naperville, Evanston and Glenview; and covering the IL. Counties of Cook, Lake and DuPage.

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