Chicago Judge's Outrageous Conduct

Fortunately someone must have had the good sense to intervene within 24 hours, but there's still no excuse for this to have even been an issue.

A Naperville woman who on Tuesday refused a judge's order to view a videotape of her alleged rape could be jailed on a contempt of court charge if she does not change her mind Wednesday, and the judge is considering a request to drop sexual assault charges against the Burr Ridge man on trial.

"I am ordering you to answer these questions," Judge Kerry Kennedy told the woman after an hourlong recess to discuss her refusal. "The consequences are that you would be held in contempt of court, with incarceration possible. Are you still refusing?"

"Yes," she responded.

"I will give you overnight to think about this," Kennedy said. "Tomorrow, I will ask you again."

The woman was 16 years old when she allegedly was assaulted and videotaped four years ago at a party in the Burr Ridge home of Adrian Missbrenner, 20.

Breaking news now suggests the judge is the one who either thought better of his position overnight, or perhaps some quick acting lawyers saved this woman from further abuse. But I can't see a reasonable excuse for her having to endure even one night of being threatened with jail, or having to watch her own rape.

Prosecutors allege that the videotape first shows another defendant, Burim Berezi of Brookfield, having sex with the woman, then it shows Missbrenner. They say the tape shows her unconscious as people spit on her and write derogatory words on her naked legs and abdomen.

And the defense attorney's reaction?

Campanelli jumped up from his chair and, in a raised voice, said: "I take this as a personal insult. She (the victim) has told us she was unconscious. That is ridiculous. All the law I know says the defendant's rights come before a victim's rights. And that's what we're having this trial for."

"It's my contention she hasn't been shown to be a victim yet,'' Campanelli said. "Those are rules so that innocent men can't be hurt. This is ridiculous. My client is on trial, not her."

Also at link above:

After a brief hearing on the issue in the Bridgeview branch of Cook County Circuit Court, Judge Kerry Kennedy backed off the threat he made Tuesday to jail the woman if she continued to refuse to watch the tape.

With little elaboration, Kennedy agreed with prosecutors' arguments that the Constitution grants special treatment to rape victims.

I'm not a lawyer, but I cannot comprehend the rationale for making an alleged rape victim watch it on tape. I find it disgusting that the judge went along for a minute, let alone over night.

Comments

[sigmund, carl and alfred]

If someone were to beat the hell out of the defense lawyer, I suspect he would hardly concur that the accused rights would precede his own.

That the victim should be forced to view the tape is in outrage. If viewing the tape will determine whether or not a rape occured, it can be done in camera or in chambers, with the attorneys present.

There is no need for this to be shown in open court.

[CindyA]

This so-called judge needs to be forced to sit in on the confessions of rape victims as to how their entire lives have been destroyed by these violent acts. Even if she was passed out, the perps, love to tell others and revile the victim on every occasion. I was raped at the age of seven and even in high school years later, one would come up and say, "My brother #$&?ed you, you#$(*>." The feeling of being used goods, dirty and defiled, taints all later relationships. It takes years and years for the victims of rape to even trust another person, painfully some never do.

[John]

I agree, read about this in Chicago's papers today. These defense attorneys need to start mentally putting themselves or their families in these situations, and see if these tactics still seem reasonable.

[ViVi]

You dont have to be a lawyer to know that is shameful behavior. Sounds like a megalomaniacal judge too pleased with his power. Cook County has historically been a hotspot--not sure why.

[xxx]

This seems pretty open and shut.

The alleged victim testifies.

The jury views the tape.

The accused confronts his accuser and the jury hears and sees the evidence.

They draw their own conclusions from the girl's testimony and her actions on the tape, either they see reasonable doubt that she was consenting or no, or the males may have thought she was coherent enough to consent, or they don't.

Forcing her to watch a tape that everyone agreees ends with the boys writing slut and other curse words on her body and spitting on her, which she has resisted watching for four years is CRIMINAL.

[strayze]

Obviously this judge has not been through the hell of posttraumatic stress syndrome. Perhaps he should be plagued by terrible nights of nightmares and night terrors that set off atrial fibrillation. Along with dissociative states and fugues, paralysis, and other dysfunctional happenings. This man is a monster as bad as the original rape.

[skepticynic]

What XXX said. There is no reason, barring wanting to inflict cruelty on the victim, that she should be victimized a second time watching this. She speaks, and leaves. The jury sees the videotape. After all that, they make the call.

Who are these people in this courtroom? Have they ever been in this situation before? Obviously not.

[xxx]

I sound like a broken record about how sexual assault victims are treated but threatening to throw the girl in jail because she won't watch the tape?

She has said she doesn't remember anything, so even if she watches the tape, that isn't going to change her testimony. Even if she is walking around, which she allegedly isn't...that doesn't change her testimony that she was intoxciated and has no memory of what happened after she became ill.

The jury will see the tape and think she's too intoxicated to have given consent or there is doubt as to how intoxicated she was or not.

This was a brazen effort to get the girl to back out of the trial because she has said previously she doesn't ever want to see the tape of what happened...the fact that the judge was willing to go along with it is, well, par for the course really.

[jadensmokes]

Makes me think the judge and prosecuting attys need to be raped just once to see what it is like to be the victim of such a crime. Rape is not about sex, it's about degradation and control. We are in the 21st century aren't we?

[jackson80]

ive seen that under pressure, some judges eventually fold up and do something stupid as a signal that the need help. from experience i know that the number of attorneys who go visit the chief or presiding judge of the Circuit Ct. of Cook County Illinois have an effect on where a judge is assigned or reassigned. I predict that judge K. K. will be hearing non contested probate matters in the near future or be assigned to small claims court for practice in acting civil to parties even when they are not represented by counsel. Other judges i have seen, start to tell jokes from the bench, and eventually take themselves out of the courtroom by not running for reelection. this report is certainly a tragedy for all involved.

[Pearly]

Cindy~

I am so sorry. That's heartbreaking. God love you:)

[skepticynic]

This was a brazen effort to get the girl to back out of the trial because she has said previously she doesn't ever want to see the tape of what happened...the fact that the judge was willing to go along with it is, well, par for the course really.

Posted by: xxx | Wednesday, March 01, 2006 at 06:07 PM

What sane person who has ever experienced this sort of thing would want to view it? She has stated that she was unconscious, and does not remember a single thing...if you are not conscious, you cannot give consent. She could watch the tape but it won't jog a memory that is just not there, and could do far more psychological damage than she has already endured.

Like you said, let her testify and then let the jury view the tape and make a decision based on all they hear and see. This is outrageous that they would try to force this on her--wonder if they would do it if it was their own kid on the stand. Seems like the defense wants to spook her out of the trial, because the stuff on the tape is too explosive for him to overcome.

Hopefully, she sticks to her guns....and others come to her defense.

[xxx]

Well, one guy did get acquitted, but he wasn't on the tape except for 30 seconds and he wasn't having sex with her, that sex happened off camera. The guy who operated the camera pled guilty and so did the other two who wrote and spit on her but didnt' have sex with her, they pled to assault.

This defendant fled the country and was gone for many months until his buddy got acquitted, then he came back and in his bail jumping trial..which he was convicted for...he said he was afraid of the Serbian mob???!!! and that is why he didn't come back....he also got popped for DIU I believe while out on probation..that would be between the alleged gang rape and the bail jumping.

I have no sympathy for these boys. Even if the girl is not completely passed out, they knew she was intoxicated, knew she had been vomiting and knew by the end of their 20 minute tape that she was completely unconscious. Does anyone really think a 16 year old suburban high school student consented to having a lighted cigarette put inside her?

But, I wouldn't be a bit surprised if this kid gets acquitted.

[skepticynic]

XXX, if he DOES get acquitted, there will be carnage...metaphorically (or maybe not.)

No one who hears what went on in that video could possibly believe that justice was served if he walks. He jumped bail, already has "issues" with the law and they prosecuted the guys who watched. Serbian mob? Only if the victim is Serbian and then I would not only root for the mob, I would put it on pay-per-view. I don't see him walking....since he is one of the ones on the tape. Too bad the acquitted one was not, but you never know...friends have a way of taking care of business for you...he may just "disappear" one day.

Sympathy? None here. With any luck, if he wants it he can look it up in the dictionary in prison...it is between sodomy and syphilis.

[xxx]

This guy and the other defendant, STILL ON THE RUN, both have family ties in Eastern Europe and rich parents...if he met anyone in the Serbian mob they were cooking him dinner and sheltering him, not preventing him from returning to America to stand trial for gang rape.

Juries are funny in these cases, of young, good looking white kids who are facing significant jail time if convicted. The previous trial the defense attorney drilled it into the jury's head that she drank willingly, went to the house willingly, played the drinking game willingly...blah, blah, blah....but they never commented on what they thought of the two main actors on the tape...this guy and the still missing guy.

I have no faith that people are willing to convict in these cases if there is the slightest excuse, like she sat up, or moaned,or whatever that they can acquitt.

And the Natalee Holloway case has cemented my feeling that most people don't get it.

[afmomx3]

Sorry Dan,
but if you don't mind, I have a statement or two
that I would like to say to the Judge in this case, Judge Kerry Kennedy.

I would also like to convey a ray of hope for the victim as I know what it is like to be date raped with liquid x ....

Judge Kerry Kennedy;
WHAT IN THE WORLD ARE YOU THINKING? YOU ARE TO UPHOLD THE LAW AND NOT ABUSE YOUR VOTER GIVEN RIGHTS AS A JUDGE!!!
TOO BAD THAT MR. JOE KENNEDY SR. ISN'T HERE TO GIVE YOU A LASHING OUT YOU WOULD NEVER FORGET ! I BET HE IS ROLLING IN HIS GRAVE ALONG WITH J.F.K., AND THE WONDERFUL LADY, MRS. JACKIE KENNEDY ONASSIS.

TO THE VICTIM I SAY;

HOLD ON TO YOUR HEART, MIND, BODY, AND SOUL. FOR THEY ARE THE MOST PRECIOUS ATTRIBUTES ANYONE HAS.
PLEASE REMEMBER THAT THERE ARE THOUSANDS OF US WHO HAVE BEEN DATE RAPED FOR ONE REASON OR THE OTHER.
IT IS NOT YOUR FAULT.!!!!!!!!!!
PLEASE SEEK COUNSELING..."IT WAS THE ONLY WAY I COULD DEAL WITH THE SHAME AND DIRTINESS THAT WE ALL FEEL AFTERWARD"......
I WAS LEFT IN THE BATHROOM, NON THE LESS BY ONE OF MY SO CALLED GIRLFRIENDS, VOMITING, AND THEN SHE SAID I HIT MY HEAD ON THE TOILET, AND THEN I PASSED OUT...ACCORDING TO WHAT THEY TELL ME...
MY RAPIST DECIDED TO TELL THE OWNERS OF THE DINNER CLUB THAT I MUST HAVE HAD A SEIZURE, BECAUSE I WAS EPILEPTIC...YEAH RIGHT...NOTHING FARTHER FROM THE TRUTH!!!
I HOPE AND PRAY THAT ONE DAY YOU CAN GO ON WITH YOUR LIFE, A STRONGER MORE BEAUTIFUL LOVING, CARING PERSON...I HAVE.
PRAISE BE TO GOD THAT THEY DIDN'T KILL YOU MY DEAR..
MANY HAVE LOST THEIR LIVES, BECAUSE THEY WERE GIVEN TOO MUCH OF THE DRUGS THEIR RAPIST DECIDED TO USE...
GOD BE WITH YOU IN EVERY STEP OF YOUR BATTLE.

RESPECTFULLY,
AFMOMX3

[skepticynic]

Well, XXX, Alex Kelly did the same thing. Same MO; probably took lessons. Parents are most likely in on it, too...in Kelly's case, his parents claimed they knew nothing, but the FBI (I think) found a pic of them in Sweden with him. When the authorities caught up with him 8 years later, he came home thinking he was going to get away with it and played the "skeered kid" card. While awaiting sentencing(with an ankle bracelet) he wrecked his US gf's car and left her bleeding and injured in it, then ran home and denied he was with her (She stayed...psychs would have a field day with that.)

The judge threw the book at him. He got 20 years, later changed to 16. He was denied parole at the halfway mark, 2005.

[Alexandria]

The issue wasn't just that she refused to watch the tape, she also refused to answer *any* questions about the tape yesterday, that was why she was threatened with a contempt charge and the defense threatened to call for a mistrial. After she agreed to answer questions about the tape, the defense dropped for now their threat to call for a mistrial.

[Alexandria]

I want you to know I don't blame the girl in this case, I think and I think she likely thinks she made a mistake in drinking and partying with these guys, and I'm sure she's admitted as much to her family and friends. I think though that it's her family to some extent and the legal system to an ENORMOUS extent that is pressing her into pursuing the case because of her age (16) at the time of the incident.

I think they think they can make a case out of this, and if they can take it to court and pursue it for now going on three years they can make a lot of money off of it. Not the girl and her family, mind you, they will likely get no more than money for counseling IF they win a civil case, and they're nowhere near that point. It's people in the legal system and some victim advocates who make money off of this case -- more than the victim would likely get from a civil case, and their fees are guarenteed. The poor woman in this case -- now 20, having spent four years of her life dealing with the legal system, challenges, and such, like the young woman in the Orange County Haidl case -- would have been far better off if this case had never gone to court, and she was allowed to recover and seek counseling in peace.

[xxx]

Maybe she wants to see the guys pay for what they did to her?

I don't think there is going to be a conviction, but at least the males have had to pay a price to some degree. If she had refused to prosecute they probably would have sold the tape on the Internet and gone on about their business.

I think anyone would regret partying with people who wrote slur words on your naked body and spit on you after you passed out.

My opinion is unless the woman is very strong and DOES have a desire to see justice done that she is almost always better of not going to court. The women usually lose in court, they get degraded by the defense lawyer and even when they win the sentences are usually light.

Even if this kid is convicted he is not going to get anything close to the 30 year sentence they talk about in the press.

[Alexandria]

xxx, there probably will be a conviction for something, I recall (and can look it up if you like) that the three of four young men involved were charged with 99 counts related to the alleged assault. The issue I have is with the hype that's built up around theis case, like the other cases I mentioned, and the disruption and damage that's done in the name of justice.

I think my words are sympathetic to the woman and women involved, I've know friends who have been victims like the girl in Napierville by the way, I just think that in the name of "justice" too many people -- from the state and nonprofit bureaucracies on down -- are calling for intervention and prosecution and in many, maybe most cases like these, there ought to be counseling and rehabilitation made available without a criminal case being brought.