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*NEW* 3rd Time Telephone Harasser Not Guilty Defendant charged by Homewood Police with Telephone Harassment for the third time with the same complainant. Defendant had previously pleaded guilty to similar charges while represented by other counsel. Defendant is charged with 3rd offense while on probation for the 2nd offense and facing significant jail time. Defendant hires Wigell & Associates Defense Team for new offense. Defendant is purported to have made an oral statement admitting to the harassing phone calls. Defense Team filed a Motion to Suppress Statements based on a 5th Amendment violation of Miranda Warnings. Motion granted-Case Dismissed. *NEW* Loaded 9mm in Car Avoids Felony Defendant charged by Chicago Police with Aggravated Unlawful Use of Weapon (UUW). Officer testifies that he stopped vehicle for traffic violation and upon approach observed driver drop magazine out of a handgun and put it in the glove compartment. Officer recovers weapon with one round in chamber and full magazine. During cross examination, officer unable to clarify how many total rounds of ammo recovered. Defense Team successfully argue that officer's credibility damaged by inconsistencies with ammunition, as well as his location when he observed the weapon upon approach. Vehicle had dark tinted windows. University graduate Defendant Not Guilty of Aggravated UUW, guilty of misdemeanor UUW and avoids felony conviction. *NEW* Handgun Found at Roadblock-Roadblock Declared Unconstitutional Chicago Police discover a loaded handgun in Defendant's vehicle during a roadside checkpoint and charged with Aggravated Unlawful Use of Weapon (UUW). Defense Team files a Motion to Suppress Evidence asking the Court to declare the roadblock unconstitutional. Referring to a United States Supreme Court case presented by Defense Team, Court determines that the roadblock was unconstitutional, Motion to Suppress Evidence granted, case dismissed. *NEW* Cocaine Found During Traffic Stop-Case Dismissed Orland Park Police respond to anonymous call that driver is smoking cannabis in his car. Defense Team files Motion to Suppress Evidence based on an illegal search and seizure. At hearing, officer testifies that he stopped vehicle for expired registration and asked Defendant for permission to search vehicle. Cocaine and drug paraphernalia recovered after search. On cross examination officer admits that he never detected any odor of cannabis or observed any other evidence that Defendant was smoking. Motion to Suppress granted, case dismissed. *NEW* Disgruntled Employee Acquitted of Alleged Bomb Threat Senior employee with close to 30 years on job is fired under suspicious circumstances and is charged by Orland Park Police with Disorderly Conduct. Employee is accused by Employer of threatening harm and destruction to the business. Employer offers to drop charges if Defendant doesn't claim unemployment, which is rejected by Defendant. At trial, two long-time friends and employees testify against Defendant, along with other members of management. The court finds the evidence, even in the light most favorable to the State, insufficient to convict. Motion for Directed Finding Granted-Defendant Not Guilty. *NEW* 4th Arrest for Telephone Harassment-Not Guilty Homewood Police arrest Defendant for a fourth time alleging that she made harassing telephone calls to a former paramour. Defendant facing jail time as she is still on probation from her second offense which she pleaded guilty to while represented by another attorney. Wigell & Associates discover during their investigation that the State will be unable to connect the phone calls to Defendant. Finding Not Guilty after Bench Trial. Double Attempted Murder w/Paralyzed Victim-Not Guilty w/Self Defense Defendant charged with Attempted First Degree Murder and Aggravated Battery with a Firearm on two separate complainants. Defendant allegedly shot both men, severely injuring one and paralyzing the other. Paralyzed victim testified from a gurney and will live in a nursing home for the rest of his life. Defendant asserted justifiable use of force (self defense). Wigell & Associates Defense Team elicited testimony from both complainants on cross examination that Defendant did not shoot first, an unknown third party behind complainants shot first. Not Guilty of all charges. EBay Fraud Reduced to Misdemeanor and Avoids Conviction Defendant charged in Will County Court with fraudulent EBay sales involving computers. Search Warrant was served by Frankfort Police seizing several computers and related hardware. Alleging dozens of thefts involving Ebay fraud, the prosecutor disclosed over 100 witnesses it intended to call at trial, some living as far away as Iceland and Puerto Rico. Wigell & Associates Defense Team was able to obtain Court Supervision on an amended misdemeanor theft charge, which results in no criminal conviction and is expugnable. NOT GUILTY OF MURDER-POINT BLANK SHOT TO BACK OF HEAD Defendant charged by Richton Park Police with first degree murder. Evidence at trial indicates that Defendant, while sitting in the back seat of the car shot driver of car at point blank range. Defendant raised affirmative defense of justifiable use of force (self defense). Defendant found not guilty of first degree murder. $1.5 MILLION DEMAND IN SEXUAL ASSAULT--$0 AWARDED Defendant sued for money damages arising out of an investigation for allegedly sexually assaulting a classmate at a boarding school. Plaintiff asked the jury for $1.5 million for damages. Finding in favor of Defendant, no money to Plaintiff/victim after jury trial. DELIVERY OF CONTROLLED SUBSTANCE DISMISSED Defendant charged by Chicago Heights Police and FBI with delivery of controlled substance to a confidential informant. Defendant facing mandatory 6-30 prison sentence upon conviction (Class X Felony). Wigell & Associates Defense Team files pretrial motion to exclude photo identification of Defendant on date of incident. Confidential informant unable to positively identify Defendant on date of trial. Prosecutors forced to dismiss case. Stungun in Carry-on Luggage--Case Dismissed As covered by Chicago ABC (channel 7), CBS (channel 2), and NBC (channel 5) news and Chicago Tribune/Chicago Sun Times. Defendant, a dual citizen of Nigeria and USA, arrested at O'Hare Airport after stungun found in carry-on bag at security checkpoint. Transportation Security Administration (TSA) guard found suspicious item during security screening. Defendant charged by Chicago Police with Unlawful Use of a Weapon (UUW) and Attempting to Board an Aircraft with a Weapon. Defendant was returning from missionary work in Nigeria when the stungun was found. At preliminary hearing, after extensive cross examination by the Wigell & Associates Defense Team, finding of no probable cause, case dismissed. Child Porn Found on Computer--Not Guilty Defendant took computer to Frankfort computer repair shop for repairs. Will County Sheriff notified by shop of suspect kiddie porn on hard drive. Defendant charged with felony Possession of Child Pornography in the Circuit Court of Will County. Defendant facing 2-5 years in prison and lifetime sex offender registration upon conviction. Defendant gave a video taped statement admitting to surfing the internet for child porn. Wigell & Associates retained internationally renowned forensic computer expert to examine computer hard drive and assist in defense. At trial, the Defense Team successfully argue that most images were downloaded while computer was in possession of repair shop. Additionally, through expert testimony it was established that the other images of child pornography which were on the hard drive were contained in unallocated, temporary internet, and recycle bin files, negating Defendant's intent and knowledge of possession. Defendant Not Guilty of all charges and lifetime registration as sex offender avoided. Defendant "Creepy" but Not Guilty of Touching 14 yr. Girl Defendant accused by 14 year old girl of inappropriate touching. Hazel Crest Police obtain a statement from Defendant where he admitted giving girl a massage on her thighs and buttocks. Defendant's 11 year old son testifies that he was present at all times and that Defendant never touched girl inappropriately. The Judge, in making his finding, indicated that while he found the Defendant guilty of "Creepiness" that the Defense had created a reasonable doubt, and therefore, found the Defendant Not Guilty. Citizen's Arrest Defense in Battery Defendant charged by Westmont Police with two counts of battery. Defendant at home with his daughter when five or more teenagers dressed in black with their faces masked egged the house and wrote "slut" on the sidewalk in spray paint. Defendant pursued them down the street and apprehended two of them.. A struggle followed and the police were called. At trial, Defendant asserts his right to make a citizen's arrest, Not Guilty of all charges. Building Manager Not Guilty of Solicitation of a Sexual Act Chicago Heights Police accuse Defendant of Soliciting a Sexual Act. Defendant is building maintenance manager of Chicago Heights apartment complex. Complaining witness is a tenant with three months back rent due. Complainant testifies that Defendant offered to eliminate back rent in exchange for sex. Not Guilty after Bench Trial. Defendant Acquitted of Criminal Trespass to Vehicle Defendant arrested by Tinley Park Police for Criminal Trespass to Motor Vehicle. Complainant, Defendant's ex-girlfriend, alleges that she picked Defendant up in the middle of the night to go to a motel. A verbal argument ensued and Defendant allegedly left in Complainant's car, stranding her at the motel with no way home. At trial, ex-girlfriend impeached on cross examination that vehicle was not hers. Finding Not Guilty. Disgruntled Employee Accused of Computer Tampering--Not Guilty Former employee accused of destroying company's inventory information from employer's computer system. Defendant contacted by Homewood Police to come in for questioning. A member of the Wigell & Associates Defense Team accompanies Defendant to police station where she asserts her 5th Amendment privilege against self incrimination. Police unable to sustain felony charges because no signed statement by Defendant. Defendant rejects all offers by State for plea bargain. Not Guilty after Bench Trial. Businessman Not Guilty of Theft Self employed businessman charged by Bolingbrook Police with theft of pallets. Defendant found behind a building with his van loaded full of pallets. At trial, Complainant and owner of the building testified that he stores pallets behind building. Cross examination of building owner revealed that the pallets are stacked so high that a forklift is required for removal. Defendant acquitted of all charges. Not Guilty on First Degree Murder Defendant charged in Chicago Heights drive by shooting. Defendant is alleged get-away driver and facing minimum of 20 years upon conviction. Defendant rejected negotiated disposition of 8 years in prison in exchange for his testimony against other co-defendants. Defendant not guilty after Jury Trial. Drugs Suppressed and Case Dismissed Defendant charged with Possession of Cannabis and Possession of Controlled Substance. Defendant arrested by Matteson Police with marijuana and mushrooms in backpack. Defendant signs consent to search his Chicago apartment where police found more marijuana. The Court granted Motion to Quash Arrest and Suppress Evidence finding no probable cause to stop. The marijuana found in the apartment was also suppressed as "fruit of the poisonous tree." Case dismissed. Not Guilty on Aggravated Battery of a Child Uncle charged with Class X felony to nephew. Defendant facing mandatory 6-30 year prison sentence upon conviction. Defendant alleged to have picked up child and body slammed head into basement floor in Lansing, Illinois. Alleged victim suffered fractured skull, chipped tooth, and facial rug burns. Finding not guilty after Bench Trial. Juvenile Sex Case Avoids Lifetime Sex Offender Registration Juvenile charged with Criminal Sexual Assault in Will County. Lifetime registration as a sexual predator required upon conviction. Wigell & Associates successful in having charge amended and reduced. Juvenile sentenced to supervision. Lifetime registration avoided. Corrections Officer Not Guilty in Attack on Inmate Illinois Department of Corrections officer charged with Felony Official Misconduct in attack on juvenile inmate in Dupage County. Injuries sustained by alleged victim. Fellow corrections officer testified for the prosecution that Defendant attacked inmate unprovoked. Finding not guilty after Bench Trial. Taste of Chicago Battery--Not Guilty College student charged with Battery after fight at Taste of Chicago. Alleged victim sustained severe mouth and facial injuries. Finding not guilty after Bench Trial. Failure to Register as Sex Offender--Case Discharged Defendant charged with Failure to Register as a Sex Offender. Wigell & Associates argue Defendant unfit to stand trial. Will County Prosecutors seeking extended term jail sentence. Defendant discharged after fitness hearing. Not Guilty on Domestic Battery with Injuries to Woman and Minor Child Defendant charged with Domestic Battery to ex-girlfriend and her 9 year old son in Riverdale, Illinois. Both complainants alleged Defendant cut them with a knife. Minor child treated in hospital with stitches for cut on foot. Impeaching evidence of Defendant's prior 30 year prison sentence for Aggravated Kidnapping and Home Invasion excluded at trial upon Motion by Wigell & Associates. Pictures of bloody footprints introduced at trial. Wigell & Associates argue that "blood" in photos was ketchup, and that minor injured by debris on floor. Finding not guilty after Jury Trial. Guns, Drug, and DUI Cases Dismissed Based on Unlawful Detention Defendant was charged with Possession of Controlled Substance, Unlawful Use of a Weapon, and Driving Under the Influence of Drugs. Defendant’s vehicle is searched, handgun and crystal meth found. Wigell & Associates filed a motion to suppress evidence. Motion to suppress granted, case dismissed.
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Saturday, May 17, 2008
Wigell & Associates, Ltd.
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