No Gun for Cop who Beat Woman

[Deanimator]

Anthony Abbate, the Chicago cop who savagely beat a female bartender more than 100lb.s lighter than himself, then threatened her to keep quiet, recently petitioned to have his gun returned! Contrary to all expectations, the judge said, "no".

http://www.suntimes.com/news/metro/433637,CST-NWS-abbate19.article

Judge won't let Abbate have gun
(http://www.suntimes.com/news/metro/433637,CST-NWS-abbate19.article)

June 19, 2007

BY ERIC HERMAN Staff Reporter/[email protected]
Chicago Police Officer Anthony Abbate -- charged with beating up a female bartender and then trying to intimidate witnesses -- tried to get his gun back Monday. But a judge said no.

Judge John Fleming, also presiding over the cases of seven Chicago cops from the elite Special Operations Section (SOS), declined to modify the conditions of Abbate's bond to allow him to carry a firearm.

"I seem to be the police misconduct court. I have not modified it in those [SOS] cases, so I'm not going to modify it now," Fleming said.

The SOS officers are accused of robbery and numerous other offenses in cases not related to Abbate.


Claims he was provoked
Abbate's lawyer, Peter Hickey, had asked that the restriction be lifted so Abbate, a 12-year police veteran, could be paid by the Police Department while under suspension.
Hickey asked Fleming to modify the bond conditions "so that Mr. Abbate can pay his everyday expenses, including his legal expenses."

In arguing his point, Hickey suggested the evidence would show Abbate's attack was provoked. He declined to elaborate.

Fleming granted Abbate, 38, permission to travel to Wisconsin, where his girlfriend has a summer house.

 

[jselvy]

He shouldn't be allowed possession of a weapon. He should be incarcerated. Maybe I'm not being Reasonable.

Jefferson

 

[spankaveli]

No gun? He shouldn't even be walking the streets.

 

[MechAg94]

It sounds like the lawyer wants him on paid suspension instead of unpaid. Apparently lack of a gun affects that I guess.

 

[1 old 0311]

Hope they lock the coward up.

 

[Deanimator]

He shouldn't be allowed possession of a weapon. He should be incarcerated. Maybe I'm not being Reasonable.

1. The story was that he was supposed to be FIRED. Does he think he's NOT going to be fired? Of course there is a certain degree of irony that the soon to be ex-Superintendent of Police moved to fire Abbate for a NON-fatal beating, but improperly interceded in the case of Officer Alvin Weems who MURDERED a guy on video, first giving him a thirty day suspension, then PROMOTING him to detective.

2. I'm a regular reader of http://secondcitycop.blogspot.com where you will regularly see other Chicago cops defend Abbate and claim that he SHOULDN'T be fired. Apparently, a certain percentage of his contemporaries believe that the Chicago Police Department would that much less for the absence of a man of Officer Abbate's unique qualities...

 

[Deanimator]

It sounds like the lawyer wants him on paid suspension instead of unpaid. Apparently lack of a gun affects that I guess.

Why hasn't he been fired yet?

His lawyer is claiming that he was "provoked", certainly an interesting argument for his "innocence". I wonder how many non-cops in Chicago are acquitted of aggravated assault on a policeman because they were "provoked"?

It is a 100% certainty that the Chicago FOP lodge will back him to the bitter end...

 

[Specialized]

Agreed, this judge's actions were commendable and a very pleasant surprise. I know they say "cameras don't always tell the whole story", and I've seen cases where this is true, but where I'm from there is absolutely no justification whatsoever for teeing up a woman who weighs less than half what this guy does, no matter what the "provocation". In this case, the bartender, the video, and the witnesses say all she did was cut him off -- he was drunk and getting belligerent, and she was doing her job. In IL, she can lose her job or even get sued or charged for over-serving a customer, if that customer later gets into an accident. She did the right thing, and got the crap beat out of herself for her trouble.

Not that I'm surprised. The Chicago Police Department is the most lazy and heavy-handed I've ever seen, and they get away with (sometimes quite literally) murder on a regular basis. While the gangs run wild throughout the city and organized crime still holds its pervasive influence over the system of cronyism that is the city and state government, the CPD focuses their efforts on harassing law-abiding citizens over issues they don't agree with. A good example is their treatment of gun owners and gun shops, whether they're in the confines of Chicago or not. The CPD is controlled by the mayor, Richard Daley, who has appointed a string of Village Idiots as "police superintendents" -- figureheads. When the heat from police actions starts to rise, he just fires the Idiot and brings in another one. The difference between a Superintendent of Police and a Chief of Police is that the former leaves his balls (and what little brain he has) in Daley's refrigerator before he dons the uniform. And that's just the way he likes it. I have worked with and for police departments before (non-sworn positions), but I have never seen one that so poorly protected its citizenry for so long. There are good cops in the CPD, and a lot of them, but even they are overwhelmed by the systemic problems in management and administration. The CPD and Daley lost control of crime in this city years ago, and now all they can do is stalk the law-abiding and blame everything else on inanimate objects.

If this Abbate guy is convicted, I hope they put him in prison in the general population. He'll be with his own kind, and they have a harsh code of conduct and punishment for dealing with their own in cases involving the abuse of women or children. Unfortunately, they can't ship him to New York so the NYPD could administer the toilet-plunger-handle treatment. Apparently that would be "cruel and unusual", since Abbate isn't a civilian immigrant. Whatever happens, I hope he gets what he deserves, as publicly and graphically as possible.

But hey, as these myopic Chicagoans would say, Look at the bright side -- at least he refrained from charging the bartender with Impersonating a Pinata.

 

[MrRezister]

If he doesn't have his gun, how will he follow up on all his threats to his victim? Since he didn't go to jail, I have to assume his offense was not bad enough to keep him from having access to his weapon, right? I think this ruling has serious consequences - it clearly undermines the authority of our off-duty police officers.

 

[jselvy]

Is it possible to cede Chicago to Quebec?

Jefferson

 

[madmike]

Impersonating a pinata...that's classic.

And so Shicago.

I hope they toss him in the GP.

 

[Deanimator]

If this Abbate guy is convicted, I hope they put him in prison in the general population. He'll be with his own kind,

You are far more correct than you know.

Abbate was hired against department policy, even though he had a criminal record. I believe his father is/was a longtime cop. His brother, who started a fistfight in a bar with a visiting DC cop on St. Patrick's Day is also a cop.

 

[madmike]

Abbate was hired against department policy, even though he had a criminal record. I believe his father is/was a longtime cop. His brother, who started a fistfight in a bar with a visiting DC cop on St. Patrick's Day is also a cop.

Shades of A Clockwork Orange.

Anthony Burgess must be spinning in his grave.

 

[Crunker1337]

It's quite disturbing to see how much of a JBT breeding center Chicago has become (SOS), so I'm glad at least this one judge is doing his job.

 

[Carl N. Brown]

This is not bashing cops: this is the Chicago PD, not real cops

If I were charged with beating up a bartender period for a reason
like the bartender refused to serve me after I was sloshed, the
judge would take my carry permit and mail it to the state
department of safety, and I would probably never see it again.
If convicted, I would be barred from ever owning a gun.
One rule for all, I say, one rule for all.

 

[Lupinus]

That's a hell of a surprise to be honest.

The guy (I wont call him a man) should be thrown into the general population of the worst federal pen in the country. Let alone have his gun returned or remain on the payroll.

 

[Kali Endgame]

I hope he gets prison time and a very friendly cell mate. What he did is aggravated assault to the rest of us, but he'll get of light. They will drag the case out long enough so that people forget and slap him on the wrist.

 

[jselvy]

I he does any serious prison time in G-Pop I'll eat my hat.
Laws don't apply to LEO's

Jefferson

 

[Zoogster]

Well I don't know the story, however it sounds like he "beat" her? Most places that is a battery charge, a misdemeanor, which for a first time offending LEO would not likely result in any time in jail. If some object was used in the beating that would of course change things. If he was acting as an officer of the law while this took place that could change things as well. Intimidating witnesses could also change it.

However lets remember that the punishment needs to fit the crime. Someone being stupid and hitting someone while drunk is not a lock someone up and throw away the key offense. As a police officer perhaps a career altering offense. Yet cell buddies, worst prison, and the "I hope he burn sentiments" expressed because someone commited a misdemeanor offense is a bit overkill.

If convicted, I would be barred from ever owning a gun.

For a misdemeanor?
If that was the case any guy that punched some other guy in a bar would be prohibited. I guess then I could come flirt with your wife, tell you to shove it, and ask her sexual questions, and if you touched me you would forever lose your right to have a firearm? If she touched me the same would apply. Does that sound fair? Some things, while still wrong, do not need felony punishment across the board. Yet the law is supposed to be black and white. You cannot excuse it in some situations, and condemn it in others when the actions taken in both are the same exact violation of the law.

He has yet to have his day in court, and if it was provoked, the law is not supposed to be sexist or discriminatory. Drunk person attacks other person, inflicting no serious damage is a misdemeanor offense.

Demonstrates he is unfit to be treated above and beyond mere mortals in Chicago, certainly, if true.

Yes it hurts twice as much when an officer of the law betrays the trust of the community, especialy when said communities have given them extraordinary rights above others. However they are still people, due a fair day in court, with punishments similar to others.

Of course someone doing the same to this officer would have been guilty of a felony. Normal citizens cannot have firearms or many other rights enjoyed by officers in Chicago. Had this person successfuly defended themselves, perhaps with some instrument (weapon of some sort) due to the disparity of force they would probably be going to prison for a long time.

So the issue here is really police getting extra protections and privelidges by the law, essentialy making different legal classes of citizens, which total contradicts the all men are equal under the law basis of our legal system. Which contributes to people having a bias against them.

 

[LoverOfLiberty]

They should just shoot him. Ten cents, problem solved.

No, I'm not serious at all, but that made me feel better.

 

[jselvy]

Zoog,
I've seen the video. This was no ordinary beating this was felonious assault and battery. It looks like he was trying to kill her.

Jefferson

 

[texas bulldog]

zoogster,
did you actually see the video of the beating? i'll agree that film may not tell the whole story, but it's not like he just reached out and slapped her a bit. no alleged provocation could possibly justify that sort of response. i don't care if she insulted his mother. you just don't get to go around beating the living crap out of people. to respond like that to someone doing their job, even if rudely, is not something normal people do. this guy has serious issues that probably ought to keep him away from polite society for awhile.

 

[Coronach]

Why hasn't he been fired yet?

In almost every department, if a criminal case is proceeding against someone, the PD waits until the criminal case is over to administratively sanction/terminate. Why? Multiple reasons:

1. Conviction can have a bearing on the administrative outcome. Might as well get all of your ammo ready if you're going to fight civil service.

2. All people in the USA have constitutional rights (in these cases, of particular importance is the right to remain silent) and they must be afforded to an officer, just like anyone else. However, the officer doesn't have the option of not answering questions about what happened when asked by his superiors. He cannot plead the fifth to his superior officer.

This creates a major problem for prosecution. If a cop commits a crime and the department proceeds with administrative charges against him (read: tries to fire him), they can do the administrative investigation, order him to tell what happened, he can say "yep! I did it!" and they'll fire him...and that confession will be inadmissable in court because he was not afforded his 5th amendment rights.

So, what happens is this: the police department puts the adminsitrative investigation on hold, refers the case to the prosecutor for prosecution. Once the prosecution is over with, the administrative case is taken up. That way, an officer is still afforded his constitutional protections and can be prosecuted fully, and the administration can still order him to tell them what happened, and all of the evidence (both from the criminal case and the administrative investigation) can be used against him to get him fired. In the meantime, the officer is usually cooling his heels behind a desk somewhere, deep in the bowels of headquarters, making photocopies or doing data entry.

3. The criminal case is usually overwhelming more important than any administrative case, so they absolutely will process the criminal one first.

Mike

PS Unless this guy has some sort of reason for doing what he did (what that could possibly be, I have NO idea), he absolutely should be convicted, incarcerated, and fired.

 

[Mannix]

If anyone wants to question the charge, watch the video.

Living expenses? He shouldn't have to worry about that, he should be in a nice 10' by 10' in the state pen, preferably with a very "friendly" cell mate.

 

[jselvy]

I really think this guy needs to be Danny Deevered.

Jefferson