Professional Documents
Culture Documents
Part 2 - May Through October
Part 2 - May Through October
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Just FYI-this was approved by OLA, but I don't believe it has gone out. I reached out FOIA and am waiting for
confirmation on the status.
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Collins, Adam
Friday, May 01, 2015 7:11 PM
Jim Roussell;Rountree, Janey
Fwd: FOIA response on Gorner McDonald FOIA response
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JustwantedtocirclebackonourconversationinthepasthourtoremindyouandourMPOcolleaguesthatLawwill
sendanoticeouttoalloftheofficersnamedintheCityssettlementagreementontheLaQuanMcDonaldcaseatthe
samewesendouttheresponsetotheFOIAtoJeremyGorner(sometimeearlynextweekpresumably).Wewillalso
sendoutnoticestotheFOP,andsergeantsandlieutenantsunions,whicheachwillalsogetcopiesofthesettlement
agreement.
PerLyndaPeters,thispracticeisconsistentwithhowCPDhashandledsimilarsituations.
Letmeknowifyouhaveanyquestions.
Haveagreatweekendandletshopeforrelativecalmforourmenandwomeninblue.
JohnHolden
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Roussel)
Friday, May O1, 2015 7:13 PM
Price; Ralph M.; Maloney; Martin
Sedevic; Mark T.
Fw: Fwd: FOIA response on Gorner McDonald FOIA response
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Holden, John
Monday, May 04, 2015 3:36 PM
Patton, Stephen;Darling, Leslie
Breymaier, Shannon;Collins, Adam
WSJ and Zekman inquiries on police settlements
HelloAll
IgotaphonecallthisafternoonfromWallStreetJournalreporterZushaElinsonwhoinformedmeheispartofateam
workingonastoryaboutwhatthetop15lawenforcementagenciesinthenation(policeandsheriffsdepartments)
havebeenpayingoutinsettlementsandjudgmentsstemmingfromallegedpolicemisconduct.
Hehadalreadybeenonourwebsitelookingatthesettlementandjudgmentdatawepostedandinquiredastothe
meaningofsomeofthenomenclatureweareusingonthespreadsheet,CPDSAandCPDPP.(Ihavenotsharedthisyet,
butFYI,thetermsstandforCPDSquadAccidentandCPDPolicePractice.)
ElisonalsohadseenpastnewscoverageoftheLaQuanMcDonaldsettlementandsaidhehadafewquestionsonthat
matterincluding,whywesettledbeforeasuitwasfiledandwhywehaveprecludedthereleaseofthevideo,bothof
whichwehaveansweredpreviouslyandtowhichwrittenanswerscanbesupplied.
Finally,heaskediftherewereanyrecentorcurrenteffortsunderwaytotrytominimizetheCitysexposureonalleged
policemisconductcases.
MinuteslaterIgotacallfromPamZekmanaskingaboutthesameexactcodesontheCityswebsite.Shealsoasked
throughwhichdepartmentclaimsaresubmittedbecauseshewasplanningtoFOIAtheoriginalclaimsthatwerefiled.I
toldherIwouldseewhatIcouldlearn.
John
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FYI
From: Haughey, Thomas R.
Sent: Monday, May 04, 2015 07:55 PM
To: Diaz, Martha-Victoria <[email protected]>
Cc: Maloney, Martin; Rottner, Jennifer E.
Subject: FOIA Request 15-2313 Gorner
Good evening:
Please review the attached letter to Mr. Jeremy Gorner, Chicago Tribune. Mr. Gorner requested the entire personnel file
of Officer Jason Van Dyke #9465.
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Subject:
Holden, John
Wednesday, May 06, 2015 6:35 PM
Breymaier, Shannon
Patton, Stephen;Darling, Leslie
Wall Street Journal story will not run tomorrow
ThereportersaidtheyhavebeenheldupwaitingforinformationfromtheCityofPhoenix,butheisstillhopefulthat
theywillhavethatresolvedtomorrowandthatthestorywouldrunFriday.
HealsoinformedmethattheLaQuanMcDonaldsettlementwillbefeaturedinthestory,andthattheyhavetalkedto
independentobserversincludingtriallawyersandacademicsaboutthesizeofthesettlementandthatsomehave
opinedthatthecurrentclimateinthenationandthepowerofvideosmaybemakingsettlementsmuchhigherforallin
theyearsahead.
HeaskedifitwouldbepossibletogetStevestestimonyfromtheFinanceCommitteeonthematteroratthevery
leasttheportionofthetestimonythatmightaddresswhythematterwassettledwithoutsuitandtheysizeofthe
settlement.ForconsiderationinresponsetothatisthepassagebelowfromtheconclusionofStevespresentationto
theFinanceCommittee:
TheproposedsettlementwasinitiatedbythecounselfortheEstate,whoexpressedthedesiretoresolvethecase
withoutlitigation.Itiscomparabletoothersettlementsinfatalshootingsinwhichtheevidenceinsupportofliability
weighedstronglyinfavorofthedecedent.Thesettlementavoidslongandcostlylitigation,includingsubstantial
attorneysfeesandotherlitigationcosts.
Ilookforwardtoyourthoughts.
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Holden, John
Wednesday, May 06, 2015 7:33 PM
Breymaier, Shannon;Darling, Leslie
Re: Wall Street Journal story will not run tomorrow
Itoldhimthatwaslikelythecase.Soitsjustthehighlightedpassagewearelookingatfortheresponse.
From:Breymaier,Shannon
Sent:Wednesday,May6,20157:30:08PM
To:Darling,Leslie
Cc:Holden,John
Subject:Re:WallStreetJournalstorywillnotruntomorrow
Thenthat'stheanswer,
From:Darling,Leslie
Sent:Wednesday,May6,20157:28:17PM
To:Breymaier,Shannon
Cc:Holden,John
Subject:Re:WallStreetJournalstorywillnotruntomorrow
OnMay6,2015,at7:24PM,Breymaier,Shannon<[email protected]>wrote:
Wedon'tusuallysharethefullscript.I'llhavetogettheexcerptapprovedintheAM
From:Holden,John
Sent:Wednesday,May6,20157:22:13PM
To:Breymaier,Shannon
Cc:Darling,Leslie
Subject:RE:WallStreetJournalstorywillnotruntomorrow
ShannonStevewaso.k.withtheexcerptofhisquotefromhisFinanceCommitteepresentationonthe
McDonaldcase.(Highlightedbelow.)Healsowasfinewithsendingtheentiretextofhispresentation
unlessyouand/orLesliehadconcerns.
ThereportersaidtheyhavebeenheldupwaitingforinformationfromtheCityofPhoenix,butheisstill
hopefulthattheywillhavethatresolvedtomorrowandthatthestorywouldrunFriday.
HealsoinformedmethattheLaQuanMcDonaldsettlementwillbefeaturedinthestory,andthatthey
havetalkedtoindependentobserversincludingtriallawyersandacademicsaboutthesizeofthe
settlementandthatsomehaveopinedthatthecurrentclimateinthenationandthepowerofvideos
maybemakingsettlementsmuchhigherforallintheyearsahead.
HeaskedifitwouldbepossibletogetStevestestimonyfromtheFinanceCommitteeonthematter
orattheveryleasttheportionofthetestimonythatmightaddresswhythematterwassettledwithout
suitandtheysizeofthesettlement.Forconsiderationinresponsetothatisthepassagebelowfromthe
conclusionofStevespresentationtotheFinanceCommittee:
TheproposedsettlementwasinitiatedbythecounselfortheEstate,whoexpressedthedesireto
resolvethecasewithoutlitigation.Itiscomparabletoothersettlementsinfatalshootingsinwhichthe
evidenceinsupportofliabilityweighedstronglyinfavorofthedecedent.Thesettlementavoidslong
andcostlylitigation,includingsubstantialattorneysfeesandotherlitigationcosts.
Ilookforwardtoyourthoughts.
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Collins, Adam
Thursday, May 07, 2015 8:46 AM
Marty Maloney
Fwd: (NEWS) NY TIMES: Chicago to Pay $5 Million to Victims of Police Abuse
Follow Up Flag:
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Association,anonpartisanwatchdoggroup.AndyShaw,wholeadstheassociation,saidthecitycouldhave
usedthemoneytohiremorepoliceofficersorteachers,ortobalancethecitystroubledbudget.
Morethan20yearsafterMr.BurgewasfiredfromtheChicagoPoliceDepartment,somepeopleinthecitys
toughestneighborhoodssaythatdealingswiththepolicehavegrowntense,particularlyinthelastfewyears
ascityofficialsworkedtotampdownahighhomicideratelinkedtoapervasivegangproblem.
Idontseethetimesbeingbetteratall,saidMarkClements,50,atorturevictimwhosenamewasreadat
theCouncilmeetingonWednesday.Iseethesetimesmoresoasbeingtimesofnearriot.
Latelastmonth,GarryMcCarthy,thecityspolicesuperintendent,announcedplansforatouraroundthecity
aimedatbuildingtrustbetweenpoliceandresidents.Andpoliceofficialssaytheyhaveworkedtomakeother
improvements,too:expandingbikeandfootpatrolsinneighborhoods,creatingcommunitypolicingofficesin
allpolicedistricts,andlaunchingapilotprogramforbodycameras.
Inastatement,theChicagoPoliceDepartmentsaid:JonBurgesactionsareadisgracetoChicago,tothe
hardworkingmenandwomenofthepolicedepartment,andmostimportantlytothosehewasswornto
protect.MayorEmanuelandSuperintendentMcCarthyhavezerotoleranceforanymisconduct.
ThecasesrelatedtoMr.Burgeandtheofficersunderhiscommandhadplaguedthiscityfordecades.In2010,
specialprosecutorsissuedareportcorroboratingtheabuseclaims.Bythen,though,statutesoflimitationon
abusechargeshadrunout.Instead,Mr.Burgewasconvictedin2010ofperjuryandobstructionofjustice;he
completedhisprisonsentencethisyear.
ReachedbyphoneathishomeinFlorida,Mr.Burgedeclinedtocommentonthereparations.
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Rahm Emanuel
Mayor
Garry F. McCarthy
Superintendent of Police
May 4, 2015
Jeremy Gorner
c/o: Chicago Tribune
[email protected]
RE:
Mr. Gorner:
The Chicago Police Department is in receipt of your Freedom of Information Act (FOIA) request in which you
state:
"I'm filing a request under the Illinois Freedom of Information Act for the entire personnel file for
Chicago Police Officer Jason Van Dyke (Star# 9465). I've already requested records pertaining
to Van Dyke's complaint history (FOIA-15-056-118), which I'm still awaiting. But now, I'm also
requesting all records in his personnel file. This request includes, but is not limited to, any
awards, commendations and complementary letters from citizens or other law enforcement
personnel."
A request by this Office was delivered to the Human Resources Division, Chicago Police Department, for the
file you sought which yielded (46) pages of documents responsive to your request. The request was timely
responded to and an extension request of five days was delivered. You are now timely provided with the
partially redacted responsive documents.
Upon review, it was determined that your request is granted in part and denied in part, requiring certain
redactions. The redacted information is exempt from disclosure under the following provisions of the FOIA:
5 ILCS 140/7 (1)(b) Private information, unless disclosure is required by another provision of this Act, a
State or federal law or a court order.
5 ILCS 140/2(c-5) "Private information" means unique identifiers, including a person's social
security number, driver's license number, employee identification number, biometric identifiers,
personal financial information, passwords or other access codes, medical records, home or
personal telephone numbers, and personal email addresses. Private information also includes
home address and personal license plates, except as otherwise provided by law or when
compiled without possibility of attribution to any person.
5 ILCS 140/7 (1)(c) Personal information contained within public records, the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy.
Information withheld under 7(1)(b) is the home addresses, personal telephone numbers, and biometric
Emergency and TTY: 9-1-1 Non Emergency and TTY: (within city limits) 3-1-1 Non Emergency and TTY: (outside city limits) (312) 746-6000
E-mail: [email protected] Website: www.cityofchicago.org/police
identifiers of private individuals. The unique computer logon identifiers and employee numbers of Department
personnel have also been withheld under this section. Information withheld under 7(1)(d)(iv) are the names
of private individuals who aided in law enforcement investigations (i.e., references provided in background
investigations). And, dates of birth, the names and addresses of former employers, and Social Security
numbers have been withheld, as well as the photocopy of the subject's birth certificate contained in the file
being withheld in full in accordance with 7(1)(c). The release of the information withheld under 7(1)(c) would
be a clear violation of the subject's privacy and would serve no legitimate purpose if released.
If you require further assistance, you may contact this office at (312) 745-5308, or by mail at the below
address.
Chicago Police Department
Attention: Freedom of Information Officer
Office of Legal Affairs Unit 114
3510 S. Michigan Ave.
Chicago, IL 60653
To the extent that you consider this a denial, you have a right of review by the Illinois Attorney Generals Public
Access Counselor (PAC). You can file a request for review by writing to:
Public Access Counselor
Office of the Attorney General
500 S. 2nd Street
Springfield, Illinois 62706
Phone: 312-814-5526 or 1-877-299-FOIA (1-877-299-3642)
Fax: 217-782-1396 E-mail: [email protected]
If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of
this letter. 5ILCS 140/9.5(a). When filing a Request for Review, you must include a copy of the original FOIA
request and this letter. You may also seek judicial review of a denial under 5 ILCS 140/11.
_________________________
P.O. T. Haughey #6300
Freedom of Information Officer
Chicago Police Department
3510 S. Michigan Ave.
Chicago, IL 60653
From:
Sent:
To:
Subject:
Rottner
Friday, May 08, 2015 3:50 PM
Price; Ralph M.; Maloney; Martin; Roussell; lames M.
Re: FOIA Request 15-2313
Thanks!
From: Price, Ralph M.
Sent: Friday, May 08, 2015 03:39 PM
To: Maloney, Martin; Roussell, James M.
Cc: Rottner, Jennifer E.
Subject: FW: FOIA Request 15-2313
FYI, this is going out today
From: Haughey, Thomas R.
Sent: Friday, May 08, 2015 3:23 PM
To: Price, Ralph M.
Subject: FW: FOIA Request 15-2313
FYI
From:
Sent:
To:
Cc:
Subject:
Attachments:
Price
Friday, May 08, 2015 3:40 PM
Maloney; Martin; Roussell; James M.
Rottner; Jennifer E.
FW: FOIA Request 15-2313
file redacted.pdf; 15-2313 Gorner b,c, div.pdf
From:
Sent:
To:
Subject:
Roussel)
Monday, May 11, 2015 1:38 PM
Rivera; Juan J.; Welch Iii; Eddie L.; Klimas; Robert J.; Deenihan; Brendan D.
Fw: FBI?
FOP's monthly newsletter states that the FBI is conducting an apparently wide-ranging investigation into past policeinvolved shootings. The item says FBI agents have been showing up at the homes of Chicago Police officers and trying to
interview them. Apparently, this is not limited to LaQuan McDonald. Can you ask Steve whether he can confirm that
there is, in fact, an FBI investigation of police-involved shootings that goes beyond the LaQuan McDonald case. On
deadline ASAP. Hope all is well.
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Collins, Adam
Monday, May 11, 2015 2:02 PM
Breymaier, Shannon;Franklin, Liza
Patton, Stephen;Darling, Leslie;Platt, Thomas;Holden, John;Quinn, Kelley;Rountree,
Janey
RE: Fran on police investigations?
Ok.IlldoitOTR,unlesstheressomeburningreasonpeopleseetodootherwise
JusttalkedtoRoussellatCPDwhoconfirmedthisisnottruejustlikeitwasntwhentheSTheardthisfromsourceslast
fall.
WhogetstocallFran?
TheonlytimeIheardofthisiswhenIreadtherumoronSecondCityCop.
SentfrommyiPhone
OnMay11,2015,at1:36PM,Collins,Adam<[email protected]>wrote:
RoussellatCPDalsohasnotheardofthis.Heischecking.
1
Franneedstobecarefulhere.
ImonthephonewithIPRArightnow.Larryisnotaware,butIllaskScottAndotoo.
Franshouldbereallycarefulhere.TheSTranastorythatmadesimilarallegationslastfallandDOJ
actuallyissuedastatementsayingitwasnottruewhichisreallyunprecedented.
+Janey
Shannon Breymaier
O: 312-744-9045 C:
[email protected]
We just got the following from Fran. Any idea what this is about? Doubt were in a position to
confirm, but please advise.
Thanks,
Shannon
FOPsmonthlynewsletterstatesthattheFBIisconductinganapparentlywideranginginvestigationinto
pastpoliceinvolvedshootings.TheitemsaysFBIagentshavebeenshowingupatthehomesofChicago
Policeofficersandtryingtointerviewthem.Apparently,thisisnotlimitedtoLaQuanMcDonald.Can
youaskStevewhetherhecanconfirmthatthereis,infact,anFBIinvestigationofpoliceinvolved
shootingsthatgoesbeyondtheLaQuanMcDonaldcase.OndeadlineASAP.Hopealliswell.
Shannon Breymaier
O: 312-744-9045 C:
[email protected]
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intended recipient of this e-mail (or the person responsible for delivering this document to the
intended recipient), you are hereby notified that any dissemination, distribution, printing or
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Quinn, Kelley
Monday, May 11, 2015 2:14 PM
Collins, Adam;Breymaier, Shannon;Franklin, Liza
Patton, Stephen;Darling, Leslie;Platt, Thomas;Holden, John;Rountree, Janey
RE: Fran on police investigations?
Follow Up Flag:
Flag Status:
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Great
Shesoffthe(non)story
JusttalkedtoRoussellatCPDwhoconfirmedthisisnottruejustlikeitwasntwhentheSTheardthisfromsourceslast
fall.
WhogetstocallFran?
CHAIN CONTINUES AS
PREVIOUSLY PRODUCED
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ScottM.Ando
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HeyScott
Wereceivethebelowmediainquiry,buthavenotheardanythinglikethis.Haveyou?IknowtheSunTimesranasimilar
storylastfallandtheyhadtobacktrackbecauseitwasnttrue.Tryingtofigureoutifthisisthesamekindofissue..
FOPsmonthlynewsletterstatesthattheFBIisconductinganapparentlywideranginginvestigationintopastpolice
involvedshootings.TheitemsaysFBIagentshavebeenshowingupatthehomesofChicagoPoliceofficersandtryingto
interviewthem.Apparently,thisisnotlimitedtoLaQuanMcDonald.IsthereinfactanFBIinvestigationofpolice
involvedshootingsthatgoesbeyondtheLaQuanMcDonaldcase.
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1
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
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Subject:
Breymaier, Shannon
Tuesday, May 12, 2015 10:04 AM
Holden, John;Martin Maloney;Collins, Adam
Re: Media Inquiry - NBC5
Follow Up Flag:
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No,Stevedoesn'tneedtoapprove.
From:Holden,John
Sent:Tuesday,May12,20159:54:10AM
To:Maloney,Martin;Collins,Adam;Breymaier,Shannon
Subject:RE:MediaInquiryNBC5
Thisisallstuffthathasbeensaidbefore.IdontthinkIneedtorunitbyaveryswampedSteveP.,butcantryifits
thoughttobeessential.
AttachedistheletterthatwassenttoGorneronFriday.Ihavehighlightedtherelevantlanguageontheissueofwhat
cantbeturnedovernowandwhy.
FYI,Ihavenotyetheardbackfromhimontheissueofnarrowinganyareasofhisrequest.
Canyouaddsomethinginhereabouthowwewouldntwanttointerferewiththeinvestigation?
LetsgetalinewereokwithandJohnshouldrunitbyPatton
AgreeonCPDanswering.
Itssweeps,andImcuriouswhattheirstorywillsay.Idontthinktheresanynewinfooflate.Possiblyaninterviewwith
arelativeoralawyer?
Idon'tthinkthatisthelanguageweused.John,canyoupleasepullwhatwassaidpreviously?AndI'dprefercpdto
answer,notlaw,sincealltheQsareaddressedtocpd.
From:Maloney,Martin<[email protected]>
Sent:Tuesday,May12,20159:10:26AM
To:Collins,Adam;Holden,John;Breymaier,Shannon
Subject:MediaInquiryNBC5
Please see the questions below from Carol and Don. Not sure if we can say anything about this beyond
what I have below, but wanted to check with you
Let me know what you think. Obviously the Supt. wont be doing an interview. But I think Holden
addressed this at some point and didnt know if DOL could/should provide Carol with that info.
2
From: [email protected]
Date: May 12, 2015 at 9:17:32 AM CDT
To: [email protected]
Cc: [email protected]
Subject: Channel 5 story
Marty,
Carol Marin and I are working on a story that we anticipate will air early this week regarding the Laquan
McDonald shooting. And we have a a couple of questions:
1: Are the dashboard cameras that CPD uses in its vehicle equipped with audio recording devices?
2: Did the dashboard camera that captured video of the incident at 41st and Pulaski involving CPD
officers and McDonald have audio?
3: We would like to interview the Superintendent regarding the officer-involved shooting that night. Is that
possible?
4: If it is not, does CPD have a statement regarding the shooting and the subsequent investigation by the
FBI and the Cook County State's Attorneys office?
5: Has CPD been served with subpeonas regarding the investigation?
If you have questions you can contact me (773-793-1566) or Carol (312-545-6813).
As always, many thanks,
Don Moseley
Marin Corp Productions
NBC5 News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
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Subject:
Maloney
Tuesday, May 12, 2015 10:56 AM
Escalante; John J.
RE: A couple of specifics about tonight's story
312-745-6110
further they state some witnesses were taken to Area One where "they were screamed at and told to change their
story." They also say officers did not video or audio tape those witness statements.
And one of our original questions remains about whether or not the dashboard camera on the unit that recorded the
events that night is equipped with an audio-capturing device.
Thanks,
Don
Don Moseley
Marin Corp Productions
NBC5 News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
Marty,
Below is Don Moseley's email to you.
We look forward to a response as soon as possible.
Best, CM
Carol Marin
mobile 312.545.6813
email carolmarin(a~aol.com
Political Editor/NBCS News
Political Columnist/Chicago Sun-Times
Contributor/WTTW "Chicago Tonight"
Don Moseley
Begin forwarded message:
z
From: dmose92480(c~aol.com
Date: May 11, 2015 at 9:17:32 AM CDT
To: Martin.Maloney(a~chicagopolice.orq
Cc: Carolmarin(a~aol.com
Subject: Channel 5 story
Marty,
Carol Marin and I are working on a story that we anticipate will air early this week regarding the Laquan
McDonald shooting. And we have a a couple of questions:
1: Are the dashboard cameras that CPD uses in its vehicle equipped with audio recording devices?
2: Did the dashboard camera that captured video of the incident at 41st and Pulaski involving CPD
officers and McDonald have audio?
3: We would like to interview the Superintendent regarding the officer-involved shooting that night. Is that
possible?
4: If it is not, does CPD have a statement regarding the shooting and the subsequent investigation by the
FBI and the Cook County State's Attorneys office?
5: Has CPD been served with subpeonas regarding the investigation?
If you have questions you can contact me(773-793-1566) or Carol (312-545-6813).
As always, many thanks,
Don Moseley
Marin Corp Productions
NBC5 News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
From:
Sent:
To:
Subject:
Escalante
Tuesday, May 12, 2015 11:01 AM
Roy; Eugene J.
FW: A couple of specifics about tonight's story
I just talked to Marty. I explained to him you were Commander of Central at the time and have good working knowledge
of what happened. I was at CPMF Board this morning. I'm at Academy now working from here and then going to PERF
Meeting at noon at County Hospital.
John J. Escalante
Chief
Bureau of Detectives
312-745-6001
Thanks,
~.,
Don Moseley
Marin Corp Productions
NBCS News
Marty,
Below is Don Moseley's email to you.
We look forward to a response as soon as possible.
Best, CM
Carol Marin
mobile 312.545.6813
email carolmarin~a,aol.com
Political Editor/NBCS News
Political Columnist/Chicago Sun-Times
Contributor/VVTTW "Chicago Tonight"
-----Original Message----From: Don Moseley <dmose92480(a~aol.com>
To: Carol Marin <carolmarin(a~aol.com>
Sent: Mon, May 11, 2015 4:49 pm
Subject: Fwd: Channel 5 story
Don Moseley
Begin forwarded message:
From: dmose92480na.aol.com
Date: May 11, 2015 at 9:17:32 AM CDT
To: Martin.Maloney(c~chicagopolice.orq
Cc: CarolmarinCcc7aol.com
Subject: Channel 5 story
Marty,
Carol Marin and I are working on a story that we anticipate will air early this week regarding the Laquan
McDonald shooting. And we have a a couple of questions:
1: Are the dashboard cameras that CPD uses in its vehicle equipped with audio recording devices?
2: Did the dashboard camera that captured video of the incident at 41st and Pulaski involving CPD
officers and McDonald have audio?
3: We would like to interview the Superintendent regarding the officer-involved shooting that night. Is that
possible?
4: If it is not, does CPD have a statement regarding the shooting and the subsequent investigation by the
FBI and the Cook County State's Attorneys office?
5: Has CPD been served with subpeonas regarding the investigation?
If you have questions you can contact me (773-793-1566) or Carol (312-545-6813).
As always, many thanks,
Don Moseley
Marin Corp Productions
NBC5 News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
From:
Sent:
To:
Cc:
Subject:
Roy
Tuesday, May 12, 2015 11:15 AM
Maloney; Martin
Escalante; John J.
RE: A couple of specifics about tonight's story
Thanks,
Don
Don Moseley
Marin Corp Productions
NBC5News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
Marty,
Below is Don Moseley's email to you.
We look forward to a response as soon as possible.
Best, CM
Carol Marin
mobile 312.545.6813
email carolmarin(a~,aol.com
Political Editor/NBCS News
Political Columnist/Chicago Sun-Times
Contributor/WTTW "Chicago Tonight"
Don Moseley
2
From:
Sent:
To:
Subject:
Roy
Tuesday, May 12, 2015 11:18 AM
Escalante; John J.
RE: A couple of specifics about tonight's story
10-4. Due to the fact that there's an ongoing investigation, I think we should issue a generic statement and politely decline
to discuss specifics.
Thanks,
Don
Don Moseley
Marin Corp Productions
NBC5News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
Marty,
Below is Don Moseley's email to you.
We look forward to a response as soon as possible.
Best, CM
Carol Marin
mobile 312.545.6813
email carolmarin(a~,aol.com
Political Editor/NBCS News
Political Columnist/Chicago Sun-Times
Contributor/WTTW "Chicago Tonight"
-----Original Message----From: Don Moseley <dmose92480(a~aol.com>
To: Carol Marin <carolmarin(a~aol.com>
Sent: Mon, May 11, 2015 4:49 pm
Subject: Fwd: Channel 5 story
2
Don Moseley
Begin forwarded message:
From: dmose92480(a~aol.com
Date: May 11, 2015 at 9:17:32 AM CDT
To: Martin.Maloney(a~chicagopolice.orq
Cc: Carolmarin(c~aol.com
Subject: Channel 5 story
Marty,
Carol Marin and I are working on a story that we anticipate will air early this week regarding the Laquan
McDonald shooting. And we have a a couple of questions:
1: Are the dashboard cameras that CPD uses in its vehicle equipped with audio recording devices?
2: Did the dashboard camera that captured video of the incident at 41st and Pulaski involving CPD
officers and McDonald have audio?
3: We would like to interview the Superintendent regarding the officer-involved shooting that night. Is that
possible?
4: If it is not, does CPD have a statement regarding the shooting and the subsequent investigation by the
FBI and the Cook County State's Attorneys office?
5: Has CPD been served with subpeonas regarding the investigation?
If you have questions you can contact me (773-793-1566) or Carol (312-545-6813).
As always, many thanks,
Don Moseley
Marin Corp Productions
NBCSNews
DePaul Documentary Project
773-793-1566
www.carolmarin.com
From:
Sent:
To:
Subject:
Collins, Adam
Tuesday, May 12, 2015 11:51 AM
Maloney, Martin;Breymaier, Shannon;Holden, John
RE: A couple of specifics about tonight's story
Follow Up Flag:
Flag Status:
Follow up
Flagged
CanyoupullallthestuffintooneemailthatIcansendaroundoverhereforawareness?Alongwithouranswer?Thanks
Thanks,
Don
1
Don Moseley
Marin Corp Productions
NBC5 News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
From:
Sent:
To:
Subject:
Holden, John
Tuesday, May 12, 2015 12:05 PM
Patton, Stephen;Darling, Leslie;Notz, Jane
FYI on NBC5 story on Laquan McDonald investigation
JustwantedtoletyouknowthatCarolMarinatChannel5ispreparingastoryontheaftermathoftheMcDonald
investigation.CPDhasbeencontactedwiththefollowingquestionsandisfollowingupwiththestatementatthe
bottom.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Follow up
Flagged
I'm good
Sent from my iPhone
On May 12, 2015, at 12:11 PM, "Collins, Adam" <[email protected]> wrote:
Whataboutthisforaresponse?Thefirstandsecondsentencesseemrepetitive
Ifthisworks,Illsenditaround
TheChicagoPoliceDepartmentcontinuestocooperatewithprosecutorsinvestigatingthisincident,and
wecannotofferanycommentasdoingsocouldinterferewiththeopencriminalinvestigation.The
officerinvolvedintheshootinghasbeenstrippedofhispolicepowersandremainsondeskduty
pendingtheoutcomeoftheseinvestigations.
From:
Sent:
To:
Subject:
Attachments:
Collins, Adam
Tuesday, May 12, 2015 3:49 PM
Update_List
RE: Q&A for WTTW
WTTW.doc
Follow Up Flag:
Flag Status:
Follow up
Completed
Updatedwithprocurement
AttachedisthecurrentQ&AforWTTW.Iwanttocalloutthepensionsitemspecifically.Lisa,areyouokwiththis
languageordoyouwanttorunitbylaw?
PENSIONS/FINANCES
ruling had no effect on the citys pension reforms.
We av worked to solve Chicagos pension crisis in a way that protects taxpayers and ensures the
retirem
rved.
o
otiation and partnership on pension reforms for the
Unlike the state plan, ours was the result of negotiation and partnership with 28 unions to protect
the retirements of 61,000 city workers and retirees.
Our plan fully complies with the State constitution because it preserves and protects worker
g them.
e the State plan only reduced benefits, we increased City funding to save both funds from
certain insolvency within the next ten to fifteen years and ensure they are secured over the long
term.
Lets not get ahead of ourselves.
Fridays ruling had no effect on the citys pension reforms.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Cc:
Subject:
Darling, Leslie
Tuesday, May 12, 2015 4:02 PM
'Maloney, Martin';Collins, Adam;Update_List;Patton, Stephen
Rountree, Janey
RE: Press inquiry: NBC on Laquan McDonald
Follow Up Flag:
Flag Status:
Follow up
Completed
+StevePatton.
DonMoseleyandCarolMarinatNBC5areaskingCPDanumberofquestionsrelatedtotheLaquanMcDonaldshooting
forastorytheyareairingtonight.TheangleoftheirstoryappearstobethattheattorneysfortheMcDonaldfamily
claimpoliceofficersthreatenedwitnessesonthesceneat41standPulaskiwitharrestiftheydidnotleaveandfailedto
takenamesorphonenumberfromthosewitnesses.TheyarealsosayingsomewitnessesweretakentoAreaOnewhere
"theywerescreamedatandtoldtochangetheirstory."Theyalsosayofficersdidnotvideooraudiotapethosewitness
statements.
Theirotherquestionsinclude:
1:ArethedashboardcamerasthatCPDusesinitsvehicleequippedwithaudiorecordingdevices?
2:Didthedashboardcamerathatcapturedvideooftheincidentat41standPulaskiinvolvingCPDofficersand
McDonaldhaveaudio?
3:WewouldliketointerviewtheSuperintendentregardingtheofficerinvolvedshootingthatnight.Isthatpossible?
1
4:Ifitisnot,doesCPDhaveastatementregardingtheshootingandthesubsequentinvestigationbytheFBIandthe
CookCountyState'sAttorneysoffice?
5:HasCPDbeenservedwithsubpoenasregardingtheinvestigation?
CPDdetectivesdenyanyonewasthreatenedtoleaveortoldtochangetheirstory,however,thisistheCPDproposed
response
Anyissues?
TheChicagoPoliceDepartmentcontinuestocooperatewithprosecutorsinvestigatingthisincident,andwecannotoffer
anycommentasdoingsocouldinterferewiththeopencriminalinvestigation.Theofficerinvolvedintheshootinghas
beenstrippedofhispolicepowersandremainsondeskdutypendingtheoutcomeoftheseinvestigations.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
Subject:
Maloney
Tuesday, May 12, 2015 8:10 PM
Tomorrow's News
CBS2: Pam Zekman is partnering with Patrick Rehkamp at BGA on a story about CPD officers that have retired from the
force and come back in civilian positions across city government, including the police department. We answered her
inquiries about various employees and she was told that these civilian positions were filled, not created for former CPD
employees, and that they cannot collect a second pension so there are not additional costs to the taxpayer.
NBCS: Carol Marin is doing a story on the Laquan McDonald shooting for a story they are airing tonight. The angle of
their story appears to be that the attorneys for the McDonald family claim police officers threatened witnesses on the
scene at 41st and Pulaski with arrest if they did not leave and failed to take names or phone number from those
witnesses. CPD told her The Chicago Police Department continues to cooperate with prosecutors investigating this
incident, and we cannot offer any comment as doing so could interfere with the open criminal investigation. The officer
involved in the shooting has been stripped of his police powers and remains on desk duty pending the outcome of these
investigations.
From:
Sent:
To:
Subject:
Holden, John
Tuesday, May 12, 2015 9:28 AM
Maloney, Martin;Collins, Adam;Breymaier, Shannon
RE: Media Inquiry - NBC5
Follow Up Flag:
Flag Status:
Follow up
Flagged
StevehaspubliclysaidatFinanceCommitteethatitisbeinginvestigatedbystateandfederalprosecutorsandIPRAand
thathasbeenwidelyreported.
Onarelatednote,pleaserememberthatGornergotaFOIAresponselastFridayofasettlementagreementthathadthe
namesofthecopsinvolved,includingdetectives,soitispossiblethatshoemayfallinthepressatanytime.(Eachofthe
officersandtheappropriatebargainingunitsgotnoticelastFridaythattheinformationwasbeingreleased.)Alsonote
thatKimJanssenatSunTimesFOIAdanysubpoenaswemighthavereceivedonthecase.Wesenthimanoresponsive
documentsresponselastweek,butIalsoinformedhimthatwewouldnotexpecttheneedforsubpoenasasweare
fullycooperatingandturningoveranythinginvestigatorsneed.
Regardingthenews,IbelievetheplaintiffslawyerwasexpectedtolaylowandLMsmotherhasbeenprettyadamant
aboutnotwantingtotalk.
AgreeonCPDanswering.
Itssweeps,andImcuriouswhattheirstorywillsay.Idontthinktheresanynewinfooflate.Possiblyaninterviewwith
arelativeoralawyer?
Idon'tthinkthatisthelanguageweused.John,canyoupleasepullwhatwassaidpreviously?AndI'dprefercpdto
answer,notlaw,sincealltheQsareaddressedtocpd.
From:Maloney,Martin<[email protected]>
Sent:Tuesday,May12,20159:10:26AM
To:Collins,Adam;Holden,John;Breymaier,Shannon
Subject:MediaInquiryNBC5
Please see the questions below from Carol and Don. Not sure if we can say anything about this beyond
what I have below, but wanted to check with you all:
The shooting that led to Laquan McDonald's death continues to be investigated by prosecutors,
and as a result we cannot offer any further comment.
Let me know what you think. Obviously the Supt. wont be doing an interview. But I think Holden
addressed this at some point and didnt know if DOL could/should provide Carol with that info.
From: [email protected]
Date: May 12, 2015 at 9:17:32 AM CDT
To: [email protected]
Cc: [email protected]
Subject: Channel 5 story
Marty,
Carol Marin and I are working on a story that we anticipate will air early this week regarding the Laquan
McDonald shooting. And we have a a couple of questions:
1: Are the dashboard cameras that CPD uses in its vehicle equipped with audio recording devices?
2: Did the dashboard camera that captured video of the incident at 41st and Pulaski involving CPD
officers and McDonald have audio?
3: We would like to interview the Superintendent regarding the officer-involved shooting that night. Is that
possible?
4: If it is not, does CPD have a statement regarding the shooting and the subsequent investigation by the
FBI and the Cook County State's Attorneys office?
5: Has CPD been served with subpeonas regarding the investigation?
If you have questions you can contact me (773-793-1566) or Carol (312-545-6813).
As always, many thanks,
Don Moseley
Marin Corp Productions
NBC5 News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
2
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Holden, John
Tuesday, May 12, 2015 9:34 AM
Collins, Adam;Maloney, Martin;Breymaier, Shannon
RE: Media Inquiry - NBC5
Follow Up Flag:
Flag Status:
Follow up
Flagged
WehavelanguageweusedinapastFOIAresponseaboutwhywewouldnotwanttoreleasethevideowhile
investigationispending.Letmedigitupandsenditaround,thoughitprobablywouldjustbeforinternalinformation
only.Iftheyaresayingwitnessstatementswerenottaken,thenperhapsthatlanguagewouldnotbehelpfulhere.
Canyouaddsomethinginhereabouthowwewouldntwanttointerferewiththeinvestigation?
LetsgetalinewereokwithandJohnshouldrunitbyPatton
AgreeonCPDanswering.
Itssweeps,andImcuriouswhattheirstorywillsay.Idontthinktheresanynewinfooflate.Possiblyaninterviewwith
arelativeoralawyer?
CHAIN CONTINUES AS
PREVIOUSLY PRODUCED
From:
Sent:
To:
Subject:
Attachments:
Holden, John
Tuesday, May 12, 2015 9:40 AM
Maloney, Martin;Collins, Adam;Breymaier, Shannon
RE: Media Inquiry - NBC5
Gorner McDonald settlement letter 050815.docx
Follow Up Flag:
Flag Status:
Follow up
Flagged
AttachedistheletterthatwassenttoGorneronFriday.Ihavehighlightedtherelevantlanguageontheissueofwhat
cantbeturnedovernowandwhy.
FYI,Ihavenotyetheardbackfromhimontheissueofnarrowinganyareasofhisrequest.
Canyouaddsomethinginhereabouthowwewouldntwanttointerferewiththeinvestigation?
LetsgetalinewereokwithandJohnshouldrunitbyPatton
AgreeonCPDanswering.
CHAIN CONTINUES AS
PREVIOUSLY PRODUCED
From:
Sent:
To:
Subject:
Attachments:
Platt, Thomas
Wednesday, May 13, 2015 12:35 PM
Bazarek, William;Price, Ralph M.
McDonald settlement
Signed Release and POA.pdf
Settlementdocs
ThomasJ.Platt
DeputyCorporationCounsel
FederalCivilRightsDivision
30N.LaSalleStreet,Suite900
Chicago,Illinois60602
3127444833
Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmaycontain
legallyprivilegedand/orconfidentialinformation.Ifyouarenottheintendedrecipientofthisemail(ortheperson
responsiblefordeliveringthisdocumenttotheintendedrecipient),youareherebynotifiedthatanydissemination,
distribution,printingorcopyingofthisemail,andanyattachmentthereto,isstrictlyprohibited.Ifyouhavereceived
thisemailinerror,pleaserespondtotheindividualsendingthemessage,andpermanentlydeletetheoriginalandany
copyofanyemailandprintoutthereof.
)
) Na. 14 P 7092
1
~
v.
CITY OF CHICnGO
REI.~AS~ AND SETTLEMENT AGREEMENT
Tina Hunter, mother of decedent LaQuan McDonald (also known as LeQuan McDonald),
and independent administrator of the Estate of LaQuan McDonald,(heccafter,"the Estate of
LaQuan McDonald"), by her attorneys, Jeffrey J. Neslund and Michael D. Robbins and City of
Chicago, by its attorney, Stephen R. Patton, Cocporatian Counsel of the City of Chicago, Thomas
J, Platt, Deputy Corporation Counsel, herein stipulate and agree to the following:
1.
The Estate of LaQuan McDonald 14 A 7092, Circuit Court of Coolc County, has
brought a claim against City of Chicago and its employee, Chicago Police Officer Jason Van
Dyke, Star 9465, Of~cec .Tossph Walsh, Star 12865, Detective David March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutenant Anthony Wojcik, Star X81, Detective Richard
Hagen, Star 20606 and other Chicago Police officers and employees of'the City of Chicago
arising out of the fatal shooting of LaQuan McDonald on October 20, 2014 for which the Estate
of LaQuan McDonald claims damages.
City of Chicago denies Estate of LaQuan McDonald's allegations of wrongdoing
and further denies any liability.
The parties and their respective attorneys acknowledge that settlement of this
claim is not an admission of liability, or of unconstitutional or illegal conduct by oj on the part of
the City of Chicago of its future, current or former officers, agents and employees, and shall not
serve as evidence of any wrongdoing by oc on the part of the City of Chicago or its future, current
or former officers, agents and employees. The parties and their respective attorneys fujther
acknowledge that settlement is made to avoid the uncertainty of the outcome of any litigation and
the expense in time and money of litigation and for the purpose ofjudicial economy.
4,
Release and Settleil~ent Agreement, and upon advice of counsel, the estate of LaQuan McDonald
agrees not to ale any lawsuit, claim oc cause of action of any kind at any time in any jurisdiction,
including, but not limited to, any claims under the Illinois Wrongful Death Act, the Illinois
Survival Act and claims under 42 U.S.C. 1983 against City of Chicago, Officer Jason Van
Dylce, Star 9465, Officer Joseph Walsh, Star 12865, Detective David March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutenant Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 or of any its current, future or former officers, agents and employees with
respect to the incident set forth in paragraph one of this Release and Settlement /\greement
except solely in the event that the Chicago City Council rejects the he~einaftec indicated
settlement, with each party bearing its own costs and attorneys' fees. The Cstate of Laquan
McDonald agrees it will be required to execute this Release and Settlement agrccment prior to
the City's presentation of the settlement agreement to the Chicago City Council and that the
estate of LaQuan McDonald's offer to settle on these terms shall not be revolted ot otherwise
repudiated unless the Chicago City Council rejects the settlement agreement.
5.
The City of Chicago and Estate of LaQuan McDonald agree that the fact or
existence and terms of this settlement agreement, including but not limited to this Release and
Settlement Agreement, shall remain confidential until the Chicago City Council approves an
ordinance authorizing this agreement. The City of Chicago and Estate of i,aQuan McDonald and
its attorneys fu~~ther acknowledge and agree that there is an ongoing criminal investigation by the
federal and state authorities of the incident which is the subject of this elease and settlement
agreement ("incident"), and that potential evidence and materials ("materials") relating to this
investigation and potential criminal charges, were obtained by the Estate of LaQuan McDonald
in response to subpoenas issued in the matte of Estate of LaQuan McDonald, 14 P 7092, Circuit
Court ai'Cook County. The City of Chicago submits that relcasc or dissemination of these
materials could interfere with and have an adverse impact on the ongoing criminal investigation
and potential charges brought with respect to this incident. Estate of LaQuan McDonald and its
attorneys therefore agree not to publicly release, disclose or disseminate the materials obtained
through subpoenas issued in 14 P 7092("materials"), until the completion of the pending
criminal investigations and, if criminal charges ace brought, the conclusion of such criminal
charges by way of plea agreement, trial or dismissal, unless these materials are otherwise publicly
disclosed oc disclosed as required by law or court order. Cstate of LaQuan McDonald and its
attorneys agree that they will not make any copies oc distribute these materials to any other
persons or entities and will provide seven days written notice to the City ot'Chicago, its attorneys
oc successors prior to any publication, dissemination of release of the above mentioned materials.
6.
Chicago, in the total amount of FIVC MILLION DOLLARS AND NO/100 DOLLARS
($5,000,000.00), inclusive of all costs and attorney's fees.
7.
"The City's obligations pursuant to this Release and Settlement Agreement are
conditioned upon approval of the settlement agreement by the Chicago City Council. The City
wi11 not be obligated to perform its obligations pursuant to this Release and Settlement
Agreement until the following events occur: (1)the City receives a copy of this Release and
Settlement Agreement executed by the estate of LaQuan McDonald and its attorney;(2) the
Chicago City Council enacts an ordinance authorizing settlement and payment of the funds
agreed upon in this Release and Settlement Agreement.
8.
The City agrees to pay plaintiff the total settlement amount as specified in
paragraph 5 herein within thirty (30)days of receipt by the Corporation Counsel's Office of a
fully executed settlement agreement and an ordinance of the City Council authorizing the
settlement as described in paragraph 6. This sum shall be payable solely by the City of Chicago,
and Estate of LaQuan McDonald and its attorneys agree that they will not seek payment from any
source other than the City of Chicago. The settlement check will be made payable to Estate of
LaQuan.McDonald and its attorneys and any lien claims of which the City has notice. The City
states it has no notice of any liens. Subject to court approval, the Estate may designate all or a
portion of the funds as damages on account of personal injuries oc sickness within the meaning of
Section 104(a)(2) of the Internal Revenue Code, as amended.
9.
Agreement, Estate of L,aQuan McDonald agrees to indemnify and hold harmless the City of
Chicago, and its futu~e, current, or former officers, agents and employees including, but not
limited to, Officer Jason Van Dyl<e, Star 9465, Officer Joseph Walsh, Stac 12865, Detective
David March, Star 20563, Sergeant Daniel Gallagher, Stat 1303, Lieutenant Anthony Wojcik,
Star 481 and Detective Richard Hagen, Star 20606 from any claims, losses, damages or expenses,
including attorneys' fees and costs, incurred, or which may be incurred, by reason of any lien or
any other claim or interest held by any person, entity oc corpo~ation against any moneys received
or to be received by Estate of LaQuan McDonald under this settlement entered pursuant to this
Release and Settlement Agreement,
10.
Estate of LaQuan McDonald, upon advice of counsel, understands and agrees that
in consideration of the settlement entered pursuant to this Release and Settlement Agreement,
Estate of LaQuan McDonald does hereby release and forever discharge on behalf of himself and
his heirs, executors, administrators and assigns, all claims he had or has against Officer Jason
Van Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective David March, Star 20563,
Sergeant Daniel Gallagher, Stac l 303, Lieutenant Anthony Wojcik, Star 481 and Detective
Richard Hagen, Star 20606 and the City of Chicago, and its future, current oc former officers,
agents and employees, including but not limited to all claims he had, has, or may have in the
future, under local, state, or federal law, arising either directly or indirectly out of the incident
whicl~ was the basis of this claim and any potential litigation, and that such release and discharge
also is applicable to any and all unnamed agents, employees, offcers or persons affiliated with
the City of of Chicago.
1 l.
This Release and Settlement Agreement and any documents that may be executed
under paragraph 13 herein contain the entice agreement between the parties with regard to the
settlement of this claim, and shall be binding upon and inure to the benefit of the panties hereto,
jointly and severally, and the heirs, executors, administrators, personal representatives,
successors, and assigns of each.
12.
This Release and Settlement Agreement is entered into in the State of Illinois and
shall be construed and interpreted in accordance with its laws. Terms contained herein shall not
be construed against a party mea~ely because that party is or was the principal drafter.
13.
McDonald represents that it has relied upon the advice of its attorney, who is the attorney of its
choice, and that the terms of this Release and Settlement Agreement have been intei~pceted,
completely read and explained to the independent administrator by its attorney, and that those
terix~s are fully understood and voluntarily accepted by the Estate of LaQuan McDonald, Estate of
LaQuan McDonald also represents and warrants that no other person or entity has or has had any
5
interest in the claims or causes of action referred to herein, that the independent administrator
and its attorney have the sole right and exclusive authority to execute this Release and Settlement
Agreement and receive the sums specified herein, and that they have not sold, assigned,
transferred, conveyed, or otherwise disposed of any oi'the claims oi causes of action ceferrcd to
herein.
14.
All pairties agree to cooperate fully and to execute any and all supplementary
documents and to take all additional actions which are consistent with and which may be
necessary oc appropriate to give full force and effect to the basic terms and intent of this Release
and Settlement Agreement including compliance with any orders of the Circuit Court of Cook
County with regard to any payment or disposition of funds.
l'
Date of b rt
*SSN:
n J-~3
-----~-
City of Chicago
a Municipal Corporation
Stephen Patton
Corporation Counsel
Atto~ney City of Chi
~
'
.~
BY:
Thomas Platt
Attorney for City of Chicago
Deputy Corporation Counsel
30 N. LaSalle St., Suite 900
Chicago, Illinois 60602
(312)744-4833
~~ ~~~ o !
Michael D. Robbins
Michael ll. Robbins and Associates
Attorney foc Estate of LaQuan McDonald
20 N. Wacker Drive, Suite 3710
Chicago, Illinois 60606
(3]2)223-1100
FEIN:
DATE:
04/68/2615
13:59
PAGE
3127819123
and do
attorneys,
appoint MICIIA,EL D. ItOBBINS and JEFFREY J, NESLUNT~ as my tz~ue and lawFul
potential
and in nn.y name and stead to endozse any and all checl~s o,r drafts received. to settle all
d that could be
claims against all responsible parri.~s arising out of the death of Laquan McDonal
them in a~n.
brought against the City ofChicago and any otlaex responsible party, ar~d deposit
Attorney Client Funds 1lccount; giving and granting unto MICHAEL T~. ROBBINS and JEFFREY
d act,
3. NESLUNJ~ said attorney's, full power end au.tharity ~o do azzd perform tk~e above reference
and. to disburse those funds pursua~.t to an Au.thori~ation to Settle.
and.
This Limited. Power of Attoz~rxey will also grant; unto MICH~L A. ROBB~NS
J~FFRFY J. NLSLLTND said ~xtto~rneys, full power and. Authorization to sign any .Release ar~d
Settlement Agreements on ztty behalf.
IN 7'E5'Z"ZMONY WHEREOF, having .read the foregoing, and uzxderstand,ing ad agreeing
to same,I have set my hand. and seas. this ~ ~ day of March,2015.
~~~~~,,
02/02
CITY OI'CHICAGO
DIPAIt'1'MENT OF PROCUREMENT SERVICES
FINANCIAL. MANAGCMGNT PROCUREMENT SYSTTM(FMPS FORM F-SA}
R~OUEST FOR SUPPLIER CODF, NUMBER
OR
NEW/ADDED SUPPLIER INFORMATION
INSTRUCTIONS;
USE 'PHIS FORM TO RF,QUEST ADDING A NEW SUPPLIF.K OR JOINT VENTURE TO 7'HE FMPS SUPPLIER
FI[.E. A
UNIQUE SUPPLICR NUMBER WILL BE ASSIGNED. N07'F: FORWARD RF,QUEST
TO DEPARTMENT OF
PROCUIt~MENT SERVICES, UA'fA ENTRY/CODING SECTION, ROOM 403, CITY HALL, 121 NORTH.
GASALLP,,
CF#ICAGO, IL., 60620,TELEPWONE (312)744-7664 or(3l2)744-0728. FAX Nl1MBER (312)742-5597.
Ur;pnR.rm~NT Law-FCRL
'fF.I.EPIiONE N0.312-744-8977
I~AX NO.312-744-6566
BOX 3
BOX 7
BOX
Law Ofc of Jeffrey J. Neslund/Michael D. Robbins &Assoc./Esleta of La~uan McDonald by Special Admin., Tl~a Hunter
*SUPPL[EK(COMPANY or INUIVCDUAL)NAM
~I'FIN NUMBF.WSOCIAL SECURITY Nl1MBCR:
FAX NO.
EMAIL ADDRESS'
Jeffrey J. Nesiun
.- y~-- 33~
Attorneys
CONTACT PERSgN:
*7'GLEPHONE NO. 312-223-1100
FAX NO.
581110 8S 8bOV8
Same as above
Rev. 01/15/09
CJI'I'Y OF CI-IICAGO
April H, 2Q1S
Michael D. Robbins
Michael D. Rpbbins and Associates
20 N. Wacker Drive, Suite 371
Chicago, Illinois 60606
Jeffrey J. Neslund
Law Offices of Jeffrey J. Nes(und
20 N. Wacker Drive, Suite 3710
Chicago, Illinois 60606
Settlement in the Matter of Fstate ofLaQuan McDonald, 14 P 7092
Re:
Thomas J. Flan
Deputy Corporation Counsel
City o~Chicago, Department of Law
(312)-744-4833
Pl~:i)I RAL CIVIL, R(C.:1-I'I'5 X.("t"I(>A"PION DIVt,51<)N, 8U :~, L,A3ALI,r: S't', SGI?'E ~JUA, CFTTCACO, II, f>0602
From:
Sent:
To:
Subject:
Attachments:
Collins, Adam
Wednesday, May 13, 2015 3:26 PM
Update_List;david spielfogel ([email protected])
Udpated WTTW Q&A
WTTW v2.docx
Follow Up Flag:
Flag Status:
Follow up
Completed
AttachedisanupdatedQ&Afortonight.
Thebiggestchangeisonapossibletemporarybridgetorevenuefromacasino,whichIworkedwithRendinaon.Please
letmeknowifyouhaveanyquestions.Thanks
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Cc:
Subject:
Attachments:
Holden, John
Wednesday, May 13, 2015 4:25 PM
Peters, Lynda;Rasmas, Chloe;Darling, Leslie
Breymaier, Shannon
FW: Another request.
Gorner McDonald settlement letter 050815.pdf
AnotherFOIAfromGorneronMcDonaldvideo.
Isuspectthatheisjustnotclearthatourpriorresponse(attached)tohimcoversthevideo.Doesthisrequireanother
FOIAresponseorjustaquickmessagetoJeremynotingthatthevideoiscoveredinthepriorletterasadocument.
Hey John,
I'm filing a request under the Illinois Freedom of Information Act for any and all exhibits relating to the
settlement between the City of Chicago and the estate of LaQuan McDonald (Tina Hunter, his mother, is the
administrator). The settlement was for $5 million and it's a Cook County probate case under Case No. 14P7092.
The exhibits requested include, but are not limited to, any and all dashboard camera video footage from
Chicago police vehicles that captured McDonald getting shot.
If in your view any of the above records contain information you deem to be exempt from disclosure
under the privacy 7(1) (c) or work product 7 (1) (f) provisions of the Freedom of Information Act please
redact that portion of the record and provide the remainder, specifying the precise nature of the redacted
information and the specific exemption on which you would rely in the event I was to ask for its
disclosure.
Jeremy Gorner
Reporter Chicago Tribune
O: 312-222-4569
C: 312-912-3967
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
1
May 8, 2015
Response via email
Jeremy Gorner
Reporter Chicago Tribune
[email protected]
City of Chicago
Rahm Emanuel,
Mayor
Department of Law
Stephen R. Patton
Corporation Counsel
121 North LaSalle
Street
Suite 600
Chicago, Illinois 606022580
(312) 744-6900
(312) 742-0277 (FAX)
(312) 744-2693 (TTY)
www.cityofchicago.org
The date of birth of the signatory has been withheld consistent with 5 ILCS 140/7(1)(c). Section
7(1)(c) exempts:
Personal information contained within public records, the disclosure of which
would constitute a clearly unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual subjects of the information.
"Unwarranted invasion of personal privacy" means the disclosure of information
that is highly personal or objectionable to a reasonable person and in which the
subject's right to privacy outweighs any legitimate public interest in obtaining the
information.
An individuals date of birth is the quintessential type of highly personal information
encompassed within the Section 7(1)(c) exemption, and the individuals right to privacy of this
information clearly outweighs any public interest in its revelation.
The Law Department is in possession of certain documents gathered by one of its clients, the
Independent Police Review Authority (IPRA), pursuant to an administrative investigation into a
potential disciplinary case. The documents regarding the McDonald shooting were obtained by
IPRA from the Chicago Police Department, the Chicago Fire Department and the Office of
Emergency Management & Communications. At this time, the Law Department is unable to
provide you with any of these documents that are responsive to your request for the reasons
outlined below.
Each and every gathered document pertains to an open criminal investigation being conducted by
the Cook County States Attorneys Office and an open and active investigation being conducted
by the Federal Bureau of Investigation (FBI). At this time, all of the documents are exempt from
release pursuant to Section 7(1)(d)(vii) because disclosure of the documents would obstruct an
ongoing criminal investigation. 5 ILCS 140/7(1)(d)(vii).
Release of the requested documents could interfere with the open criminal investigation into this
high profile incident which has garnered much media attention. Among other things, the suspect
could become aware of the identity of witnesses and the specific details of their statements, and
of the evidence that has collected as of the date the documents were generated. Public disclosure
of this information could impede and obstruct the ongoing criminal investigation.
In addition, witnesses named in the documents could feel intimidated by the public release of
their identity and identifying information, which is otherwise exempt under 5 ILCS
140/7(1)(d)(iv), which permits the withholding of [r]ecords in the possession of any public
body created in the course of administrative enforcement proceedings to the extent that
disclosure would: unavoidably disclose the identity of persons who provide information to
administrative, investigative, law enforcement, or penal agencies. Disclosure could lead to the
failure of those witnesses to continue cooperating with the FBIs active criminal investigation.
In addition, the above-referenced document obtained from the Chicago Fire Department, an
ambulance record, is a medical record which is exempt under 5 ILCS 140/7(1)(b). Section
7(1)(b) provides for the withholding of [p]rivate information, unless disclosure is required by
another provision of this Act, a State or federal law or a court order. No such requirement of
2
disclosure exists here. The definition of private information under 5 ILCS 140/2(c-5)
specifically includes medical records, and it has been determined that documents containing
information about a persons medical condition and/or treatment for an injury are medical
records. See: Plain Dealer Publishing Company v. U.S. Department of Labor, 471 F.Supp. 1023,
1027 (D.D.C. 1979).
Further, the Law Department is in possession of an advisory memorandum sent by the Law
Department to the City Councils Finance Committee, however, this memorandum is exempt in
its entirety from disclosure pursuant to 5 ILCS 140/7(1)(m). Section 7(1)(m) provides:
Communications between a public body and an attorney or auditor representing
the public body that would not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in anticipation of a criminal, civil or
administrative proceeding upon the request of an attorney advising the public
body, and materials prepared or compiled with respect to internal audits of public
bodies.
The Illinois Supreme Court has determined that a public body that relies upon this FOIA
exemption is required to establish both the existence of an attorney-client relationship and that
the communications would not be "subject to discovery in litigation," meaning that the
communications fall within the attorney-client privilege. Illinois Education Association v.
Illinois State Board of Education, 204 Ill.2d, 456, 791 N.E.2d 522, 528-9 (2003). One of the
functions of the Corporation Counsel and the Citys Law Department is to provide legal advice
to the Citys officials, such as the Aldermen who serve on the City Councils Finance
Committee. This memorandum, prepared to communicate the mental impressions and advice of
the Citys Law Department regarding the McDonald shooting incident clearly qualifies as a
privileged communication which is exempt under Section 7(1)(m).
In addition, draft versions of this memorandum have been withheld in their entirety in
accordance with 5 ILCS 140/7(1)(f) as they constitute pre-decisional internal discussions and
deliberations between attorneys in the Law Department. Section 7(1)(f) exempts:
[p]reliminary drafts, notes, recommendations, memoranda and other records in
which opinions are expressed, or policies or actions are formulated, except that a
specific record or relevant portion of a record shall not be exempt when the record
is publicly cited and identified by the head of the public body.
5 ILCS 140/7(1)(f). The U.S. Supreme Court has determined that the deliberative process
exemption under the FOIA focuses on documents that reflect advisory opinions,
recommendations and deliberations comprising part of a process by which governmental
decisions and policies are formulated. NLRB v. Sears and Roebuck, 421 U.S. 132, 150-151
(1975). The purpose is to encourage frank discussion of legal or policy matters such that
employees in government feel free to express their opinions before a final legal or policy
decision is made. Memoranda where preliminary opinions are expressed and actions are
formulated are expressly exempt from production under Section 7(1)(f) of the FOIA.
Finally, your FOIA request is unduly burdensome to the extent it includes e-mails (i.e., electronic
communications which may include one or more document attachments). The FOIA provides in
5 ILCS 140/3(g) that requests for all records falling within a category shall be complied with
unless compliance with the request would be unduly burdensome for the complying public body
and there is no way to narrow the request and the burden on the public body outweighs the public
interest in the information. Your FOIA request seeks any and all documents relating to the
settlement between the City of Chicago and the estate of LaQuan McDonald. (Emphasis added.)
In order to effectively run an email search, the Law Department needs the names or email
accounts that you wish searched. The present email systems tool set cannot identify the
department where an email user works and, therefore, a search cannot be based on a department.
Parameters that would assist DOL in conducting an email search include: (1) the e-mail
address(es) of the account(s) you wish searched; (2) key words you wish to search for; and (3)
the timeframe to be searched.
It is therefore necessary that your FOIA request be narrowed and clarified to the extent you are
seeking emails. If you would like assistance in narrowing your request, please contact me, and I
will assist you. Otherwise, for the reasons provided above, the Law Department is unable to
fully respond to your FOIA request as currently drafted.
Please be advised that even if you were to narrow your request as outlined above, certain Law
Department records may be withheld from disclosure under the exemptions enumerated in the
FOIA, including but not limited to, exemptions set forth in 5 ILCS 140/7(1)(f) and 5 ILCS
140/7(m).
If you agree to narrow your request, you must submit a revised written request to my attention.
The Law Department will take no further action or send you any further correspondence unless
and until your current request is narrowed in writing. If we do not receive your narrowed request
within fourteen (14) calendar days of the date of this letter, your current request will be denied.
You have the right to have a denial reviewed by the Public Access Counselor (PAC) at the
Office of the Illinois Attorney General, 500 S. 2nd Street, Springfield, Illinois 62706, (877) 2993642. You also have the right to seek judicial review of your denial by filing a lawsuit in Cook
County Circuit Court.
Sincerely,
John M. Holden
Freedom of Information Officer
From:
Sent:
To:
Cc:
Subject:
Franklin, Liza
Wednesday, May 13, 2015 4:30 PM
Peters, Lynda
Platt, Thomas;Holden, John
Re: Another request.
Thereweren'texhibitsattachedtotheagreement.
SentfrommyiPhone
OnMay13,2015,at4:28PM,Peters,Lynda<[email protected]>wrote:
Please see the below FOIA request from Trib reporter Jeremy Gorner.
Question are there any exhibits to the LaQuan McDonald settlement agreement?
Lynda A. Peters
City Prosecutor
Legal Information, Investigations & Prosecutions Division
City of Chicago Law Department
30 N. LaSalle, Suite 1720
Chicago, IL 60602
312-744-2816
Hey John,
I'm filing a request under the Illinois Freedom of Information Act for any and all exhibits
relating to the settlement between the City of Chicago and the estate of LaQuan McDonald (Tina
Hunter, his mother, is the administrator). The settlement was for $5 million and it's a Cook
County probate case under Case No. 14P7092.
The exhibits requested include, but are not limited to, any and all dashboard camera video
footage from Chicago police vehicles that captured McDonald getting shot.
If in your view any of the above records contain information you deem to be exempt from
disclosure under the privacy 7(1) (c) or work product 7 (1) (f) provisions of the Freedom of
Information Act please redact that portion of the record and provide the remainder,
specifying the precise nature of the redacted information and the specific exemption on
which you would rely in the event I was to ask for its disclosure.
Jeremy Gorner
Reporter Chicago Tribune
O: 312-222-4569
C: 312-912-3967
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named
herein and may contain legally privileged and/or confidential information. If you are not the
intended recipient of this e-mail (or the person responsible for delivering this document to the
intended recipient), you are hereby notified that any dissemination, distribution, printing or
copying of this e-mail, and any attachment thereto, is strictly prohibited. If you have received
this e-mail in error, please respond to the individual sending the message, and permanently delete
the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Cc:
Subject:
Attachments:
Holden, John
Wednesday, May 13, 2015 4:35 PM
Rasmas, Chloe;Breymaier, Shannon
Darling, Leslie
FW: NBC5 Chicago LaQuan McDonald FOIA
FOIACorporationCounsel.png
HiChloe
HereistheFOIAImentionedinmyphonemessage.Canyouadviseonwhethertheotherdepartmentsnamedinitalso
receivedsimilarrequests?
Thanks,
John
Good afternoon,
I have attached a FOIA request from NBC5 Chicago regarding the shooting of LaQuan McDonald.
What we are looking for is listed in the request.
Thank you,
Have a great day
Stephanie
Stephanie Wade
DePaul University
NBC5 Chicago
419.270.5960
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
1
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Attachments:
Rountree, Janey
Wednesday, May 13, 2015 9:04 PM
Schrader, Lisa
Public Safety memo
Memo for the Chief of Staff.docx
Follow Up Flag:
Flag Status:
Follow up
Completed
Lisa,
Attachedisthetransitionmemoforthepublicsafetydepartments.Itlookslikealot,butIpromiseIlefta
bunchofstuffout!
Janey
From:
Sent:
To:
Subject:
Attachments:
Collins, Adam
Thursday, May 14, 2015 5:56 AM
Schrader, Lisa;david spielfogel;Ewing, Clothilde;Quinn, Kelley;Rendina, Michael;Deal,
Joe;Fe Claypool
Re: Fran, Bill Q&A
Fran, Bill.docx
Loopingbacksoit'satthetopofinboxes.basedonherstorytoday,it'safairbetFranasksaboutvideo
gaming,commutertax,marijuana,etc.Ihavethoseallcoveredinhere.
Letmeknowwhatyouthink.Thanks
From:Collins,Adam
Sent:Wednesday,May13,201511:34PM
To:Schrader,Lisa;davidspielfogel;Ewing,Clothilde;Quinn,Kelley;Rendina,Michael;Deal,Joe;FeClaypool
Subject:Fran,BillQ&A
AttachedisaQ&Afortomorrow'sinterviews.It'slargelythesameaswhatwedidforWTTWIexpectalotof
carryoverbutIaddedsomepointsuptop.
Toplinemessagegoalsfortheinterviews
Greaterdetailonterm2
Questionsthey'veforeshadowed
Fiorettieventquestions
SpikeLee
Anyways,pleaseletmeknowfirstthingifanyonewantsadifferentdirection
Thanksmuch
From:
Sent:
To:
Subject:
Collins, Adam
Thursday, May 14, 2015 7:07 AM
Rountree, Janey
RE: Transition memos
Follow Up Flag:
Flag Status:
Follow up
Completed
You can drop chicsgo mag, criminal Regis and mental health.
-------- Original message -------From: "Rountree, Janey" <[email protected]>
Date: 05/13/2015 10:59 AM (GMT-06:00)
To: "Collins, Adam" <[email protected]>
Subject: Fw: Transition memos
Imworkingonthismemo,tryingtogetitfinishedbythedeadline.BelowismycurrentlistofpressandFOIA
issuesforthepublicsafetyagencies.Anythingyouthinki'mmissing?
a.
From:Schrader,Lisa
Sent:Tuesday,May12,20154:56PM
To:Schrader,Lisa;Deal,Joe;Rountree,Janey;Rivera,Arnaldo;Harte,Meghan;Bennett,Kenneth;Holt,Alexandra;Scott,
Lois
Cc:davidspielfogel;Ewing,Clothilde;Rendina,Michael;Negron,Michael;Koch,Steven
Subject:Re:Transitionmemos
Justflaggingtomakesureeveryonesawthis.Letmeknowifyouhavequestions.Thanks,all.
SentfrommyBlackBerry10smartphone.
From: Schrader, Lisa
Sent: Monday, May 11, 2015 5:34 PM
To: Deal, Joe; Rountree, Janey; Rivera, Arnaldo; Harte, Meghan; Bennett, Kenneth; Holt, Alexandra; Scott, Lois
Cc: david spielfogel; Ewing, Clothilde; Michael Rendina ([email protected]); Negron, Michael; Koch,
Steven ([email protected])
Subject: Transition memos
Team
Canyoueachputtogetherashortmemolisting:
Keyprojects/initiativesinparticularMayoralprioritiesthatyouandyourdepartments/agenciesare
managingovernext612months;and
Keychallengesincludingcommunicationsorpoliticalfacingyourdepartments/agenciesovernext612
months(happytodiscussinpersonifyoureunsurewhattoinclude).
Itdoesntneedtobeallinclusive.PleasejustcoverthemostcriticalissuessoForrestcangetuptospeedmost
efficiently.
(Andtoavoidconfusionwithdepartment/agencyheadswhowereaskingtoputtogethersomeotheritems,Iwouldnot
reachouttothem.Shouldbethehighestlevelstuffthatyouaredealingwitheveryday.)
WouldlikethembyCOBWednesday.Also,pleasemarkthemdraftincasewewanttomakerevisions,andprovidethem
tomeinpaperform.
Thanks,all.
Lisa
From:
Sent:
To:
Subject:
Attachments:
Collins, Adam
Friday, May 15, 2015 8:53 AM
Update_List;david spielfogel;Fe Claypool
RE: 5/15 - Daily TPs
DPG - 2015.05.15.docx
AddedinAndreaZoppfromSneed.Weshouldbegoodfromhere
WithForrest
From:Collins,Adam
Sent:Friday,May15,20156:32AM
To:Update_List;davidspielfogel;Davis,Felicia
Subject:5/15DailyTPs
AttachedarethedailyTPsfortodayintheeventhehastoansweranyquestionsateitherevent.
Topicsinclude:
SpikeLee
Policerelationships/FBIinvestigatingasecondCPDshooting
NegotiationsinSpringfield
Creditdowngrade
TheS&Pdowngradehasn'tgottenmuchcoverageandIdon'tthinkhegetsaskedaboutit,butit'sinhereifhe
does.SamethingontheFBIstory.
I'llgivehimacopyby9unlessthereareobjections.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Attachments:
Fischler, Matt
Wednesday, May 20, 2015 12:01 PM
Rountree, Janey;Hill, Kathleen;Iweagwu, Tony
RE: Public Safety To Do List_May 19.docx
Public Safety To Do List_May 20 MF KH adds (2).docx
UpdatedFellowProjectsubmissionsaredueFriday,June5
Thankseveryone.Matt,willyouaddatthetopanoteaboutthesummerfellowswiththeduedateforproject
submissions?
myeditsontopofkatie's
From:Hill,Kathleen
Sent:Tuesday,May19,20152:37PM
To:Rountree,Janey;Fischler,Matt;Iweagwu,Tony
Subject:RE:PublicSafetyToDoList_May19.docx
Myadds.
Totheextentyoucanbefore3pm,pleaseaddanythingthatmaybemissinghere.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Breymaier, Shannon
Wednesday, May 20, 2015 2:36 PM
Platt, Thomas;Franklin, Liza;Darling, Leslie
RE: NBC5 on police shooting
IagreeShannonthatyourstatementaccuratelystateswhatweknow.
Imfinewiththat.IreallythinkwehavetosaysomethingthatrefutestheideathatCPDerasedevidence.
LizaM.Franklin
DeputyCorporationCounsel
FederalCivilRightsLitigation
3127420170
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
Shannon Breymaier
O: 312-744-9045 C: 312-859-2719
[email protected]
From: Platt, Thomas
Sent: Wednesday, May 20, 2015 1:48 PM
To: Breymaier, Shannon; Franklin, Liza; Darling, Leslie; Patton, Stephen
Subject: Re: NBC5 on police shooting
Idonotwanttospeaktoosoonabouttheresultsoftheforensicinvestigationbecauseneitherhasofficiallysaid
anythingonthispoint.
From:Breymaier,Shannon
Sent:Wednesday,May20,20151:44:56PM
To:Platt,Thomas;Franklin,Liza;Darling,Leslie;Patton,Stephen
Subject:RE:NBC5onpoliceshooting
Thanks, Tom.
So could CPD say the following?
Both IPRA and federal investigators seized and examined the hard drives associated with Burger Kings
surveillance cameras, and neither entity has suggested or concluded that CPD purged or erased any video.
Further, Burger King did not have a surveillance camera that pointed in the direction of the shooting, making
this a moot point.
Shannon Breymaier
O: 312-744-9045 C: 312-859-2719
[email protected]
CPDdidnotpurgeorerasevideofromBurgerKing.BothIPRAandfedsseizedandexaminedtheharddrivesandneither
havesuggestedorconcludedanypurgeorerasing.TheonlyvideopointingonPulaskiRoadpointedawayfromthe
shooting.Therewasnocamerafromtherestuarantwhichpointedinthedirectionoftheshooting.
From:Franklin,Liza
Sent:Wednesday,May20,20151:30:24PM
To:Breymaier,Shannon;Darling,Leslie;Platt,Thomas
Subject:RE:NBC5onpoliceshooting
Ithinkweabsolutelyhavetopushbackonthis.Tomcanspeaktowhatactuallyhappened(heisincourt),butCPD
absolutelydidNOTeraseanyvideo.
LizaM.Franklin
DeputyCorporationCounsel
FederalCivilRightsLitigation
3127420170
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While we take all allegations of police misconduct seriously, this appears to be a moot point. First, not only did
detectives collect video from other nearby surveillance cameras, the video from the police dash camera captured
the entire incident. In other words, since the police video captured the shooting in its entirety, any footage
recovered from other cameras would have been duplicative. Further, the Burger King surveillance cameras were
not even pointing in the direction of the shooting.
Shannon Breymaier
O: 312-744-9045 C: 312-859-2719
[email protected]
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Attachments:
Fischler, Matt
Wednesday, May 20, 2015 5:51 PM
Iweagwu, Tony;Hill, Kathleen;Rountree, Janey
notes from team meeting
Public Safety To Do List_May 20 notes.docx
Follow Up Flag:
Flag Status:
Follow up
Completed
attached.Madenotesonourworkplan.
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Escalante
Friday, May 22, 2015 12:37 PM
Maloney; Martin
RE: Follow up Laquan McDonald story for Ch. 5
No I don't. I know it has not come up and been brought to my attention that there may have been an issuc
John 7. Escalante
Chief
Bureau of Detectives
312-745-6001
Don Moseley
Marin Corp Productions
NBC5News
DePaul Documen#ary Project
773-793-1566
www.carolmarin.com
Thanks,
Don
Don Moseley
Marin Corp Productions
NBCS News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
Marty,
Below is Don Moseley's email to you.
We look forward to a response as soon as possible.
Best, CM
Carol Marin
mobile 312.545.6813
email carolmarin(a,aol.com
Political Editor/NBCS News
Political Columnist/Chicago Sun-Times
Contributor/WTTVV "Chicago Tonight"
-----Original Message----From: Don Moseley <dmose92480(a~aol.com>
To: Carol Marin <carolmarin(c~aol.com>
Sent: Mon, May 11, 2015 4:49 pm
Subject: Fwd: Channel 5 story
3
Don Moseley
Begin forwarded message:
From: dmose92480(a~aol.com
Date: May 11, 2015 at 9:17:32 AM CDT
To: Martin.Maloney(c~chicagopolice.orq
Cc: [email protected]
Subject: Channel 5 story
Marty,
Carol Marin and I are working on a story that we anticipate will air early this week regarding the Laquan
McDonald shooting. And we have a a couple of questions:
1: Are the dashboard cameras that CPD uses in its vehicle equipped with audio recording devices?
2: Did the dashboard camera that captured video of the incident at 41st and Pulaski involving CPD
officers and McDonald have audio?
3: We would like to interview the Superintendent regarding the officer-involved shooting that night. Is that
possible?
4: If it is not, does CPD have a statement regarding the shooting and the subsequent investigation by the
FBI and the Cook County State's Attorneys office?
5: Has CPD been served with subpeonas regarding the investigation?
If you have questions you can contact me (773-793-1566) or Carol (312-545-6813).
As always, many thanks,
Don Moseley
Marin Corp Productions
NBC5News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
From:
Sent:
To:
Cc:
Subject:
Collins, Adam
Tuesday, May 26, 2015 4:58 PM
Update_List
Rountree, Janey
FYI: Marin on CPD shooting investigations
Follow Up Flag:
Flag Status:
Follow up
Completed
FYI,CarolMarinisdoingastoryat10aboutinvestigationsintoCPDinvolvedshootings.
ShewilltalkabouttheLaquanMcDonaldcaseandsaythereareallegationsofmissingsurveillancevideo(whichIPRAhas
alreadysaidisnotthecase).
TheywillalsointerviewCandaceGorman,acivilrightsattorneywhoclaimsIPRAisnotindependentandhasapolicy
exoneratinganyofficer.
Againstmyrecommendation,IPRAhasalreadyprovidedthisresponsethatwasalittleantagonistic.Iveaskedthatthey
followupwiththisaswelltosoftenandreinforcetheirmessage:
Chicagoisuniqueamongmajorcities.IPRAactuallyhasmorepowertoinvestigatethaneventhevastmajorityofcivilian
oversightagenciesintheUS.IPRAhasprimaryinvestigativeauthorityandsubpoenapoweroverthemostseriouscases
ofpolicemisconductinChicago.Evenincitiesthathavesometypeofstillrarecivilianreview,mosthavetheirpolice
departmentsconducttheentireinvestigationandthenallowacivilianoversightboardtoreview.
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From:
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Cc:
Subject:
Collins, Adam
Tuesday, May 26, 2015 5:36 PM
Merritt, Larry;Rountree, Janey
Ando, Scott
RE: NBC5 story that airs tonight at 10:00 lookking ofr one mroe response
Follow Up Flag:
Flag Status:
Follow up
Completed
I completely agree that we need to engage more, but if their focus is on specifics investigations we should tread
very lightly. This is about Laquan McDonald and we should not do interviews about open investigations.
-------- Original message -------From: "Merritt, Larry" <[email protected]>
Date: 05/26/2015 5:29 PM (GMT-06:00)
To: "Collins, Adam" <[email protected]>, "Rountree, Janey"
<[email protected]>
Cc: "Ando, Scott" <[email protected]>
Subject: FW: NBC5 story that airs tonight at 10:00 lookking ofr one mroe response
See below. So, Can anyone do an interview? I think we need to accept some of these opportunities. Lets discuss and let
me know how I should respond to Don. These stories are getting done with or without us.
of police misconduct in Chicago. Even in cities that have some type of still-rare civilian review, most have their police
departments conduct the entire investigation and then allow a civilian oversight board to review.
Ms. Gorman could not be more wrong in her mistaken belief that it is the policy of IPRA to exonerate any
officer involved in a shooting. IPRA is a professional investigative civilian oversight agency. As such, IPRA
investigates every officer-involved shooting independently of the Chicago Police Department; IPRA does so
fairly, objectively and thoroughly. IPRAs policy is to reach the proper conclusion relative to the officers use
of deadly force based solely on the evidence. In any situation in which the use of deadly force is determined to
have been outside of policy or a violation of the law, IPRA has no qualms in saying so. If Ms. Gorman or any
Chicago police officer believes officers have complete impunity, they are sadly mistaken. Scott Ando
From: [email protected] [mailto:[email protected]]
Sent: Tuesday, May 26, 2015 9:57 AM
To: Merritt, Larry
Cc: [email protected]
Subject: NBC5 story that airs tonight at 10:00 lookking ofr one mroe response
Larry;
We are running our story on the Burger King video tonight at 10:00, including your response.
One other part of the story that we would like to interview someone from IPRA or get a statement is this:
We interviewed attorney Candace Gorman who claims in a lawsuit involving the shooting death of Divonte Young that
IPRA does not work as an independent voice in investigating police shootings. She states that the policy of IPRA is to
exonerate any off8icer in a shooting and police officers know they have complete impunity.
Please let me know.
Many thanks,
Don Moseley
Marin Corp Productions
NBC5 News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
2
We have no
credible evidence at this time that would cause us to believe CPD purged or
erased any surveillance video. Furthermore, Burger King did not have a
surveillance camera that pointed in the direction of the shooting, making this a
moot point.
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From:
Sent:
To:
Subject:
Breymaier, Shannon
Tuesday, May 26, 2015 8:56 PM
Breymaier, Shannon
Tomorrow's News
Follow Up Flag:
Flag Status:
Follow up
Completed
WEDNESDAY
Everyone:CoverageofCPDawardsceremony.
Everyone:CoverageofMREandSuptMcCarthy'sgaggleonawards,Springfieldactionandweekendviolence.
NBC5/Marin:StoryaboutIPRAinvestigations.WillsaythereareclaimsCPDerasedsurveillancevideooftheLaquan
McDonaldofficerinvolvedshootings(IPRAsaidnothingsupportsthisallegation),andthatIPRAisnotadequately
investigatingcases.
CBS2/Tellez:AnotherstoryabouthypodermicneedlesfoundinDouglasPark.Parkstaffremovedtheneedlestoday,and
parkssaidthatourstaffroutinelymonitorsandcleansparks,butpatronsshouldalertparkstafftoanyunsafe
conditions.
Bloomberg/Elizabeth,CT/Hal&Heather,Crains/Hinz,possiblyothers:Coverageofthecitysbondpricingasnextstepin
achievingfixedratesandmorefinancialsolidity.
CT/Hilkevitch,ST/Schlickerman:StoriesaboutnewCTACustomerCourtesycampaignlaunchingtomorrow,whichisthe
firstCTAcourtesycampaigninmorethanadecade.Thecampaignisbasedoncustomerfeedbackandobservationsand
isintendedasaconversational,friendlyreminderaboutcommonpublictransportationcourtesies,suchasnotlittering,
notblockingdoorsandnoteatingontrainsandbuses.
ST/Fitz,Crain's/Hinz:Storiesabout
electedofficials,LSCmembers,andparentsopposingNoblemovingintoabuildinginIrvingParkonthenorthside.
ST/Main&Janssen:StoryaboutaraciallychargedphotooftwoformerCPDofficerstakeninsideaWestSidepolice
stationbefore2003.Thephotoshowstheofficersposingwithgunsoveranunidentifiedproneblackmanwhoisdressed
upincostumedeerantlers,asifhewereahuntingtrophy.Oneofficerwasultimatelyarrestedforahostofother
charges,whiletheincidentledtotheotherofficer'sdismissallastyear.CPDprovidedastatementcondemningthe
photoandthebehaviordepictedinit.
ST/Brown:Storyonriverwalkandifwecanaffordit.CDOTpushedtheTIFIAfunding,repaidwithrevenuefromthetour
boatlicenseagreements,leasesandconcessionsofspaceontheriverwalk,andadvertisingrevenues.
ST&BGA/Shaw:ColumnonCPSandthe
solesourceprocess.
CT/Hilkevitch.StoryaboutconstructionstartingonDamen,ElstonandFullertonintersection.
Crains/Hinz:PlacedstoryonMREsnamingoftwocabinetpositions.
1
Crains/Gallun:Updateonthe101unitGoldblattsSeniorLivingProjectforwhichDPDhasallocatedvariousformsof
financing,includingarecent$2.5millionbondissuetoaccommodatecostoverrunsresultingfrompartnershipissues
andtheageofthebuilding.Piecemaysuggesttheoverrunsmaybepartlyduetomismanagementandmaybecritical
ofthecityiskickinginanother$2.5million.DPDreiteratedthatthefinancingisatnoexpensetothecityandthatthe
goalistocreatenew,affordableseniorhousingatahistoriclandmarkthat'sbeenunderutilizedforyears.
________________________________
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From:
Sent:
To:
Subject:
Ralph M. Price
Wednesday, May 27, 2015 4:30 AM
Patton, Stephen
Missing Minutes From Security Video Raises Questions | NBC Chicago
http://www.nbcchicago.com/investigations/laquanmcdonaldinvestigation305105631.html#
From:
Sent:
To:
Subject:
Rountree, Janey
Wednesday, May 27, 2015 10:18 AM
Collins, Adam;Higgins, Jessica
RE: (NEWS) NBC5 News at 10PM: Chicago Police Department accused of deleting
footage of Laquan McDonald shooting
Follow Up Flag:
Flag Status:
Follow up
Completed
Iwasnteither.Jess,didyouknowtheywereauditingtheofficerinvolvedshootings?
GuessIdidntrealizetheIGwasdoinganIPRAaudit
From: NewsClips
Sent: Wednesday, May 27, 2015 5:06 AM
Subject: (NEWS) NBC5 News at 10PM: Chicago Police Department accused of deleting footage of Laquan McDonald
shooting
NBC5Newsat10PM:ChicagoPoliceDepartmentaccusedofdeletingfootageofLaquanMcDonaldshooting
ANCHOR:Tonight,NBC5investigated.AclaimChicagopoliceofficersdeletedfootagefromasecuritycamera
locatednearwhere17yearoldLaquanMcDonaldwasshotandkilled.Eightysixminutesofvideoismissing
fromthenightasingleofficershotMcDonald16times.Thecityquicklysettledthecasewithoutalawsuitfor
$5million.NBC5sCarolMarincontinuestoherinvestigation.
MARIN:The86missingminutesofvideooccurredbetween9:13and10:39p.m.TheshootingofLaquan
McDonaldtookplaceat9:50p.m.AccordingtoadistrictmanagerforBurgerKing,policeenteredoneoftheir
restaurantsnotlongaftertheshootinganderasedfootagefromthecompany'ssecuritycameras.TheBurger
Kingsitsat40thandPulaskiandhasaseriesofoutsidesecuritycameras.OnthenightofOctober20th,
LaquanMcDonaldwastrailedbyChicagopoliceofficersthroughtheBurgerKingparkinglotafteracallabouta
manwithaknife.Justsouthoftherestaurant,McDonaldwasshot16timesafterpoliceonthescenesaidhe
posedaveryseriousthreat,aclaimdeniedbyattorneysforLaquanMcDonald'sfamilyandbysome
eyewitnessesthatnight.
JEFFNESLUND,MCDONALDFAMILYATTORNEY:Thiswitnesstoldus,youknow,thiswasanexecution.That's
hisword.
MARIN:Aftertheshooting,accordingtothedistrictmanagerforBurgerKing,fourtofivepoliceofficers
wearingblueandwhiteshirtsenteredtherestaurantandaskedtoviewthevideoandweregiventhe
passwordtotheequipment.Threehourslater,theyleft,hesaid.Thenextday,whenaninvestigatorforthe
IndependentPoliceReviewAuthority,IPRA,askedtoviewthesecurityfootage,theydiscoveredthatvideo
wasmissing.Inastatement,IPRAsaid,Wehavenocredibleevidenceatthistimethatwouldcauseusto
believeCPDpurgedorerasedanysurveillancevideo.ButaccordingtoJayDarshane,districtmanagerfor
BurgerKing,allofthecamerasandtherecorderwereonandworkingproperlythenightoftheshooting.So,
1
whathappened?Darshanebelieves,hesaid,thatoneoftheofficersdeletedfiles.Wehadnoideatheywere
goingtositthereanddeletethefiles,JayDarshanesaidbytelephoneonFriday.Imean,wewerejusttrying
tohelpthepoliceofficers.Theironyofthemissingvideo,allsidesagree,isthatitwouldnothaveshownthe
actualshooting.ButaccordingtolawyersfortheMcDonaldfamily,itcouldhaveshowneventsleadinguptoit.
NESLUND:OurfirsttimedownattheBurgerKingrestaurant,whenwerealizedvideohadbeendeletedoris
missing,absolutelyweknewsomethingwasup.
MARIN:WhilethevideofromtheBurgerKingismissing,theshootingofMcDonaldwascapturedonapolice
dashboardcamera,thoughthatvideohasnotbeenmadepublic.TheFBI,theUSattorneyandtheCook
Countystate'sattorney'sofficeareinvestigatingtheMcDonaldshooting,asistheIndependentPoliceReview
Authority.
CANDICEGORMAN,ATTORNEY:Idontregardthemasindependent,andIdontregardthemasinvestigators.
MARIN:AttorneyCandiceGormanrepresentsthefamilyofDevonteYoung,whowasshotandkilledbya
ChicagopoliceofficerinAugustof2012.ThatofficersaidhewasinfearofhislifeafterYoungshotathim.
ThoughtheIndependentPoliceReviewAuthoritysaiditwasajustifiedshooting,itnoted,however,No
weaponwasfoundonornearthesubject,soitwassurprisedthatacivilianhadremovedthegun.Inacivil
rightscasefiledinfederalcourt,GormancontendsIPRAsinvestigationsareawhitewash.
GORMAN:Theirpolicyistoexonerateeveryofficerwhosinvolvedinashooting,andtheofficersknowit.
MARIN:IPRArespondedthatitsinvestigationsaredonefairly,objectively,andthoroughlyandMs.Gorman
couldnotbemorewrong.ChicagoinspectorgeneralJosephFerguson,accordingtotheIG'swebsite,is
auditingtheaccuracyandcompletenessofIPRAsreportingofofficershootingsandinvestigations.A
spokeswomanfortheIG'sofficesaysthatauditisongoing.CarolMarin,NBC5News.
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From:
Sent:
To:
Subject:
Escalante
Wednesday, May 27, 2015 1127 AM
Roy; Eugene J.
RE: Missing Minutes From Security Video Raises Questions ~ NBC Chicago
Thanks
John J. Escalante
Chief
Bureau of Detectives
312-745-6001
From: Roy, Eugene J.
Sent: Wednesday, May 27, 2015 11:03 AM
To: Escalante, John J.
Subject: FW: Missing Minutes From Security Video Raises Questions ~ NBC Chicago
This is the other story I was mentioning to you.
-----Original Message----From: Price, Ralph M.
Sent: Wednesday, May 27, 2015 4:30 AM
To: Roussell, James M.; Roy, Eugene J.
Subject: Missing Minutes From Security Video Raises Questions ~ NBC Chicago
h_t~/www.nbcchica~o.com/investigations/laquan-mcdonald-investigation-305105631.html#
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Follow up
Flagged
Just so you know, nobody deleted anything off the video. Period.
Scott M. Ando
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message, and permanently delete the original and any copy of any e-mail and printout thereof.
Ok.Doyouknowhowmuchtimetheyaredevotingtothesegment?
Whenisitrunning?Aretheyintown?
Whichshowdoessheproduceandwhatkindofsegmentaretheydoingonthis?
Larry L. Merritt
Director of Community Outreach & Engagement
Independent Police Review Authority
1615 W. Chicago Avenue, 4th Floor
Chicago, IL 60622
(312) 746-3609
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any e-mail and printout thereof.
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IapologizeforthedelayI'moutoftheofficetoday.Icangiveyouacalltomorrowaround10:30ifthatworksforyou.
SentviaBlackberry.
From: Higgins, Jessica [mailto:[email protected]]
Sent: Thursday, May 28, 2015 05:35 PM
To: Rountree, Janey <[email protected]>; Muellenbach, Eric
Subject: RE: IPRA and IG audits
ThanksJaney.
EricImaroundandgenerallyavailabletomorrow,orwecansetupatimeforabriefcallnextweek.Justletmeknow
whatmightworkforyou.
JessicaHiggins
CityofChicago
121NLaSalleSt.,Room509
312.744.6501
Eric,
WillyouconnectwithJessHiggins,copiedhere,tobringheruptospeedontheIGauditintohowIPRAreportsofficer
involvedshootings?JessicahandlesallIGmattersfortheMayorsOffice.Thisparticularauditstartedbeforehertenure
andwasrecentlymentionedinanewsarticleabouttheLaquanMcDonaldshooting.
Thanks,
Janey
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contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
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From:
Sent:
To:
Subject:
Collins, Adam
Friday, May 29, 2015 12:15 PM
Rountree, Janey;Ewing, Clothilde;Quinn, Kelley
RE: Announcing new Chair of the Police Board
Follow Up Flag:
Flag Status:
Follow up
Completed
If it's in the short term the answer to any question should really be that she just got nominated and while she has
a deep background in public safety she's going to spend the next few weeks getting up to speed on the details.
IpromisedherIwouldgiveherguidanceonanyquestionsshemightgetasked(unlesswewanthernottorespondat
all).IthinkitwouldbestandardanswerstoLaquanMcDonald,recentcommentsbyMREaboutthepoliceboard,a
questionaboutthesaferreport,etc.Icanworkonitifwedontanythingputtogether.
Sort of. we could start with the fact sheet. Don't think we need to put Lori on the phone with Fran
-------- Original message -------From: "Rountree, Janey" <[email protected]>
Date: 05/29/2015 11:44 AM (GMT-06:00)
To: "Ewing, Clothilde" <[email protected]>, "Quinn, Kelley"
<[email protected]>, "Collins, Adam" <[email protected]>
Subject: RE: Announcing new Chair of the Police Board
Imworkingonit.Adam,doyouhaveapremadeQ&Aaboutcommonpolicedisciplineissues?
Janey,needyoursignoffandassumetherewouldbecallsthatneedtobemadeASAP
ThiswouldbeaneasyoneforFrantogetout,andshelovesLori.
AnyreasoninternallythatwecantdoLorisannouncementforSundaypaper?Wearenotgoingtogetthegreenlight
forSchoolboardwithenoughtimetogetthisplaced.
ItwouldmeanwewouldhavetoletFranstartreportingnow,butwecouldstillinsistonSaturdaynightembargo.
AnywordonwhetherwearegoingtoreappointElisaRodriguezandWilliamConlonwhosetermshavealsoexpired,but
arenotsubjecttotermlimits?
CanweincludealineinthereleasethankingDemetriusCarneyforhisyearsofservice.Canwelethimknowinadvance?
2
SharedwithFarzin,sohecanadviseAldermanReboyrasnewCityCouncilPublicSafetyChairinadvance,if
appropriate.
LorisappointmenttotheBoardasmemberissubjecttoCityCouncilapproval.ItisMayor,however,whodesignatesthe
Chair.
Kelly,Adam,JillandClo,
IwantedtointroduceyoutoLoriLightfoot,apartneratMayerBrown,whomtheMayorhasselectedtobethenew
ChairofthePoliceBoard,replacingDemetriusCarney.WeareveryluckythatLoriagreedtocomebacktocityservice
youwillallreallyenjoyworkingwithher.Asyoumayalreadyknow,theMayorrequestedthatweannounceher
appointmentnextweek,andLoriisamenabletothattimeline.Iwantedtoconnecteveryonesowecandiscussthe
formatandtimingoftheannouncement.Lorihasanextensivebioonthefirmswebsite,thoughImsureshewouldbe
happytoprovideanyadditionaldetailyoumayneed.Ialsotoldherwewouldhelpprepareherforanyquestionsshe
willgetfrommedia.
LoriKelleyisthechiefSpokeswomanfortheMayor.AdamisaDeputyPressSecretarywhofocusesonthepublicsafety
agenciesamongotherissues.Cloistheheadofstrategiccommunications,andJillmanagesboardappointmentsamong
otherresponsibilities.
Illletthecommspeoplechimeinwithnextsteps.
Thanks,
Janey
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From:
Sent:
To:
Cc:
Subject:
Langsdorf, Elizabeth
Wednesday, June 03, 2015 5:12 PM
Holden, John;Patton, Stephen;Darling, Leslie;Platt, Thomas;Franklin, Liza;Peters, Lynda
Breymaier, Shannon;Cooper, Tarrah
RE: FYI on MSNBC report last Thursday
WithTarrah
FYIIjustfoundthatMSNBCdidastorylastThursdayfollowinguponChannel5sstoryearlierlastweekonalleged
eventsfollowingtheMcDonaldshooting
http://www.msnbc.com/allin/watch/missingvideointhelaquanmcdonaldcase453667395733
ItincludesextensiveinterviewcommentsfromMcDonaldattorneyMichaelRobbinswhocomesinataboutfouranda
halfminutesintothepieceandtalksatthemissingBurgerKingvideoandwhatsomewitnesseswereallegedlytoldby
investigators.
HostChrisHayes(whoisthesoninlawoftheBGAsAndyShaw)saidMSNBCwillcontinuetofollowthestory,andwill
appealarecentrejectionbyCPDofaFOIAtheyfiled.
John
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Holden, John
Thursday, June 04, 2015 3:41 PM
Patton, Stephen;Darling, Leslie
Breymaier, Shannon;Langsdorf, Elizabeth
Update on WSJ police settlement story
FYIJustaquickupdateonthelonggestatingstorybytheWallStreetJournalontrendsinvolvingsettlementpayments.
ReporterZushaElinsoninformedmetodaythatthestoryisstillintheworks,butitsscopehaschangedsincehewaslast
intouch.Insteadoflookingatthetop15lawenforcementagenciesinthenation,theyarenowjustlookingatthetop
10citiesafterdeterminingthataddinginsheriffsdepartmentscausedtoomanyapplesandorangesvariables.
Usingouronlinedata,theydeterminedChicagohaspaidout$279millionoverthepastfiveyearsinsettlementsand
judgmentsandthatofthatamount$249.7millionispolicerelated.WorkingwithJimDunn,weverifiedtheirnumbers
wereaccurate.Ialsonotedthatofthe$249.7millioninpolicecasespayments,about$201millionofthatwasforcases
filedpriortothecurrentadministration.Hewasveryappreciativeforgettingthatnumber.
Hesaidthestorywillincludeatablethatshowswhatthetenlargestcitiesarepayingoutintotalsettlementsand
judgmentsandthenhowmuchofthatistiedtopolicecases,butotherwisethestorywillnotspendalotoftime
comparingnumbersbetweencities.Ratheritwillfocusonthelargenumberofvariablesthatdrivesuchcostsaround
thecountryandthatevenjudgmentscomingoutoffederalcasesvarygreatlydependingonthejurisdiction.
Hesaidthatthestorywillnotethatthesecostsseemtoberisingalloverthecountry,eveninstatesthathavecaps
(includingMaryland)and/orverytoughenvironmentsforplaintiffslawyerstryingtowincivilrightscases,suchas
Texas.Theyspeculatethatthehighprofilepoliceshootingcasesofthepastyear,includingthatofLaQuanMcDonald,
arelikelytofurtherthistrend.
Thereisstillnocertaintywhenthestorywillrun,butthereporteraffirmedthathewouldgivemeadayortwoof
advancenoticebeforeitdoes.
Letmeknowifyouhaveanyquestions.
John
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Attachments:
(Atty/Client Privileged)
Tom,
Good Day. Please see the attached re: Laquan McDonald v City of Chicago
Thank You,
Tony Wojcik
08June15
Tom,
Re:LaquanMcDonaldv.CityofChicago.
Thanksformeetingwithus.Inadditiontotheassistancewerequestedatthemeetingweaskthe
following:
Aswementionedduringourconversationwehaveconcernsaboutpotentialharmthatmayoccurasa
resultofourbeingindividuallynamedintheSettlementAgreementintheabovereferencedmatter.
Theseconcernsincludepossibledangertoourselves,ourfamiliesanddamagetoourproperty,among
others.
Sincewehavenotbeenformallynamed,accused,orallegedtohavecommittedanyinfractioninany
affidavit,courtfiling,orcomplaint,andbecauseournameswerespecifiedintheSettlement
Agreementwithoutourknowledge,consentand/orconsultmerelybecausethePlaintiffsAttorney
suggestedwewereprospectivedefendantsinalawsuitthatwasneverfiled,werequestyou
immediatelydemandthattheCityofChicagoredactournamesfromanyFreedomofInformation
requeststhataregrantedfromthisimmediatetimeforward.
WewouldalsolikeyoutoensurethatwebeformallynotifiedbytheCityofChicagoofanyandall
FreedomofInformationrequeststhathavetodate,andwillinthefuturebegrantedorrefused.
Ifyouneedanythingadditionalforthisrequestletmeknow.
ThankYou,
TonyWojcik
(312)6722179WorkCell
LtAnthonyWojcik#
SgtDanielGallagher#
DetDavidMarch#
DetRichardHagen#
From:
Sent:
To:
Subject:
Attachments:
Fischler, Matt
Tuesday, June 09, 2015 12:36 PM
Rountree, Janey;Hill, Kathleen;Iweagwu, Tony
Re: Public Safety To Do List_May 19.docx
Public Safety To Do List_May 20 notes.docx; Public Safety To Do List_May 19 MF KH
adds.docx
Bothversions,onewithkatie/mattadditionspremeetingandonewithnotespostmeeting
From:Rountree,Janey
Sent:Tuesday,June9,201512:33PM
To:Fischler,Matt;Hill,Kathleen;Iweagwu,Tony
Subject:PublicSafetyToDoList_May19.docx
Willyouguysupdatethisbeforeourmeetingthisafternoon?Notethatattachedwastheoriginalversionbeforeyou
guysredlineditinadvanceofourlastmeeting.Oneofyouprobablyhasthefinal,redlinedversionelectronically(Ionly
keptthepapercopy).thanks
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He did not specifically ask about dates, but he did ask how the average resident would learn about this, etc.
These meetings are not 'advertised' to the public. Deputy Chief Washington will call different stakeholders in the
community and ask if they are interested in hosting a listening tour and leaves it up to them who they invite (20-25
people). The only direction he gives them is that this will be a discussion where members of the community can offer
ideas or solutions on enhancing on community and police relationships. So these are not publicly advertised, as it would
miss the point of the original premise of the listening tour.
Wereweaskedspecificallyaboutdates?
Howareweadvertisingthistothepublicorworkingwiththecommunities?Thiswillbechased.
From: NewsClips
Sent: Wednesday, June 10, 2015 12:02 PM
Subject: (NEWS) WBEZ: CPD 'listening tour' fuzzy on details
CPD'listeningtour'fuzzyondetails
WBEZ//PatrickSmith//June10,2015
Citiesacrossthecountryhavebeenrippedapartbyviolentencountersbetweenpoliceandcitizens.
FergusonhadMichaelBrown,NewYorkhadEricGarner,BaltimorehadFreddieGrayandChicagohad17
yearoldLaquanMcDonald,whowasshot16timesbyaChicagocoplastOctober.TheresalsoChicagoPolice
CommanderGlennEvans,indictedforallegedlyramminghisgunintosomeonesmouth.AndDetectiveDante
Servin,acquittedofkilling22yearoldRekiaBoyd.
Thatspartofthereasonwhythecitystopcop,Supt.GarryMcCarthy,recentlyannouncedabig,citywide
listeningtour.Itsamajorinitiativeforthepolicedepartmenttocommunicatewiththepublic.
Theresabigantipolicesentimentbothlocallyandnationally.Andweredealingwithprotestsonadaily
basis,McCarthysaidintheSpring.
AfterDetectiveServinwasfoundnotguiltybyajudgeinApril,angerinChicagoreachedahighpoint.And
thatswhenMcCarthycameoutwithaplantorepairtherelationshipbetweencopsandresidents:Hecalledit
theCPDNeighborhoodOutreachTour.
Theideawasthedepartmentwouldopenupabigpublicdialogue.McCarthyandpolicecommanderswould
personallymeetwithpeopleandreallylisten.
MayorRahmEmanuelthrewhissupportbehindtheinitiative.
Thelisteningtour,notjustbySuperintendentMcCarthy,itsalsobyeachofthecommandersinthedistricts,
isallapartofeffortofbuildingtrustandrelationshipsthatareessentialpartofcommunitypolicing,Emanuel
said.
CHAIN CONTINUES AS
PREVIOUSLY PRODUCED
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Follow up
Completed
No, when Patrick Smith reached out, he did not ask me about specific dates. He just asked to speak with the Supt about
the tour and also, how the public can go about finding out info about the meetings.
Wewerentaskedaboutdates,right?
Wereweaskedspecificallyaboutdates?
Howareweadvertisingthistothepublicorworkingwiththecommunities?Thiswillbechased.
From: NewsClips
Sent: Wednesday, June 10, 2015 12:02 PM
Subject: (NEWS) WBEZ: CPD 'listening tour' fuzzy on details
CPD'listeningtour'fuzzyondetails
WBEZ//PatrickSmith//June10,2015
Citiesacrossthecountryhavebeenrippedapartbyviolentencountersbetweenpoliceandcitizens.
1
FergusonhadMichaelBrown,NewYorkhadEricGarner,BaltimorehadFreddieGrayandChicagohad17
yearoldLaquanMcDonald,whowasshot16timesbyaChicagocoplastOctober.TheresalsoChicagoPolice
CommanderGlennEvans,indictedforallegedlyramminghisgunintosomeonesmouth.AndDetectiveDante
Servin,acquittedofkilling22yearoldRekiaBoyd.
Thatspartofthereasonwhythecitystopcop,Supt.GarryMcCarthy,recentlyannouncedabig,citywide
listeningtour.Itsamajorinitiativeforthepolicedepartmenttocommunicatewiththepublic.
Theresabigantipolicesentimentbothlocallyandnationally.Andweredealingwithprotestsonadaily
basis,McCarthysaidintheSpring.
AfterDetectiveServinwasfoundnotguiltybyajudgeinApril,angerinChicagoreachedahighpoint.And
thatswhenMcCarthycameoutwithaplantorepairtherelationshipbetweencopsandresidents:Hecalledit
theCPDNeighborhoodOutreachTour.
Theideawasthedepartmentwouldopenupabigpublicdialogue.McCarthyandpolicecommanderswould
personallymeetwithpeopleandreallylisten.
MayorRahmEmanuelthrewhissupportbehindtheinitiative.
Thelisteningtour,notjustbySuperintendentMcCarthy,itsalsobyeachofthecommandersinthedistricts,
isallapartofeffortofbuildingtrustandrelationshipsthatareessentialpartofcommunitypolicing,Emanuel
said.
Therewerenodetailsaboutwhenthetourwasstarting,nobigannouncementabouthowanybodyfromthe
neighborhoodscouldtakepart.Butthen,allofasuddenataChicagoCityClubeventinMay,McCarthysaid
thelisteningtourwasalreadyunderwayandthatitwasabighit.
Imgoingouteverysingledaytocommunitymeetings,sittingdownwithsmallgroupsofresidentswithout
thepress,andwehaveconversationsandwelistentopeople,McCarthytoldaroomfullofbusinessandcivic
leaders.
ButevenafterMcCarthygavehisspeechattheCityClub,therewasstillnowaytofindoutwhereandwhen
theeventsofthisbig,publiclisteningtourwerehappening.
WBEZhasbeentryingtofindoutmoreaboutthisoutreachtoureversinceitwasfirstannounced:Weve
called,weveemailedabouthalfadozentimesandweveaskedinperson.Themainquestioniswhereare
theseeventslistedforthepublic?
Thetourissupposedtobeachancetohearfromthepublictogetresidentfeedbackandtofoster
ongoingdialogue.Butifpeopledontknowaboutit,whydoit?
Residentsarenttheonlyonesstrugglingtogetthisinformation.Peopleyoudpresumewouldabsolutely
knowdonteither.
Seemslikeitssomekindofsecretmission,saidAld.PatDowell,whorepresentsthe3rdWardonChicagos
SouthSide.
Shesaidshewouldlovetoadvertisethelisteningtourtoherconstituents,butshesbeenkeptinthedark.
Idontknowanythingabouthowtheyreorganized,whatheistryingtoaccomplish,Ald.Dowelllamented.
Anofficerinchargeofcommunityrelationsforherdistrictsaidshedidntknowwhenthemeetingswere
happeninginherdistrict.Infact,shealreadymissedtheoneinherowndistrictsheonlyfoundoutaboutit
fromaresidentafterwards.
DowellsfellowSouthSidealderman,RoderickSawyer(6),saidhegotalistofthelisteningtourstopsafterhe
specificallyaskedthepolice.Buthesaidhedoesntthinkmostpeoplehaveanywayoffindingoutaboutthe
events.
Ald.Sawyersaidhesuspectsthepolicewanttohandpicktheiraudience,whichhesaiddefeatsthewhole
purpose.
RemainingDialogueTourEvents
District
Date
Time
Location
Contact
Garfield Hospital,
011
Thursday, June 11
5:30 p.m.
Chuck Levy
520 N. Ridgeway
2
002
014
011
Thursday, Jul 2
6:00 p.m.
010
Tuesday, July 7
7:00 p.m.
002
Thursday, July 9
6:00 p.m.
007
Monday, July 13
6:00 p.m.
015
005
Monday, July 20
Chicago Urban
League, 4510 S.
Roderick Hawkins
Michigan
Bickerdike
Redevelopment
Danny Serrano
Corporation, 2550 W.
North
People's Church of
the Harvest, 3570 W. Pastor Eaddy
Fifth Avenue
Lawndale Christian
Development
Corporation,
2111 S. Hamlin Ave
Tracie Worthy
(Firehouse
Community Arts
Center) Ogden and
Hamlin
KLEO Community
Family Life Center, Torrey Barrett
119 E. Garfield Blvd.
Chicago Embassy
Church, 5848 S.
Bishop Peecher
Princeton
Mars Hill Baptist
Church, 5916 W.
Pastor Stowers
Lake St
Temple of Glory
Pastor Wilson
Church 311 E.
95th St.
6:30 p.m.
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From:
Sent:
To:
Cc:
Subject:
Holden, John
Wednesday, June 10, 2015 1:47 PM
Patton, Stephen
Darling, Leslie
FW: Dept of Law email search request
HiSteve
t.
John
From: FOIAeDiscovery
Sent: Wednesday, June 10, 2015 1:33 PM
To: Holden, John
Subject: Re: Dept of Law email search request
HiJohn,
Thesesearcheshavebeenexecuted.Theresultsarebelow.YouwillreceiveanemailviaOneDrivesharingthe
pstfilesshortly.Thanks.
6.10.2015FOIA1066
StephenPattonJohnHolden128
YES19MB
Microsoft
6.10.2015FOIA1067
ThomasPlattJohnHolden
362YES
41MBMicrosoft
6.10.2015FOIA1068
LizaFranklinJohnHolden90
YES12MB
Microsoft
From:FOIAeDiscovery
Sent:Wednesday,June10,20153:53PM
1
To:Holden,John
Subject:Re:DeptofLawemailsearchrequest
Gotit.Willnotifyyouwhencomplete.
From:Holden,John
Sent:Tuesday,June9,20156:25PM
Subject:DeptofLawemailsearchrequest
Hello
I am requesting an email search for the accounts of Stephen Patton, Thomas Platt and Liza Franklin all with
the Corporation Counsels Office for the time period of Oct. 20, 2014 to April 20, 2015 using the search terms
Neslund, Michael Robbins, and LaQuan.
JohnHolden
DirectorofPublicAffairs
ChicagoDepartmentofLaw
O:(312)7441575
C:
[email protected]
Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmay
containlegallyprivilegedand/orconfidentialinformation.Ifyouarenottheintendedrecipientofthisemail
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permanentlydeletetheoriginalandanycopyofanyemailandprintoutthereof.
From:
Sent:
To:
Subject:
Attachments:
Holden, John
Wednesday, June 10, 2015 5:03 PM
Darling, Leslie;Breymaier, Shannon;Rasmas, Chloe
Wade letter
Wade Response 061015.doc
AmberjustapprovedthisletterrequestingadditionalclarificationfromCarolMarinsintern.
JohnHolden
DirectorofPublicAffairs
ChicagoDepartmentofLaw
O:(312)7441575
C:(312)7184240
[email protected]
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
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From:
Sent:
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Cc:
Subject:
Holden, John
Thursday, June 11, 2015 3:13 PM
LAWFOIA;Ritter, Amber
Peters, Lynda;Farmer, Toni;Darling, Leslie
FW: NBC5 FOIA
Ittookabitofteasingout,butwefinallyhaveasuccinctrequestfromMarinsteamontheirLaQuanMcDonaldemail
search.TonicanyousetupafolderforanewFOIA?
We are requesting searches of the email accounts and/or letters or correspondence of Department of
Law employees Stephen Patton, Thomas Platt and Liza Franklin in which the name LaQuan (or Laquan)
McDonald is used for the time period of Oct. 20, 2014 to June 11, 2015.
John
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herein and may contain legally privileged and/or confidential information. If you are not the
intended recipient of this e-mail (or the person responsible for delivering this document to the
intended recipient), you are hereby notified that any dissemination, distribution, printing or
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Subject:
Holden, John
Thursday, June 11, 2015 3:16 PM
Rasmas, Chloe;Breymaier, Shannon
Darling, Leslie;Ritter, Amber
Carol Marin's third attempt at LaQuan McDonald email search
After a bit of back and forth with Carol Marins producer Don Moseley and student intern, we now have the
following language for their FOIA on the selected email searches involving the name LaQuan McDonald. We
will treat it as a new FOIA received today.
We are requesting searches of the email accounts and/or letters or correspondence of Department of Law employees
Stephen Patton, Thomas Platt and Liza Franklin in which the name LaQuan (or Laquan) McDonald is used for the time
period of Oct. 20, 2014 to June 11, 2015.
JohnHolden
DirectorofPublicAffairs
ChicagoDepartmentofLaw
O:(312)7441575
C:(312)7184240
[email protected]
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From:
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To:
Subject:
Green, Melissa
Thursday, June 11, 2015 4:32 PM
Rountree, Janey;Rapelyea, Sean;Fischler, Matt;Hill, Kathleen;Koronides, Christine
RE: URGENT: CALL
Follow Up Flag:
Flag Status:
Follow up
Completed
Awesome.thanksfordoingthis.wldliketodomoreofthisgenerallyonmanysubjectsandsoIappreciatetheeffort
andwillingnesstobefirst!
Seanshouldchimeintoo,butIthinkitwentverywell.TheyseemedmuchmoreengagedthantheirDCcounterparts
andmorefocusedonlocalissues(astobeexpected).Belowarethequestionstheyaskedandissuesdiscuss:
Questionstheyaskedandweanswered:
Gangviolence
Violenceagainsttransgenderedindividuals
violenceonthenorthsideinuptownandrogerspark
statusofbodyworncamerapilot
Reentryresources
istherearecentuptickinviolence?Ifso,whatscausingit?
Otherissueswediscussed:
CommissionforaSaferChicago
youthemployment
reentryresources
restorativejusticeinschools
alternativesforarrestedyouth
gangcallins
Federalgrantstosupportviolencereductionstrategy(PSN)andbodyworncamerapilot
trainingforofficers
responsetoLaquanMcDonaldshootingandstatusofinvestigation
newstreetdrugsandwhatsinthem
StaffforCongressmanDaviscomplimentedtheofficersinthe11thdistrictforproactivepolicing
Youwillbegreat,theywillbemonsters.Andifyourteamcantracktheirquestionswldbegreat!
Okwillletyouknowhowitgoes
From:Green,Melissa
Sent:Thursday,June11,20153:02:24PM
To:Rountree,Janey;Rapelyea,Sean;Fischler,Matt;Hill,Kathleen;Koronides,Christine
Subject:RE:URGENT:CALL
Dontusephone.Itchangesdynamic.Sorryforlastminuteaudible
Defertoseanaboutwhetheranyoftheotherattendeeshadplannedtocallin
Guys,arewetheonlypeoplecallingin?ifso,wearegoingtonotcallin.thereissomethingabtitthatdoesntfeelright
andruinsrhythmofinperson.Katie/Mattcanyoutakereallygoodnotesonwhatdelegationfolksask?
MelissaGreen
Director,FederalAffairsOffice
OfficeofMayorRahmEmanuel
[email protected]
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From:
Sent:
To:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Follow up
Completed
Hi Chloe,
I'm lucky to have 193MB of email storage. Most of the staff here have only 50MB.
There in no new agenda for CPD FOIA. We try our best to process them as best we can. I spoke to Bill B. and attached
an updated Media/PAC/Lawsuit list. I'll try to update it Wednesday but I think there is FOIA field trip to Homan Square to
look at records.
Mark
HiMarkmyemailyesterdaybouncedbackbecauseitsaidthereyourinboxwasfull.IsthereanewagendaforCPD
FOIAs?
pro se
Margaret Lundahl
pro se
pro se
pro se
Matt Topic
Matt Topic
Matt Topic
pro se
pro se
1
Matt Topic
Matt Topic
pro se
pro se
Margaret Lundahl
Matt Topic
Matt Topic
Matt Topic
pro se
Matt Topic
pro se
Paul Geiger
Matt Topic
+MarkbutIthinkheistiedupwiththerally.IwillsendyouthelastoneIreceived
From: Rountree, Janey [mailto:[email protected]]
Sent: Thursday, June 18, 2015 12:27 PM
To: Rasmas, Chloe <[email protected]>; Collins, Adam <[email protected]>; Rottner,
Jennifer E.
Subject: FOIA meeting this afternoon
Hiall,
CanIgetanupdateonwherewearewithCPDFOIA?Jennisthereanupdatedspreadsheet?
Thanks
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
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From:
Sent:
To:
Cc:
Subject:
Attachments:
Holden, John
Tuesday, June 30, 2015 5:12 PM
Franklin, Liza;Platt, Thomas
Patton, Stephen;Darling, Leslie
Reader story on police involved shootings
Reader- IPRA recommends firing CPD officer 062915.docx
HILizaandTom
FYI,thisistheChicagoReaderstorythatpromptedtheTribunestoryontheIPRArecommendationaboutfiringOfficer
Perez.Forwhatitisworth,thesecondhalfofthestorytriestorecapthenumberofofficerscurrentlyondeskduty,
includingServin,VanDyke,etc.
John
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contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
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delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Cc:
Subject:
Peters, Lynda
Monday, July 06, 2015 11:01 AM
Breymaier, Shannon;Holden, John;Patton, Stephen;Darling, Leslie
Ritter, Amber
Re: Ch. 5 interview request
LyndaPeters
CityProsecutor
From:Breymaier,Shannon
Sent:Monday,July6,201510:42:29AM
To:Holden,John;Patton,Stephen;Darling,Leslie
Cc:Peters,Lynda;Ritter,Amber
Subject:RE:Ch.5interviewrequest
.
If they want to get a general comment from the city in writing, we may consider that, depending on where they
but definitely not an interview.
Shannon Breymaier
O: 312-744-9045 C:
[email protected]
From: Holden, John
Sent: Monday, July 06, 2015 9:44 AM
To: Patton, Stephen; Darling, Leslie
Cc: Breymaier, Shannon; Peters, Lynda; Ritter, Amber
Subject: FW: Ch. 5 interview request
FYI.Pleaseletmeknowhowyouwouldlikemetorespond.BasedonpasthistorywithCarolMarin,theywouldlikely
balkinprovidingquestionsinadvance,butIwouldrecommendaskingforatleastagenerallineofquestionsbefore
evenconsideringit.
John,
We will do a story this week or next (not sure yet) on the emails we received. To that point is it possible to do an interview
with Steve Patton? The story will be based on what is in the e-mails and so we are looking at the city's mindset in settling
the case. I don't believe at this writing there is anything controversial from the city's standpoint.
Thanks,
1
Don Moseley
Marin Corp Productions
NBC5 News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
-----Original Message----From: Holden, John <[email protected]>
To: dmose92480 <[email protected]>
Sent: Mon, Jun 29, 2015 6:43 pm
Subject: Re: NBC5 FOIA
HiDonIhadafamilyemergencycropupovertheweekendandhavebeenouttodayatahospital.Iwasunderthe
impressionacolleaguewouldrespondtoyoubutifyoudon'tgetittodaythentomorrowforsure.Sorryforthedelay.
John
From:[email protected]<[email protected]>
Sent:Monday,June29,20154:40:42PM
To:Holden,John
Subject:Re:NBC5FOIA
Hi John,
Checking on our promised FOIA.
Thanks,
Don
Don Moseley
Marin Corp Productions
NBC5 News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
-----Original Message----From: Holden, John <[email protected]>
To: dmose92480 <[email protected]>
Sent: Wed, Jun 24, 2015 3:21 pm
Subject: RE: NBC5 FOIA
HiDonYes,youwillbegettingrecordsandwejustneedadditionalreviewingtimethataccommodatesvarious
schedules.Thanksforyourpatience.John
Don Moseley
Marin Corp Productions
NBC5 News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
-----Original Message----From: Holden, John <[email protected]>
To: Don Moseley <[email protected]>
Sent: Wed, Jun 24, 2015 1:46 pm
Subject: RE: NBC5 FOIA
HiDon
IknowwehaveadeadlinetomorrowonyourFOIA,butwoulditbepossibletogetyourconsentforacoupleofextra
daysuntilMondayforourresponse?
Thankyou,
JohnHolden
ThanksDon.JustsothatwecanafullandexplicitlywordedFOIArequestonthisallinoneplace,can
youpleaseconfirmthatthatwouldbe:
We are requesting searches of the email accounts and/or letters or correspondence of Department of
Law employees Stephen Patton, Thomas Platt and Liza Franklin in which the name LaQuan (or Laquan)
McDonald is used for the time period of Oct. 20, 2014 to June 11, 2015.
John
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From:
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Subject:
Attachments:
Fischler, Matt
Tuesday, July 07, 2015 11:10 AM
Rountree, Janey
project list
Public Safety To Do List_June 9 notes (1).docx; Public Safety Team Check - June 19.docx
Follow Up Flag:
Flag Status:
Follow up
Completed
attachedmynotesfromourlastcheckinandthenthenotesfromjune9thathasthefulllist
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Attachments:
Ritter, Amber
Tuesday, July 07, 2015 6:04 PM
Holden, John;Patton, Stephen;Darling, Leslie;Breymaier, Shannon;Platt, Thomas
RE: Channel 5 emails
Pages from 3.pdf
Iseethetopofthefirstemailwascutoff.Hereitisinitsentirety.
AttachedaretheemailsandattachmentsthatDonMoseleysaidwouldbereferencedinChannel5sstoryonthe
McDonaldsettlement,whichhesaidisslatedtoairThursdayinthe10p.m.newscast.Hesaidthestoryisgoingtolook
athowthesettlementdecisionwasmade.ItoldDonwewouldnotbeavailableforaninterviewbutsaidifhehadany
specificquestionsheneededaddressed,heshouldsendthemtome.Hesaidhethoughttheywereo.k.,butnotedhe
wasstilltryingtotrackdownvideoortranscriptsoftheFinanceCommitteehearingforStevescomments.
JohnHolden
DirectorofPublicAffairs
ChicagoDepartmentofLaw
O:(312)7441575
C:(312)
[email protected]
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
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Breymaier, Shannon
Thursday, July 09, 2015 9:10 PM
Breymaier, Shannon
Tomorrow's News
Follow Up Flag:
Flag Status:
Follow up
Completed
FRIDAY
AMTV:MREtoannouncethatFreshMovesMobileMarketswillprovideaffordablefreshfruitsandvegetablesinfood
desertcommunitiesonthecityssouthandwestsides.
ABC7,NBC5,CBS2,WGN9,ST:MREandCTAannounceda$30MPurpleLineExpressImprovementProject,whichwill
improveservicereliabilitythroughtrackmodernizationwork.
CT/Hal,Reuters/Pierog,WBEZ/Arnold,WTTWChicagoTonight/Friedman,ABC7,AP:Coverageoftoday'spension
hearing.DOLprovidedastatementconsistentwithpreviouspensionmessaging.ThejudgeisscheduledtoruleonJuly
24.
CBS2,ABC7,Crains/Gallun&Ori,WTTWChicagoTonight/Klauss,CT/Blair:StoriesonMarinaCityreceivingapreliminary
recommendationasaLandmarkDistrict.Itsthefirststepinamonthslongprocessthatcouldleadtoafinal
recommendationbytheCommissionsometimenextyear.Thatfinalrecommendation,ifapproved,wouldbeforwarded
toCityCouncil.
AP,WindyCityTimes,WGN9:Dr.Moritadidtargetedinterviewsonthecontinuingmeningitisoutbreakfollowingan
aldermanicbriefingonwhatCDPHisdoingtoprovidevaccinationstothosemostvulnerable.
ST/Fitz,CT/Juan,WBEZ/Vevea:CoverageoftheUSDOEannouncementofagreementwithCPStoensurethatdistrictis
compliantwithTitleIX.CPSprovidedastatementdemonstratingtheworkbeingdonetocomeintocompliance.
CT/Byrne,BGA/Karp,WBEZ/Vevea:CoverageofCCCtrusteemeetinginwhichthetuitionincreaseresolutionpassed.
CCCpushedbackhardonthemtoreflecttheaccuratecomparisonofoldtuitionstructurev.newone;evenw/
increases,CCCremainsthecheapestcommunitycollegealternativeforChicagoans.
CT/Kass:ColumnonimmigrationandvotingsparkedbyTrump'srecentcomments;willnotethatpeopledonothaveto
becitizenstovoteinLSCelections.
CBS2,FOX32,NBC5:StoriesfollowinguponstatementsmadebyAntonioBrown'sattorney;CPDconfirmedthathemet
withpolicebutdidnotcommentonwhatwasdiscussed.
CBS2,ABC7,NBC5:StoryonauseofforceincidentfromJunethatwascapturedonvideo.IPRAisinvestigatingandCPD
releasedastatementinresponse.OfficerremainsonfulldutybcIPRAhasnotrecommendedstrippinghimasofyet.
NBC5/Marin:AnotherstoryabouttheLaquanMcDonaldpoliceinvolvedshootingfocusingonemailsobtainedthrougha
FOIArequest.SomeoftheemailscontainconversationbetweenDOLandMcDonaldsattorneysaboutsettlement
negotiations,andMarinmayfocusonanemailoutliningsomeoftheplaintiffsinitialdemands.Marinalsoexpressed
1
interestinemailsinwhichstaffersofMPO,DOLandCPDforwardedanarticletoeachotherabouttheshootingthatwas
publishedinSlate.
CBS2/Zekman:FollowuptoherstoryonfoodinspectionsattheTasteofChicago.Shevisitedthreevendorsandclaimed,
followingherowntemperatureinspection,thatthreeofthesevenproductssheboughthadtemperatureviolations.
CDPHprovidedastatementabouttheproperproceduresfortemperatureinspections,thattheyaredoneinthekitchen
andnotafterfoodiswalkedawayfromthevendor,todispelherclaims.
NBC5:StoryaboutavideofeaturinganofficerbeingverballyabusiveduringanarrestinJune.IPRAandIADarejointly
investigating.
ABC7:CoverageofvisitbyAuburnUniversityofficialstoSchmidElementaryaftersecondgraderscreatedacollegeday
videothatwentviral.AthleticDirectorJayJacobsandAubie,theschoolmascot,surprisedthestudentswithatripto
AuburninSeptember.RetiredathleteandalumnusBoJackson,alsosurprisedstudentswithanupcomingtriptoaWhite
Soxgame.
PBSNewsHour:Nationalstoryongunviolence,willincludeaninterviewwiththePendletons.SuptMcCarthywillalso
discusschallengesfacingCPDintermsofaccountabilityforgunoffenders.
AP:StoryongunviolenceandchallengesfacingtheCPDintermsofaccountabilityforgunoffenders.Willinclude
interviewwithSuptMcCarthy.
CT/Gillers:Frontpagestoryonthebondissue,thefactthatweareissuingtaxablebondsandwhythepaymentshave
increasedforthisissue.Wesaidweexpecttheretobecontinuedinterestamonginvestorsandcontinued
acknowledgmentoftheMREsfinancialreforms.Shewilllikelysaythatwearestillscoopingandtossing,butframingin
otherways.WillincludecommentaryfromMattFabianonhowwewentaboutstructuringthedeal.Weexpectthatshe
willhitusoncontinuedborrowing.
ST/Schlickerman(possible):Storyaboutcityoverpaymentstosomefirefighter/EMTs;themoneyisnowbeingrecouped
fromemployeepaychecksoverthenextthreepayperiods.OBMoutlinedtheerror,explainingthattheoverpayments
weremadetothosethatwerenotyeteligibleforincentivepaybecausetheyhadnotservedintheirpositionsforlong
enough.WealsoexplainedthestepsCFD,DHRandOBMwilltaketopreventthisfromhappeningagain.
ST/Fitz:Storyinspiredbylastweek'sCBSpieceabouthowMovingEverest,acharteroperator,employedgiveawaysand
rafflestoattractfamiliestoenroll.CPSsaidthatwestronglydiscouragethesetactics,andencourageparentstoselect
schoolsbasedonacademicofferings.
STWire/Rezin:CoverageofalawsuitfiledbyastudentatPhillipsAcademy,whoclaimshewasassaultedbyaCPS
securityguard.CPSdeclinedtocommentonpendinglitigation.
Crain's:CoverageofLandmarkCommissionapprovalofroofdeckforGrouponheadquartersat600W.Chicago.
Crains/Ori:ItemaboutLandmarks'PermitReviewCommitteeapprovingarooftopdeckontheformerMontgomery
Wardcomplex.Passedwithoutcontroversy.
DNAinfo/Ludwig:StoryaboutParkDistrictBoardapprovingacontracttohaveSMGmanagetheupcomingMorganPark
SportsCenter.WillquoteSMGrepswhospokeatthemeetingabouthowthisfacilityisamuchneededamenityinthe
southsidethatwillalsogeneratemoneyfortheparkdistrict.
DNAinfo/Watson:Storyaboutatreeinthe15thwardthatfellonMondayanddamagedacar.DSSprovideddataonthe
significantamountofforestryworkperformedinthe15thward,pushingbackagainstcommentsfromsomeresidents
whoclaimnoforestryworkisdoneintheward.DSSalsosaidweprioritizetreeremovals/trimsandthatMREincreased
2
fundingtoenableadditionalweekendforestryworkthisyear.Despitethefactspresentedtoher,thereporterwilllikely
onlywriteabouttheonefelledtreeandnotmentionthedepartment'sotherworkintheward.
________________________________
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From:
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Subject:
Attachments:
Ritter, Amber
Friday, July 10, 2015 10:14 AM
Darling, Leslie
FW: Channel 5 emails
Pages from 3.pdf
PRIVILEGEDANDCONFIDENTIAL
Theresnocommentary,though.FWIW,JohntoldmethatMarinsproducerreferredtoanemailbetweenSteveand
RalphPrice,forwardingaKalvenarticle,inwhichtherewascommentaryaboutrecenteventscomplicatingthingsfor
CPD.However,asyoucansee(attached),thephrasearecentlyobtainedreportonthedeadteencomplicatesthe
ChicagoPoliceDepartmentsstory,whichappearsinthesubjectlineoftheemail,isactuallythetitleofthearticleand
iscertainlynotCitycommentary.
ImnotsureifJohnmisunderstoodMarinsproducerorifMarinsproducermisunderstoodtheemail.IadvisedJohnto
makesureitwasclear.
FYI,ShannonlaterforwardedthischaintoLeslie,reflectedintheattachment.
Actually,itlookslikeJohnscopycutoffthetopofseveralpages.Theemailthatappearsonpg.3ofthePDFJohnsent,
forwardingtheKalvenarticletotheteam,isfromAdam.Iamattachingabettercopyofithere.
TherestofthecopiesinhisPDFlookfine.
John, you told me over the phone that they were focusing on commentary attached to the emails concerning
the slate article and that Adam Collins was circulating the clip. The attachments you sent include neither
commentary or Adams email address. Can you please clarify what Don is focusing on, since these emails dont
match the description you provided to me by phone?
Shannon Breymaier
O: 312-744-9045 C: 312-859-2719
[email protected]
From: Holden, John
Sent: Tuesday, July 07, 2015 5:56 PM
To: Patton, Stephen; Darling, Leslie; Breymaier, Shannon; Platt, Thomas
Cc: Ritter, Amber
Subject: Channel 5 emails
AttachedaretheemailsandattachmentsthatDonMoseleysaidwouldbereferencedinChannel5sstoryonthe
McDonaldsettlement,whichhesaidisslatedtoairThursdayinthe10p.m.newscast.Hesaidthestoryisgoingtolook
athowthesettlementdecisionwasmade.ItoldDonwewouldnotbeavailableforaninterviewbutsaidifhehadany
specificquestionsheneededaddressed,heshouldsendthemtome.Hesaidhethoughttheywereo.k.,butnotedhe
wasstilltryingtotrackdownvideoortranscriptsoftheFinanceCommitteehearingforStevescomments.
JohnHolden
DirectorofPublicAffairs
ChicagoDepartmentofLaw
O:(312)7441575
C:(312)7184240
[email protected]
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
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From:
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Subject:
Breymaier, Shannon
Friday, July 10, 2015 5:22 PM
Holden, John;Patton, Stephen;Darling, Leslie
RE: Corrected online version
I dont think this update helps us much at all. It also still contains previous language (twice) highlighted in
yellow below.
This mistake is the crux of their entire story if you had a conversation with NBC to clarify before the story
ran, they wouldnt have had a story at all and we wouldnt be in this position. This is a completely unnecessary
self-inflicted wound that should and could have been easily avoided.
Shannon Breymaier
O: 312-744-9045 C:
[email protected]
From: Holden, John
Sent: Friday, July 10, 2015 5:08 PM
To: Patton, Stephen; Darling, Leslie; Breymaier, Shannon
Subject: Corrected online version
Theyamendedtheonlinestorywhichclarifiesthesubjectlineissue,butleavesinthereferencetotheChicagoPolice
Departmentsstory.IhavetoldDontwicethatitwasnottheChicagoPoliceDepartmentsstorybutrathertheFOPs.I
willcontinuetomonitor.
Emails released by the city's Law Department, following a Freedom of Information Act request, refer to complications in the Chicago Police
Departments story of how 17-year-old LaQuan McDonald was shot and killed. NBC Chicago's Carol Marin reports. (Published Thursday, Jul 9,
2015)
Updated 25 minutes ago
Emails released by the city's Law Department, following a Freedom of Information Act request, refer to complications in the Chicago Police
Departments story of how 17-year-old LaQuan McDonald was shot and killed.
At 4:27 on the morning of Feb. 11 and again at 5:28 a.m., Ralph Price, an attorney for the Chicago Police Department, e-mailed Corporation Counsel
Stephen Patton using the description in the link about the McDonald shooting posted on the website Slate: A recently obtained autopsy report on the
dead teen complicates the Chicago Police Departments story.
McDonald was shot 16 times on the night of October 20, 2014 after being stopped by Chicago police who responded to a call of a man with a knife.
According to attorneys for the estate of McDonald, a single officer fired the 16 shots, nine of which struck him in the back.
1
The attorneys say an unreleased video from a camera in a police vehicle show McDonald was on the ground and in a fetal position when some of the
shots were fired.
On the scene the night of the shooting a spokesman for the Fraternal Order of Police said McDonald lunged at officers and the shots were fired in
self-defense.
On Feb. 10, at 8:07 p.m. the website Slate posted a story titled Sixteen Shots by independent journalist Jamie Kalven. The story detailed how a
witness said McDonald was moving away from police, not lunging at them as the FOP spokesman originally said.
Kalven also first outlined details from the Medical Examiners autopsy, writing: The autopsy raises questions not only about how [McDonald] died,
but about how the Chicago Police Department has handled the case since.
Minutes later at 8:23 p.m., Adam Collins, a Deputy Press Secretary in the mayors office, according to emails provided by the city, sent a link of the
article to the Mayor Rahm Emanuels Chief of Staff and two mayoral assistants, as well as to Steve Patton, the city's Corporation Counsel.
Early on the next morning, Feb. 11, Price, an attorney for the Chicago police department, sent his e-mail to the citys top lawyer with the subject line:
A recently obtained autopsy report on the dead teen complicates the Chicago Police Departments story.
Price included a link to Kalvens story.
Patton replied in a return e-mail at 6:46 a.m.: Thanks.
A city Law Department spokesman said the Price e-mail did not reflect the citys viewpoint.
The e-mails suggest, however, that officials in both the Corporation Counsels office and the mayors office were closely monitoring what was being
reported with Chicagos mayoral election, at the time, less than two weeks away.
Early on the next morning on Feb. 11, Ralph Price, an attorney for the Chicago police department, wrote in an email to the citys top lawyer: A
recently obtained autopsy report on the dead teen complicates the Chicago Police Departments story.
Price included a link to Kalvens story. Patton replied in a return email at 6:46 a.m.: "Thanks.
The emails suggest officials in both the Corporation Counsels office and the mayors office were closely monitoring what was being reported with
Chicagos mayoral election, at the time, less than two weeks away.
LaQuan McDonald was shot less than three months after Michael Brown was shot and killed by an officer in Ferguson, Missouri, prompting national
attention on the police department in the St. Louis, Missouri suburbs.
On March 6 attorney Jeff Neslund, who along with Michael Robbins represents the McDonald family, wrote to the Corporation Counsels office.
The letter was released as part of the FOIA request and included the following: This case will undoubtedly bring a microscope of national attention
to the shooting itself as well as the citys pattern, practice and procedures in rubber- stamping fatal police shootings of African Americans as
'justified' . I submit this particular shooting can be fairly characterized as a gratuitous execution and as well as a hate crime."
The following month, the city announced it was offering a $5 million settlement in the case, although no lawsuit had been filed.
On April 9 Collins, in an email sent to Patton, as well as one of his top assistants and an assistant to the mayor, wrote in the subject line: Possible
inquires: CPD/McDonald shooting and noted the following Monday, April 13 the City Council Finance Committee would hear of the proposed
settlement agreement.
Two days later without debate the full city council approved the McDonald settlement.
The FBI and the U.S. Attorneys office, as well as the Cook County States Attorneys office have said they are investigating the McDonald
shooting.
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From:
Sent:
To:
Subject:
Ewing, Clothilde
Friday, July 10, 2015 7:16 AM
Collins, Adam
Fw: (NEWS) NBC5 News at 10PM: NBC5 investigates Laquan McDonald shooting
Follow Up Flag:
Flag Status:
Follow up
Flagged
From:NewsClips
Sent:Friday,July10,20154:12:08AM
Subject:(NEWS)NBC5Newsat10PM:NBC5investigatesLaquanMcDonaldshooting
NBC5Newsat10PM:NBC5investigatesLaquanMcDonaldshooting
ANCHOR:Nbc5investigateshowcityofficialscametobelievetherewereproblemswiththefatalshootingof
LaquanMcDonald.He'stheteenagershot16timesbyaChicagocop.Thedetailscomeinemailsreleasedin
Nbc5investigatesunderFreedomofInformationAct.HeresCarolMarin.
MARIN:OnFebruary11thofthisyearanattorneyfortheChicagopolicedepartmenttoldthecity'stoplawyer
quotetherewerecomplicationsinthepolicedepartment'saccountjustifyingtheshootingofLaquan
McDonald.17yearoldLaquanMcDonaldwassurroundedbytenChicagopoliceofficersonthenightof
October20th,2014accordingtoattorneysfortheMcDonaldfamily.Officersrespondedtocallofmanwitha
knife.Thefirstofficersonthescenerequestedataser.AswehavereportedattorneysforMcDonaldsfamily
sayoneofthelaterarrivingofficersfired16timeswithhisservicerevolver,eachshotstrikinghim.In
December2014,freelancereporterJamieKalvenwasthefirsttoreportonwhathappenedthatnightat41st
andPulaski.
KALVEN:Thestorytoldatthesitebythespokesmanforthefraternalorderofpoliceisboylungesatpolice
withtheknife.We'retolditsselfdefense,justifiedshooting.
MARIN:OnFebruary10that8:07Kalvenreportedhislateststoryonthewebsiteslatedetailingin16shotshow
awitnesssaidMcDonaldwasmovingawayfrompolice,notlungingatthemandKalvenalsooutlinedforthe
firsttimedetailsfromtheautopsy.QuotetheautopsyraisesquestionsnotonlyabouthowheMcDonalddied
butabouthowtheChicagopolicedepartmenthashandledthecasesince.At8:23p.m.,AdamCollins,the
deputypresssecretaryinthemayor'sofficeaccordingtoemailsprovidedbythecity,sentalinkofthearticle
tothemayor'schiefofstaffandtwomayoralassistantsaswellastoStephenPattoncitycorporationcouncil.
Theemailsuggestboththemayor'sofficeandthecorporatecouncilwerecloselymonitoringmediareportsof
thiscase.AtthetimeitwastwoweeksbeforetheFebruarymayoralelection.Themorningafterstory
appearedat4:27a.m.andagainat5:28a.m.,RalphPrice,anattorneyfortheChicagopolicedepartmente
mailedPattonthesubjectlinereadingarecentlyobtainedautopsyreportonthedeadteencomplicatesthe
Chicagospolicedepartmentsstory.Pattonrepliedinareturnemailat6:46amthanks.LaquanMcDonaldwas
shotlessthanthreemonthsafterMichaelBrownwaskilledbyanofficerinFerguson,Missouriprompting
nationaloutrage.TheMcDonaldshootingwascapturedonapolicedashcamerabuthasnotmadepublic.On
March6th,theattorneyJeffNeslundwrotetothecorporationcouncil'sofficethisquotethiscasewill
undoubtedlybringamicroscopeofnationalattention.Isubmitthisparticularshootingcanbefairly
characterizedasangratuitousexecutionandaswellasahatecrime.Withinamonth,thecasewasallbut
1
settled.TheFBI,theU.S.Attorney'soffice,thecookcountystateattorney'sofficeandafederalgrandjuryare
allcurrentlyprobingtheshootingofLaquanMcDonald.
ANCHOR:Thanks.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
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From:
Sent:
To:
Subject:
Darling, Leslie
Monday, July 13, 2015 10:56 AM
Ritter, Amber
Re: revised article
Gotit.Thanks.
>OnJul13,2015,at10:50AM,Ritter,Amber<[email protected]>wrote:
>
>Oddly,itwontletmeclipthelinktosend.IfoundtherevisedarticlebygooglingMarinlaquancomplicatesits
thefirsthit.
>
>
>Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmaycontain
legallyprivilegedand/orconfidentialinformation.Ifyouarenottheintendedrecipientofthisemail(ortheperson
responsiblefordeliveringthisdocumenttotheintendedrecipient),youareherebynotifiedthatanydissemination,
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From:
Sent:
To:
Cc:
Subject:
Breymaier, Shannon
Tuesday, July 14, 2015 10:00 AM
Rottner, Jennifer E.;Guglielmi, Anthony
Rountree, Janey;Ritter, Amber
RE: NBC story
Good morning! Any chance I can get an update on this before 10:30 am?
Shannon Breymaier
O: 312-744-9045 C: 312-859-2719
[email protected]
From: Rottner, Jennifer E. [mailto:[email protected]]
Sent: Monday, July 13, 2015 4:52 PM
To: Breymaier, Shannon; Guglielmi, Anthony
Cc: Rountree, Janey; Ritter, Amber
Subject: RE: NBC story
OK, thanks do you know if they actually sent responsive documents or if they just sent a denial? If not, well
just wait to see what the response says when you receive it.
Shannon Breymaier
O: 312-744-9045 C: 312-859-2719
[email protected]
From: Rottner, Jennifer E. [mailto:[email protected]]
Sent: Monday, July 13, 2015 4:47 PM
To: Breymaier, Shannon; Guglielmi, Anthony
Cc: Rountree, Janey; Ritter, Amber
Subject: RE: NBC story
So FOIA just told me they sent it out to him last week. I only have a copy of the original request, not the response. Just
asked them to send it over to me.
From: Breymaier, Shannon [mailto:[email protected]]
Sent: Monday, July 13, 2015 4:22 PM
To: Rottner, Jennifer E.; Guglielmi, Anthony
Cc: Rountree, Janey; Ritter, Amber
Subject: RE: NBC story
Will reach out to FOIA now and see what they can tell me.
From: Breymaier, Shannon [mailto:[email protected]]
Sent: Monday, July 13, 2015 4:19 PM
To: Rottner, Jennifer E.; Guglielmi, Anthony
Cc: Rountree, Janey; Ritter, Amber
Subject: RE: NBC story
OK, this may be a problem, unless the FOIA officers reached out to Don on day five and day 10 of his request
to ask for more time to respond (and they would have needed to agree to any extension beyond 10 days). Has
there been any correspondence sent to Don in regard to this FOIA?
Also, Jenn, you said that CPD was likely going to claim the request was burdensome, but if the burdensome
request wasnt made within 10 days of the request, youve blown the burdensome argument and will have to
produce all of the records.
Can you please find out ASAP as to what has been communicated to Don/NBC on this request so we can figure
out how best to proceed?
Thanks so much!
Shannon
Shannon Breymaier
O: 312-744-9045 C: 312-859-2719
[email protected]
From: Rottner, Jennifer E. [mailto:[email protected]]
Sent: Monday, July 13, 2015 4:11 PM
To: Breymaier, Shannon; Guglielmi, Anthony
Subject: RE: NBC story
Just sent you his email. Looks like they submitted something May 27th and it was in regards to performance review of
cameras.
From: Breymaier, Shannon [mailto:[email protected]]
Sent: Monday, July 13, 2015 4:10 PM
To: Rottner, Jennifer E.; Guglielmi, Anthony
Subject: Re: NBC story
Also,whendidtheysubmittheirFOIAtoCPD(andwhatwastheFOIAfor?)
2
From:Rottner,JenniferE.<[email protected]>
Sent:Monday,July13,20154:04:31PM
To:Guglielmi,Anthony;Breymaier,Shannon
Subject:RE:NBCstory
Thanks Shannon!
I spoke with Deputy Chief Lewin and the information Don FOIAd has not yet been released to him (and will likely be
denied for several reasons-burdensome, etc).
Going to connect again with Jonathan tomorrow about how/if we want to respond about his questions regarding
video/audio in marked cars, but we may just give him some general language, as we know where he is likely going with
this.
Thanks!
ThanksShannon!.JennRottneronmyteamisworkingonthisonewithourITfolks.
__
Anthony Guglielmi
Director, Communications & News Affairs
Office of the Police Superintendent
Chicago Police Department
Phone: 312-745-6110
Cell: 312-545-3251
@AJGuglielmi | @Chicago_Police
www.chicagopolice.org
Anthony
Don Mosely at NBC tells law that they are running another Laquan McDonald story on Wednesday or Thursday
night. They said they are working with CPD and that the angle is about audio on police dash cam.
Just wanted to make sure this is on your radar please let me know if you have any questions.
Thanks!
Shannon
Shannon Breymaier
O: 312-744-9045 C: 312-859-2719
[email protected]
3
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From:
Sent:
To:
Subject:
Attachments:
Platt, Thomas
Tuesday, July 14, 2015 5:43 PM
Dunn, James
settlement
Paul Wolf.pdf
HereistheletterfromPaulWolfrereturnoftheproceeds
ThomasJ.Platt
DeputyCorporationCounsel
FederalCivilRightsDivision
30N.LaSalleStreet,Suite900
Chicago,Illinois60602
3127444833
Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmaycontain
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LAW OFFICES OF
TELEPHONE(312) 726.6722
FACSIMILE(312) 7263220
TOLL FREE(888)719.6160
www.mitchellhoffmanwolf.com
July 14,2015
Mr. Platt:
As requested, I am providing an explanation in writing regarding the necessity of the
Defendant, City of Chicago,(or its liability insurer) to directly fund the structured annuity with
. After the initial
the settlement money that is apportioned to the DCFS minor,
funding of the structured settlement, the City of Chicago (or its liability insurer) can assign its
obligation to a substituted obligor, who thereafter remains liable on the payment obligations.
This is done pursuant to a qualified assignment.
Ifthe above procedure is not followed, the tax benefits to the minor are lost. Specifically,
the minor will lose the tax benefits associated with a qualified structure, in that all amounts
received would no longer be free from federal income tax. The only way to assure that the
income interest generated from the long term structured payments is not taxable is by the
Defendant,(or its liability insurer) to directly purchase and fund the structure.
As you are aware the above procedure was not followed in this case. Rather, all the
settlement money was paid to the Plaintiffs' attorneys and deposited into their client trust
account. Accordingly, it would be the Plaintiffs' attorneys who would be funding any structured
settlement from their trust account resulting in anon-qualified structure, all to the detriment of
the minor.
Page 2
Addtionally, the City of Chicago made the settlement payment to the Plaintiffs' attorneys
prior to any Probate Court approval ofthe settlement. Without prior approval, the Defendant had
no authority to pay any settlement amount and the Plaintiffs' Administrator had no authority to
sign a release. If the parties had followed the Probate Court rules, the settlement amount would
never have been paid out until a qualified structure had been approved for the benefit of the
DCFS, minor.
As the Court's appointed Guardian Ad Litem, I must inform the Court of the parties'
representatives' failure to follow the Probate rules and procedures. Of course this can all be
avoided by the parties having the money being returned to the City since there was no authority
to distribute it in the first place and wait for proper Probate Court approval of the settlement,
distribution, and structure. At that time, the Administrator can legally sign the release and the
City can directly fund the structure with the portion of money that the Court approves should be
distributed to the minor.
Lastly, I have retained Don Engels of Galaher Settlements to provide us with a structured
annuity proposal for approval by the Probate Court. Should you need any additional
information, please do not hesitate to contact me.
Paul Wolf
cc:
Michael D. Robbins
Jeffrey J. Neslund
Donald Engels
From:
Sent:
To:
Subject:
Attachments:
Rountree, Janey
Tuesday, July 14, 2015 6:27 PM
Spielfogel, David;Ewing, Clothilde
FW: July and August strategies.doc
July and August strategies.doc
Follow Up Flag:
Flag Status:
Follow up
Completed
Hithereattachedaremyfirstthoughtsonacommsplanforlatesummer.IonlysentittoAnthonyat3:45andhe
hasnthadachancetoaddintherestoftheCPDstuff.Iexpecttogetitfromhimlatertonightortomorrowmorning.
Justwantedtoletyouknowitsinprogress.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
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delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Attachments:
Collins, Adam
Wednesday, July 15, 2015 8:20 AM
Rountree, Janey
Fwd: July and August strategies.doc
July and August strategies.doc
What's the status of this and the david Kennedy event in our office? Who has seen?
-------- Original message -------From: "Guglielmi, Anthony" <[email protected]>
Date: 07/15/2015 7:09 AM (GMT-05:00)
To: "Rountree, Janey" <[email protected]>
Cc: "Collins, Adam" <[email protected]>
Subject: RE: July and August strategies.doc
Resendingwithattachment
From:
Sent:
To:
Cc:
Subject:
Breymaier, Shannon
Thursday, July 16, 2015 12:08 PM
Jennifer E. Rottner;Anthony Guglielmi
Rountree, Janey;Collins, Adam
Re: NBC story
Follow Up Flag:
Flag Status:
Follow up
Completed
Thanksfortheupdate!
From:Rottner,JenniferE.<[email protected]>
Sent:Thursday,July16,201512:07:45PM
To:Breymaier,Shannon;Guglielmi,Anthony
Cc:Rountree,Janey;Collins,Adam
Subject:RE:NBCstory
We sent over this statement:
The Department remains committed to technological investments that improve officer and public safety, promote
transparency and strengthen accountability. In-car cameras are vital in our efforts to gather relevant evidence and assist
in the investigation and resolution of officer-involved incidents. Today, almost eight hundred vehicles are equipped with incar camera systems. Chicago has one of the largest such deployments in the United States. The Department will continue
to evaluate new technology and national best practices as it determines the possible expansion of camera systems.
Per DOL, this NBC story is running tonight. Did you all ever send them a response as to their questions about
police dash cams/audio on the cams?
Thanks!
Shannon Breymaier
O: 312-744-9045 C:
[email protected]
CHAIN CONTINUES AS
PREVIOUSLY PRODUCED
From:
Sent:
To:
Subject:
Attachments:
Rountree, Janey
Thursday, July 16, 2015 6:58 PM
Hill, Kathleen;Iweagwu, Tony;Fischler, Matt
Public Safety To Do List_June 9 notes (1).docx
Public Safety To Do List_June 9 notes (1).docx
Follow Up Flag:
Flag Status:
Follow up
Completed
Higuys,
Forourlongoverduecheckintomorrow,willyouupdatetheattacheddocumentandalsosendmeseparatelyaquick
descriptionofhowyourespendingyourtimethesedays,iewhichprojects?TomorrowIwilltrytoprioritizethework
thatweredoingoverthenextfewmonthsandmakesuretheworkisdistributedevenlyacrossthegroupandby
interestifpossible.Isetitupfor90minutessowecanalsofinishthediscussionofnewideastowardtheend.
Seeyoutomorrow!
From:
Sent:
To:
Cc:
Subject:
Breymaier, Shannon
Thursday, July 16, 2015 9:19 PM
Breymaier, Shannon
Akinlemibola, Grace;Anthony Guglielmi;Chavez, Claudia;Claypool, Forrest;Deal,
Joe;Diette, Clay;Escareno, Rosa;Ewing, Clothilde;Faulman, Mike;Hall, Abby;Harte,
Meghan;Koch, Steven;Laws, Lisa;Mondry, Lauren;Negron, Michael;Nelson, Ashli;Payne,
Mark;PRESS_LIST;Rapelyea, Sean;Rendina, Michael;Rivera, Arnaldo;Rountree,
Janey;Spielfogel, David;Urbina-McCarthy, Mary;Yager, Katherine
Tomorrow's News
Follow Up Flag:
Flag Status:
Follow up
Completed
FRIDAY
AMTV:MREtocelebratewithsomeofthe200,000Chicagoworkerswhoreceivedaraisethismonthduetothe
minimumwageincrease.
AMTV:MREreleasesconceptualrenderingsofGatelyParktrack&field,whichwillbethefirstpublicindoortrack&field
inthecity.
Everyone:MREnamesnewleadershipteamatCPS.
ABC5/Hope,NBC7/CharlieW,Crain's/Pletz,CT/Jessica,possiblyothers:CoverageofKraftHeinzHQannouncement.MRE
didinterviewsontopicwithABCandNBCfocusingonthereasonswhytheywouldlocateinChicagoandthevalueofthe
move.
NBC5/Marin:AnotherstoryabouttheLaquanMcDonaldshooting,thisonefocusingontheprevalenceofCPDdash
cameras.CPDexplainedthatincarcamerasarevitalinoureffortstogatherrelevantevidence,andthedepartmentis
committedtotechnologicalimprovementsthatpromotepublicandofficersafety,improvetransparencyandstrengthen
accountability.Storyshouldalsoincludearetractionfromarelatedstorylastweekthatmischaracterizedanemail
communicationbetweenCPDandDOL.
Univision:CoverageofColumbianartistatDowntownSoundtonight.
Univision/Avila:Storyaboutastudent
whoranawayfromtheRayGrahamTrainingCenter.Theschoolimmediatelyreportedtheincidenttothepolice,and
thestudentwassafelyreturnedhomelaterintheday.
CT/HeatherandHal,BondBuyer/Yvette,Bloomberg/Elizabeth,Reuters/Karen:StoriesontheCity'sbondissue.Will
includestatementnotinginvestorsbeingbullishonChicagoandthattheywereoversubscribed.CTwilllikelyfocuson
theinterestpaymentsthatwillbedueover30yearsandthecosttothecityofdoingtaxablebonds.
WSJ:Nationalstoryaboutthehighandincreasingcostoflegalsettlementsresultingfrompoliceshootingsinthewake
ofMondaysNY$5.9MsettlementforthedeathofEricGarner.Chicagoismentionedasoneofthecitieswiththe
highestpolicesettlementcosts,andtheMcDonaldshootingandBurgehistoryarebothmentioned,thoughChicagoisby
nomeansthefocusofthestory.
CT/Hilk:StoryonthepriceincreaseforDivvydailypassesstartingJuly22.Cmsr.Scheinfeldsaidthiswillprimarilyimpact
outoftownDivvyusers,as~2/3ofdailyusersarevisitors.CDOTstressedthatevenwiththepricechange,Divvyisa
greatdealandaverycompetitivepricefor24hoursofaccessthatallowsuserstoexploreChicagoandallitsparks,
neighborhoodsandrecreationalamenitiesinafunandactiveway.
CT/Perez:ProfilepieceonDr.JaniceJackson,thecitysnewchiefedofficerandhervisionforleadingschools.
CT/Long:Storyabout$35MinstatefundsdesignatedforvariousconstructionprojectsatCPS.Likelytobecriticalof
stateprocedures.
STWire/Owen:StoryoncustomersapprehendingasuspectwhohadassaultedawomanontheRedLinenearBelmont.
ACTAworkerwasreportedlyonsceneandnotassistingintheencounter.Atthispoint,theCTAoperatorhadalready
notifiedCPD.CPDapprehendedthesuspect.
DNAInfo/Lulay:StoryaboutthelaunchofthePilsenFarmersMarket.DCASEsaidthatthelaunchhasbeendelayedin
ordertomeetcommunityexpectations.DCASEisworkingwithAldermanSolisofficetolaunchthemarketonJuly22
withaspecialperformancebyElasticArts.
DNAInfo/Lulay:StoryaboutimplicationsonschoolstarttimeshiftsaspartofCPS'costsavings.Storywillquestionthe
impactstoeducationbymovingbelltimes,assomestudiesshowthathighschoolstudentperformbetterwhenthey
startlater.
DNAInfo/Bloom:StoryonantiharassmentadvocatespeakingatCTAboardmeetingaboutincidentsofsexual
harassmentandaskingthatCTAincreaseawarenessthroughacampaignorothermeans.CTAsaidwedidacampaigna
fewyearsagothatestablishedguidelinesforreportingandrespondingtoreportsofincidents.CTAisalreadylookingat
waystoimprovecommunicationsandawarenessofthisissuethroughitsregular,ongoingpubliceducationand
campaignefforts.
________________________________
Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmaycontain
legallyprivilegedand/orconfidentialinformation.Ifyouarenottheintendedrecipientofthisemail(ortheperson
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thisemailinerror,pleaserespondtotheindividualsendingthemessage,andpermanentlydeletetheoriginalandany
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From:
Sent:
To:
Subject:
Holden, John
Friday, July 17, 2015 12:52 PM
Breymaier, Shannon;Higgins, Jessica
RE: BGA Response
Itsmellslikeafishingexpeditiontome.Ithinkoverallheisjusttryingtoadvanceanissuethathasbeengetting
attentionfromothermembersofthemedia.
IamnotsureifhewillbebeenawareofthestoryinyesterdaysWallStreetJournal,butthewholepayoutonpolice
casesissueisonethatalotofreportershavebeenchippingawayat.
http://www.wsj.com/articles/costofpolicemisconductcasessoarsinbiguscities1437013834
John
HeusuallyfollowsupwithQs.Hedoesalotoffishingexpeditionsonpolicesettlements.
From:Higgins,Jessica
Sent:Friday,July17,201512:30:15PM
To:Holden,John
Cc:Breymaier,Shannon
Subject:Re:BGAResponse
OkSorryagainforthedelay.IfSteveandShannonareok,I'mok.
Doweknowwhat/whenhe'sdoingwithit?
OnJul17,2015,at1:03PM,Holden,John<[email protected]>wrote:
No,stillwaitingforthefinalapproval.
John?
Shannon Breymaier
O: 312-744-9045 C: 312-859-2719
[email protected]
1
From: Higgins, Jessica
Sent: Friday, July 17, 2015 11:54 AM
To: Breymaier, Shannon
Cc: Holden, John; Darling, Leslie
Subject: Re: BGA Response
SorryI'vebeenintheair.Hasthisgoneout?
OnJul17,2015,at10:38AM,Breymaier,Shannon<[email protected]>wrote:
+Jess for awareness. Can you hold off on sending until about 11 to give Jess time
to take a peek in case she has any questions? Thanks.
Shannon Breymaier
O: 312-744-9045 C: 312-859-2719
[email protected]
HiShannon
AttachedaretwoversionsofthepossibleresponsetoAndrewsrequest.Thefirstisthe
completelistofalltheresolvedfatalshootingcasesinvolvingpayments(totalingabout
$42million)andthesecondisthewrongfuldeath(e.g.statebutnotfederal)cases
thatheactuallyaskedforinhisrequest.
IjustreviewedbothwithSteveandhewassomewhatagnostic,butwascomfortable
goingwiththenarrowedlist.
Iamabletodiscussinthemorning.IthinkwewillhaveaprettyhotAndrewifwedont
getbacktohimtomorrowwiththeresponse.
John
This e-mail, and any attachments thereto, is intended only for use by the
addressee(s) named herein and may contain legally privileged and/or confidential
information. If you are not the intended recipient of this e-mail (or the person
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notified that any dissemination, distribution, printing or copying of this e-mail,
and any attachment thereto, is strictly prohibited. If you have received this e-mail
in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
<Schroedter Shooting Case Report 071315.doc>
<Fatal Shootings Cases with Payments, 1-1-10 to 7-15-15.xlsx>
<Wrongful Death Cases with Payments, 1-1-10 to 7-15-15.xlsx>
From:
Sent:
To:
Cc:
Subject:
Breymaier, Shannon
Friday, July 17, 2015 2:35 PM
Holden, John;Higgins, Jessica
Darling, Leslie
RE: BGA Response
You can go ahead and send now since Jess and I are OK.
Shannon Breymaier
O: 312-744-9045 C: 312-859-2719
[email protected]
From: Holden, John
Sent: Friday, July 17, 2015 2:34 PM
To: Breymaier, Shannon; Higgins, Jessica
Cc: Darling, Leslie
Subject: RE: BGA Response
Myplanwastopullthetriggeronthisaround3p.m.Letmeknowifyouhaveanylastthoughtsbeforehand.
HeusuallyfollowsupwithQs.Hedoesalotoffishingexpeditionsonpolicesettlements.
From:Higgins,Jessica
Sent:Friday,July17,201512:30:15PM
To:Holden,John
Cc:Breymaier,Shannon
Subject:Re:BGAResponse
OkSorryagainforthedelay.IfSteveandShannonareok,I'mok.
Doweknowwhat/whenhe'sdoingwithit?
OnJul17,2015,at1:03PM,Holden,John<[email protected]>wrote:
No,stillwaitingforthefinalapproval.
John?
CHAIN CONTINUES AS
PREVIOUSLY PRODUCED
From:
Sent:
To:
Subject:
ThanksTom.Enjoytheweekendandmybesttoyourlovelybride.
DanielJGoodmann
ManagingDirector
(312)5957055Office
(312)5431834Cell
SentfrommyiPhone
OnJul17,2015,at5:46PM,Platt,Thomas<[email protected]>wrote:
HaveleftfordaybutwillreviewMonday.
From:Goodmann,Daniel<[email protected]>
Sent:Friday,July17,20155:33:09PM
To:Platt,Thomas;McGregor,Lorraine;Dunn,James
Cc:Real,Elizabeth
Subject:FW:Hunter(EOLaQuanMcDonald)No.14P7092
DearTom:
AttachedarethefollowingdocumentspertainingtothestructuredsettlementfortheEstateofLaQuan
McDonald.
Premium Check(s) Request: Please note, the premium check is due in our office by July 30,
2015inordertomaintainthecurrentcostandbenefits.
Qualified Assignment, Release and Pledge Agreement (Pacific): Please have this signed on
page 4 and initialed on page 5 on behalf of the City of Chicago, as Assignor. We will send a
separatecopyoftheagreementtotheplaintiffsstructuredsettlementrepresentativeforthem
toobtaintheplaintiffssignaturesandinitials.
QualifiedAssignment,ReleaseandPledgeAgreement(Berkshire):Pleasehavethissignedon
page 5 and initialed on page 6 on behalf of the City of Chicago, as Assignor. We will send a
separatecopyoftheagreementtotheplaintiffsstructuredsettlementrepresentativeforthem
toobtaintheplaintiffssignaturesandinitials.
Draft of the Release and Settlement Agreement: Feel free to make any changes and/or
additionstothelanguagethatarenecessaryforthiscase,exceptforSections6(ii)through11.0,
whicharerequiredbythelifeinsurancecompaniesinordertocomplywithIRCguidelines.Once
a final draft of the agreement has been prepared, we would appreciate the opportunity to
reviewitpriortoexecutionbytheparties.Afterithasbeensignedbyallparties,pleasereturn
ittoourofficebyemail.Thelanguageisbasedonthesettlementagreementyouhadsentto
meonApril1,2015.Ifthereareanyissues,pleaseadvise.
1
Ifyouhaveanyquestions,pleasedonothesitatetocontactme.
Thankyou.
Dan
This communication may contain privileged and/or confidential information. It is intended solely for the use of the
addressee. If you are not the intended recipient, you are strictly prohibited from disclosing, copying, distributing or
using any of this information. If you received this communication in error, please contact the sender immediately and
destroy the material in its entirety, whether electronic or hard copy. Confidential, proprietary or time-sensitive
communications should not be transmitted via the Internet, as there can be no assurance of actual or timely delivery,
receipt and/or confidentiality. This is not an offer, or solicitation of any offer to buy or sell any security, investment or
other product.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named
herein and may contain legally privileged and/or confidential information. If you are not the
intended recipient of this e-mail (or the person responsible for delivering this document to the
intended recipient), you are hereby notified that any dissemination, distribution, printing or
copying of this e-mail, and any attachment thereto, is strictly prohibited. If you have received
this e-mail in error, please respond to the individual sending the message, and permanently delete
the original and any copy of any e-mail and printout thereof.
Visit us on the Web at mesirowfinancial.com
This communication may contain privileged and/or confidential information. It is intended solely for the use of
the addressee. If you are not the intended recipient, you are strictly prohibited from disclosing, copying,
distributing or using any of this information. If you received this communication in error, please contact the
sender immediately and destroy the material in its entirety, whether electronic or hard copy. Confidential,
proprietary or time-sensitive communications should not be transmitted via the Internet, as there can be no
2
assurance of actual or timely delivery, receipt and/or confidentiality. This is not an offer, or solicitation of any
offer to buy or sell any security, investment or other product.
From:
Sent:
To:
Subject:
Attachments:
Platt, Thomas
Monday, July 20, 2015 10:02 AM
[email protected]
Mesirow docs Hunter
Goodman cover email July 17.docx; Hunter - FCRLD COMPTROLLER CHECKLIST
(Berkshire).pdf; Hunter - FCRLD COMPTROLLER CHECKLIST (Pacific Life).pdf; Hunter Premium Check(s) Request.pdf; Hunter - Qualified Assignment Release & Pledge
(Berkshire).pdf; Hunter - Qualified Assignment Release & Pledge (Pacific).pdf; Hunter Release & Settlement Agreement 071715.docx
MaterialsfromDanGoodman
ThomasJ.Platt
DeputyCorporationCounsel
FederalCivilRightsDivision
30N.LaSalleStreet,Suite900
Chicago,Illinois60602
3127444833
Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmaycontain
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From:
Sent:
To:
Cc:
Subject:
Attachments:
Attachedistherevisedreleaseandagreement.Werevisedparagraph7takingoutdf.
Onceweknowtheturnaroundtimeonthechecks,letmeknow.Ifwehavetopushfunding,itwillaffectthebenefits.
Thankyouagainforalltheaccommodationsyouhavemadeinthismatterandyourpatience.
Dan
Irevisedcertainpartsofthereleaseandsettlement.Par.5iscompletelyredone.Thereareadditionstopar.4andpar.
12.Allamendmentswereunderlinedandboldedforyourconvenience
ThomasJ.Platt
DeputyCorporationCounsel
FederalCivilRightsDivision
30N.LaSalleStreet,Suite900
Chicago,Illinois60602
3127444833
Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmaycontain
legallyprivilegedand/orconfidentialinformation.Ifyouarenottheintendedrecipientofthisemail(ortheperson
responsiblefordeliveringthisdocumenttotheintendedrecipient),youareherebynotifiedthatanydissemination,
distribution,printingorcopyingofthisemail,andanyattachmentthereto,isstrictlyprohibited.Ifyouhavereceived
thisemailinerror,pleaserespondtotheindividualsendingthemessage,andpermanentlydeletetheoriginalandany
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This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
Visit us on the Web at mesirowfinancial.com
This communication may contain privileged and/or confidential information. It is intended solely for the use of
the addressee. If you are not the intended recipient, you are strictly prohibited from disclosing, copying,
distributing or using any of this information. If you received this communication in error, please contact the
sender immediately and destroy the material in its entirety, whether electronic or hard copy. Confidential,
proprietary or time-sensitive communications should not be transmitted via the Internet, as there can be no
assurance of actual or timely delivery, receipt and/or confidentiality. This is not an offer, or solicitation of any
offer to buy or sell any security, investment or other product.
)
)
)
)
No.
14 P 7092
)
)
Michael D. Robbins & Associates, and Defendant, City of Chicago, by its attorney, Stephen R.
Patton, Corporation Counsel of the City of Chi
as Platt,
The Estate of LaQuan McDonald 14 P 7092, Circuit Court of Cook County, has
brought a claim against City of Chicago and its employees, Chicago Police Officer Jason Van
Dyke, Star 9465, Officer Joseph Walsh, Star
Sergeant Daniel Gallagher, Star 1303, Lieutena nt Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 and other Chicago Police officer
arising out of the fatal shooting of LaQuan McDonald on October 20, 2014 for which the Estate
of LaQuan McDonald claims damages.
2.
The parties and their respective attorn eys ack nowledge that settlem ent of this
by or on the part of
current or form er officers, agen ts and em ployees. The p arties and their respective atto rneys
further a cknowledge tha t se ttlement is m ade to avoid the uncertainty of the outcom e of any
litigation an d the expen se in tim e and m oney of litiga tion and f or the purpose of judicia l
economy.
4.
In consideration of the hereinafter indi cated settlem ent ente red pursuan t to this
Release and Settlement Agreement, and upon advice of counsel, the Estate of LaQuan McDonald
agrees not to file any lawsuit, claim or cause of action of any kind at any time in any jurisdiction,
including but not lim ited to, any claim s under the Illinois W rongful Death Act, the Illinois
Survival Act and claim s under 42 U.S.C 1983 ag ainst C ity of Chicago, Officer Jason Van
Dyke, Star 9465, Officer Joseph Walsh, Star
Sergeant Daniel Gallagher, Star 1303, Lieutena nt Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 or any of its cu rrent, future or form er officers, agents and em ployees with
respect to the inciden t set f orth in paragraph one of this Release and Settlem ent Agreem ent
except solely in the ev
settlement, with each p arty bearing its own costs and attorneys fees.
McDonald agrees it will be r equired to ex ecute the Release and Settlem ent Agreement prior to
the Citys presentation of the
settlement agreem ent to the Ch icago City Council and that the
repudiated unless the Chicago City Council rejects the se ttlement agreement. The City Council
approved the amount of the settlement on April 15, 2015.
5.
The City of Chicago and Estate of LaQuanMcDonald agree that the fact or existence
and terms of this settlement agreement, including but not limited to this Release and Settlement
Agreement, shall remain confidential until the Chicago City Council approves an ordinance
authorizing this agreement. The City of Chicago and Estate of LaQuan McDonald and its attorneys
further acknowledge and agree that there is an ongoing criminal investigation by the federal and
state authorities of the incident which is the subject of this release and settlement agreement
(incident), and that potential evidence and materials (materials) relating to this investigation
2
and potential criminal charges, were obtained by the Estate of LaQuan McDonald in response to
subpoenas issued in the matter of Estate of LaQuan McDonald, 14 P 7092, Circuit Court of Cook
County. The City of Chicago submits that release or dissemination of these materials could
interfere with and have an adverse impact on the ongoing criminal investigation and potential
charges brought with respect to this incident. Estate of LaQuan McDonald and its attorneys
therefore agree not to publicly release, disclose or disseminate the materials obtained through
subpoenas issued in 14 P 7092 (materials), until the completion of the pending criminal
investigations and, if criminal charges are brought, the conclusion of such criminal charges by way
of plea agreement, trial or dismissal, unless these materials are otherwise publicly disclosed or
disclosed as required by law or court order. Estate of LaQuan McDonald and its attorneys agree
that they will not make any copies or distribute these materials to any other persons or entities and
will provide seven days written notice to the City of Chicago, its attorneys or successors prior to
any publication, dissemination of release of the above mentioned materials.
6.
Thousand Six Hundred Sixty Seven and 00/ 100 Dollars ($3,176,667.00) payable to Tina
Hunter, as Independent Adm inistrator of th e Estate of LaQuan McDonald, and their
attorneys, the Law Office of Je ffrey J. Neslund, to be disbursed as directed by the Circuit
Court of Cook County, Illinois, Probate Division, Case No. 14 P 7092.
(ii) Structured
Thousand, Ninety and no/100 Dollars ($926,090.00) payable to Pacific Life &Annuity
Services, Inc. in order to fund the future pe
6.2(a).
(iii) Structured
Thousand, Two Hundred Forty Three and no/100 Dollars ($897,243.00) payable to BHG
Structured Settlements, Inc. in order to fund the future peri odic payments set forth below
in Section 6.2(b).
6.2
Future periodic paym ents (th e P eriodic Pay ments) m ade accord ing to the
Payee:
$500.00 per month, guaranteed 5 years, beginning on July 1, 2018.
The final guaranteed payment will be due on June 1, 2023.
$17,500.00 payable semi-annually, guaranteed 5 years, beginning on
July 1, 2018 (10 paym ents total). The final gu aranteed payment will be
due on January 1, 2023.
$1,708.65 per m onth for the lifetime of
guaranteed 37
years, beginning on July 1, 2023, with the last guaranteed paym ent on
June 1, 2060. The A nnuity Paym ent Am ount m ay be subject to an
annual increase every July 1 st beginning one (1) year after the first
payment and will be ba sed on the lesser of the Index Retu rn during th e
applicable Index Term (first I ndex Term May 15, 2023 through May 15,
2024) and the cap of 5%. If the Index Return during the applicable Index
Term is negative, there will be no increase in the annuity payment amount.
(b)
Payee:
$1,850.00 per m onth for the lifetime of
guaranteed 37
years, beginning on July 1, 2023, incr easing at 3% com pounded annually.
The final guaranteed payment will be due on June 1, 2060.
$30,000.00 guaranteed lump sum, payable on March 28, 2023.
$50,000.00 guaranteed lump sum, payable on March 28, 2030.
$75,000.00 guaranteed lump sum, payable on March 28, 2040.
$125,000.00 guaranteed lump sum, payable on March 28, 2050.
$225,000.00 guaranteed lump sum, payable on March 28, 2060.
No part of t he cost of the Period ic Payments may be paid directly to the Claimant or any Payee ,
inasmuch as the parties negotiated for a struct
sums set for th herein c onstitute da mages on acc ount of personal physica l injuries or sickness,
within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended.
7.
cannot be accelerated, deferred, in creased or d ecreased by the Clai mant or any Pay ee; nor shall
4
the Claimant or any Payee have the power to sell, mortgage, encumber, or anticipate the Periodic
Payments, or any part thereof, by assignment or otherwise.
The Claimant acknowledges and ag rees that neither the peri odic payments nor any rights
thereto or interest therein (collectively, Payment Rights) can be:
(a)
(b)
assignment, pledge, hypothecation or other transfer or encu mbrance (any such trans action being
hereinafter referred to as a Transfe r) has been approved in advance in a qualified order a s
outlined in Section 589 1(b)(2) of th e Internal Revenue Code of 1986, as am ended (a Qualified
Order), and approved by the
Division, and otherwise complies with applicable state law, including without limitation any and
all applicable state structured settlem ent protection statues. Any such qualified order m ust be
sought in th e original jurisdiction of the settleme nt and m eet all the standards of necessity and
approved by the court in said jurisdiction.
(c)
Claimant and Payees shall not have th e power to affect a Transfer of Paym ent
pursuant to the terms of this Re lease and Settlement Agreement af ter the death of Payee
shall be made to such person or entity as designated in wr iting by Payee
to
No such designation, nor any revocation ther eof, shall be effective unless it is in
Assignee before such paym ents are m ade, but in no even t shall the reque st of the Payee be
5
ake a
qualified assignment, within th e meaning of Section 130 (c) of the Internal Revenue Code of
1986, as amended, of the City of Chicagos liability to make the Periodic Payments set forth in:
Section 6.2(a) to Pacific Life & Annuity Services, Inc.;
Section 6.2(b) to BHG Structured Settlements, Inc.;
The Assignees obligation for pa yment of the Periodic Paym ents shall be no greater than
that of the City of Chicago (wheth
Any such assignment, if made, shall be accepted by the Claimant without right of
rejection an d shall complete ly re lease and dis charge the City of Chi cago from t he Periodic
Payments obligation assigned to the Assignees.
such an assignment, the Assignees shall be the sole obligor with respect to the Periodic Payments
obligation, and that all other releases with re
pertain to the liability of the
absolute.
10.
The City of Chicago, itself or through its Assignees, reserves the right to fund the
ay have the
maintaining a current mailing address for the Payee with the Annuity Issuers.
11.
The obligation of the City of Chicago a nd/or the Assignees to make each Periodic
Payment sh all b e dis charged upon the m ailing of a valid check or electron ic funds tran sfer
(EFT) in the am ount of such paym ent to the de signated address of the Payee nam ed in Section
6
Council. The City will not be obligated to perfor m its obligations pursuant to this Release and
settlement Agreem ent until the following even ts o ccur: (1) the City receives a copy of this
Release and Settlement agreement executed by the Estate of LaQuan McDonald and its attorney;
(2) the Chicago City Council enact s an ordinance authorizing se ttlement and paym ent of the
funds agreed upon in this Release and Settlem ent Agreement. The Chicago City Council enacted
an ordinance on April 15, 2015 approving the total amount of the settlement.
13.
paragraph 6 herein with in thirty (30 ) days of receipt by th e Corporation Counsels Office of a
fully executed settlement agreement, an ordinance of the City Council aut horizing the settlement
as described in p aragraph 6, and any necessary court-entered order in the Circuit Court of Cook
County for the disposition of funds, whichever is
received latest.
solely by the City of Chicago, and Estate of LaQu an McDonald and its atto rneys agree that they
will not seek paym ent from any source other th an the City of Chicago.
will be m ake payable as se t f orth in pa ragraph 6. Eac h party her eto sha ll be ar its own
attorneys fees and costs in connection with this Release and Settlement Agreement, the matters
and documents referred to herein, and all related matters.
14.
Agreement, and upon advice of counsel, Estate of LaQuan McDonald agrees to indem nify and
hold harm less the City of Chicago, and its futu
employees including, but not lim ited to, Officer Jason Van Dyke, Sta r 9465, Offi cer Joseph
Walsh, Star 12865, Detective David March, S tar 20563, Sergeant Daniel Gallagher, Star 1303,
Lieutenant Anthony Wojcik, Star 481, Detective Richard Hagen, Star 20606 from any claim s,
losses, damages or expenses, including attorney s fees and costs, incurred, or w
incurred, by reason of any lien or any other clai
m or interest held by
hich m ay be
corporation against any moneys received or to be received by Estate of LaQuan McDonald under
this settlement entered pursuant to this Release and Settlement Agreement.
7
15.
consideration of the se ttlement entered pu rsuant to this R elease and Settlem ent Agreem ent,
Estate of LaQuan McDonald does hereby release and forever discha rge on behalf of him self and
his heirs, ex ecutors, ad ministrators and assigns, all claim s he ha d or ha s a gainst Officer Jason
Van Dyke, Star 9465, Officer Joseph W alsh, Star 12865, Detect ive D avid March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutena nt Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 and the City of Chicago, and its fu ture, current or former officers, and agents
and em ployees, including but not lim ited to all cl aims he had, has, or m ay have in the future,
under local, state or federal law, arising either directly or indirectly out of the incident which was
the basis of this claim and any potential litig ation, and that such release and discharge also is
applicable to any and all unnamed agents, employees, officers or persons affiliated with the City
of Chicago.
16.
This Release and Settlement Agreement and any documents that may be executed
under paragraph 19 herein contain the entire agreem ent between the parties with regard to the
settlement of this claim, and shall be binding upon and inure to th e benefit of the parties hereto,
jointly and severally, and the heirs, executo
This Release and Settlement Agreement is entered into in the State of Illinois and
be construed against a party merely because that party is or was the principal drafter.
18.
McDonald represents that it has relied upon the advice of its attorneys, who is the attorney if its
choice, and that the term s of this Release an d Settlem ent Agreem ent have been inte rpreted,
completely read and explained to the Independent Administrator by its a ttorney, and that those
terms are fully understood and voluntarily accepted by the Estate of LaQuan McDonald.
Estate
of LaQuan McDonald a lso represents and warrants that no o ther person or en tity has or h as had
any in terest in the cla ims or caus es of ac tion referred to herein, an d that the independent
administrator and its attorneys have the sole right and exclusive authority to execute this Release
8
and Settlem ent Agreement and rec eive the su ms specif ic herein, and that they ha ve not sold,
assigned, transferred, conveyed, or otherwise disposed of any of the claims or causes of actio n
referred to herein.
19.
The parties hereto agree to cooperate fu lly and execute any and all supplem entary
necessary or appropriate to give full f orce and effect to the basic terms and intent of this Release
and Settlement Agreement.
City of Chicago
a Municipal Corporation
Stephen R. Patton
__________________________________ Corporation
Counsel
Tina Hunter, as Independent Administrator
Attorney for the City of Chicago
of the Estate of LaQuan McDonald, deceased,
Claimant
BY:________________________________
Thomas J. Platt
Deputy Corporation Counsel
30 North LaSalle Street Suite 900
Chicago, Illinois 60602
(312) 744-4833
Attorney No. _________
Address: ____________________________
____________________________________
Date of birth: _________________________
*SSN: _______________________________
DATE: ______________________________
_____________________________________
Jeffrey J. Neslund
Attorney for Claimant
Jeffrey J. Neslund Law Offices
150 N. Upper Wacker Drive - Suite 2460
Chicago, Illinois 60606
(312) 223-1100
Attorney No. ____________
FEIN: ___________
____________________________________
Michael Robbins
Attorney for Claimant
Law Office of Michael D. Robbins & Assoc.
20 North Wacker Drive Suite 3710
Chicago, Illinois 60606
(312) 899-8000
Attorney No. ______________
FEIN: ___________________
DATE: ______________________________
DATE:______________________________
* Social Security Number is voluntary
From:
Sent:
To:
Subject:
Attachments:
Collins, Adam
Monday, July 20, 2015 1:11 PM
Guglielmi, Anthony;Rountree, Janey
RE: July and August strategies.doc
July and August strategies v2.doc
TalkedtoAnthony.Thisisreallysolid.Ishiftedafewthingsaroundthatweknowtimingonnow,andIaddedacolumn
toclarifywhoseventitwouldbe.
Fornextsteps,Idreallyliketoslotinacoupleoftheseannouncements(highlightedinyellow).Canwegetoneteedup
fornextweekandonefortheweekafter?
WealsotalkedthismorningaboutaplacedstorywithFrankMainaboutthegangcallins,nowthattheresnewDOJ
pressstaff.Thatcouldbeagreatstory
Resendingwithattachment
From:
Sent:
To:
Subject:
Attachments:
Platt, Thomas
Tuesday, July 21, 2015 11:38 AM
Goodmann, Daniel
RE: Goodmann revised 07-20-2015 Hunter - Release Settlement Agreement (with
Guardian).docx
Goodmann revised 07-21-2015 Hunter - Release Settlement Agreement (with
Guardian).docx
Additionalrevisionsweremadeasattached.
OriginalMessage
From:Goodmann,Daniel[mailto:[email protected]]
Sent:Tuesday,July21,20159:36AM
To:Platt,Thomas
Subject:RE:Goodmannrevised07202015HunterReleaseSettlementAgreement(withGuardian).docx
Ok,thanksfortheheadsup.
DanielJ.Goodmann,CSSC
ManagingDirectorStructuredSettlementsMesirowFinancial
353NorthClarkStreet
Chicago,IL60654
(312)5957055DirectLine
(877)7724436TollFree
(312)5956736DesktopFax
(312)5954440OfficeFax
(312)5431834iPhone
[email protected]
OriginalMessage
From:Platt,Thomas[mailto:[email protected]]
Sent:Tuesday,July21,20159:34AM
To:Goodmann,Daniel
Subject:RE:Goodmannrevised07202015HunterReleaseSettlementAgreement(withGuardian).docx
Iwillbemakingafewmorechanges
OriginalMessage
From:Goodmann,Daniel[mailto:[email protected]]
Sent:Monday,July20,20155:08PM
To:Platt,Thomas;Dunn,James
Cc:Real,Elizabeth
Subject:Goodmannrevised07202015HunterReleaseSettlementAgreement(withGuardian).docx
Hereisthefinalrevisedrelease.Callwithanyquestionsorrevision.Thanksagain!
VisitusontheWebatmesirowfinancial.com
Thiscommunicationmaycontainprivilegedand/orconfidentialinformation.Itisintendedsolelyfortheuseofthe
addressee.Ifyouarenottheintendedrecipient,youarestrictlyprohibitedfromdisclosing,copying,distributingorusing
anyofthisinformation.Ifyoureceivedthiscommunicationinerror,pleasecontactthesenderimmediatelyanddestroy
thematerialinitsentirety,whetherelectronicorhardcopy.Confidential,proprietaryortimesensitivecommunications
shouldnotbetransmittedviatheInternet,astherecanbenoassuranceofactualortimelydelivery,receiptand/or
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________________________________
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VisitusontheWebatmesirowfinancial.com
Thiscommunicationmaycontainprivilegedand/orconfidentialinformation.Itisintendedsolelyfortheuseofthe
addressee.Ifyouarenottheintendedrecipient,youarestrictlyprohibitedfromdisclosing,copying,distributingorusing
anyofthisinformation.Ifyoureceivedthiscommunicationinerror,pleasecontactthesenderimmediatelyanddestroy
thematerialinitsentirety,whetherelectronicorhardcopy.Confidential,proprietaryortimesensitivecommunications
shouldnotbetransmittedviatheInternet,astherecanbenoassuranceofactualortimelydelivery,receiptand/or
confidentiality.Thisisnotanoffer,orsolicitationofanyoffertobuyorsellanysecurity,investmentorotherproduct.
)
)
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)
)
No . 14 P 7092
LaQuan McDonald by her court ap pointed guardian, (also d esignated herein as a P ayee) and
City of Chicago, by its attorney, Stephen R. Patt on, Corporation Counsel of the City of Chicago,
by one of his attorneys, Thomas Platt, Deputy Corporation Counsel, herein stipulate and agree to
the following:
1.
The Estate of LaQuan McDonald 14 P 7092, Circuit Court of Cook County, (also
designated herein as Claimant) has brought a claim against City of Chicago and its employees,
Chicago Police Officer Jason Van Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective
David March, Star 20563, Sergeant Daniel Galla gher, Star 1303, Lieutenant Anthony W ojcik,
Star 481, Detective Richard Hagen, Star 20606 and other Chicago Police officers and employees
of the City of Chicago arisi ng out of the fatal shooting of
The parties and their respective attorn eys ack nowledge that settlem ent of this
by or on the part of
current or form er officers, agen ts and em ployees. The p arties and their respective atto rneys
further a cknowledge tha t se ttlement is m ade to avoid the uncertainty of the outcom e of any
litigation an d the expen se in tim e and m oney of litiga tion and f or the purpose of judicia l
1
economy.
4.
In consideration of the hereinafter indi cated settlem ent ente red pursuan t to this
Release and Settlement Agreement, and upon advice of counsel, the Estate of LaQuan McDonald
agrees not to file any lawsuit, claim or cause of action of any kind at any time in any jurisdiction,
including but not lim ited to, any claim s under the Illinois W rongful Death Act, the Illinois
Survival Act and claim s under 42 U.S.C 1983 ag ainst C ity of Chicago, Officer Jason Van
Dyke, Star 9465, Officer Joseph Walsh, Star
Sergeant Daniel Gallagher, Star 1303, Lieutena nt Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 or any of its cu rrent, future or form er officers, agents and em ployees with
respect to the inciden t set f orth in paragraph one of this Release and Settlem ent Agreem ent
except solely in the ev
settlement, with each p arty bearing its own costs and attorneys fees.
McDonald agrees it will be r equired to ex ecute the Release and Settlem ent Agreement prior to
the Citys presentation of the
settlement agreem ent to the Ch icago City Council and that the
repudiated unless the Chicago City Council rejects the se ttlement agreement. The City Council
approved the amount of the settlement on April 15, 2015.
5.
The City of Chicago and Estate of LaQuanMcDonald agree that the fact or existence
and terms of this settlement agreement, including but not limited to this Release and Settlement
Agreement, shall remain confidential until the Chicago City Council approves an ordinance
authorizing this agreement. The City of Chicago and Estate of LaQuan McDonald and its attorneys
further acknowledge and agree that there is an ongoing criminal investigation by the federal and
state authorities of the incident which is the subject of this release and settlement agreement
(incident), and that potential evidence and materials (materials) relating to this investigation
and potential criminal charges, were obtained by the Estate of LaQuan McDonald in response to
subpoenas issued in the matter of Estate of LaQuan McDonald, 14 P 7092, Circuit Court of Cook
County. The City of Chicago submits that release or dissemination of these materials could
interfere with and have an adverse impact on the ongoing criminal investigation and potential
charges brought with respect to this incident. Estate of LaQuan McDonald and its attorneys
therefore agree not to publicly release, disclose or disseminate the materials obtained through
subpoenas issued in 14 P 7092 (materials), until the completion of the pending criminal
investigations and, if criminal charges are brought, the conclusion of such criminal charges by way
2
of plea agreement, trial or dismissal, unless these materials are otherwise publicly disclosed or
disclosed as required by law or court order. Estate of LaQuan McDonald and its attorneys agree
that they will not make any copies or distribute these materials to any other persons or entities and
will provide seven days written notice to the City of Chicago, its attorneys or successors prior to
any publication, dissemination of release of the above mentioned materials.
6.
Thousand Six Hundred Sixty Seven and 00/ 100 Dollars ($3,176,667.00) payable to Tina
Hunter, as Independent Adm inistrator of th e Estate of LaQuan McDonald, and their
attorneys, the Law Office of Je ffrey J. Neslund, to be disbursed as directed by the Circuit
Court of Cook County, Illinois, Probate Division, Case No. 14 P 7092.
(ii) Structured
Thousand, Ninety and no/100 Dollars ($926,090.00) payable to Pacific Life &Annuity
Services, Inc. in order to fund the future pe
6.2(a).
(iii) Structured
Thousand, Two Hundred Forty Three and no/100 Dollars ($897,243.00) payable to BHG
Structured Settlements, Inc. in order to fund the future peri odic payments set forth below
in Section 6.2(b).
6.2
Future periodic paym ents (th e P eriodic Pay ments) m ade accord ing to the
Payee:
$500.00 per month, guaranteed 5 years, beginning on July 1, 2018.
The final guaranteed payment will be due on June 1, 2023.
$17,500.00 payable semi-annually, guaranteed 5 years, beginning on
July 1, 2018 (10 paym ents total). The final gu aranteed payment will be
due on January 1, 2023.
$1,708.65 per m onth for the lifetime of
guaranteed 37
years, beginning on July 1, 2023, with the last guaranteed paym ent on
June 1, 2060. The A nnuity Paym ent Am ount m ay be subject to an
annual increase every July 1 st beginning one (1) year after the first
3
payment and will be ba sed on the lesser of the Index Retu rn during th e
applicable Index Term (first I ndex Term May 15, 2023 through May 15,
2024) and the cap of 5%. If the Index Return during the applicable Index
Term is negative, there will be no increase in the annuity payment amount.
(b)
Payee:
$1,850.00 per m onth for the lifetime of
guaranteed 37
years, beginning on July 1, 2023, incr easing at 3% com pounded annually.
The final guaranteed payment will be due on June 1, 2060.
$30,000.00 guaranteed lump sum, payable on March 28, 2023.
$50,000.00 guaranteed lump sum, payable on March 28, 2030.
$75,000.00 guaranteed lump sum, payable on March 28, 2040.
$125,000.00 guaranteed lump sum, payable on March 28, 2050.
$225,000.00 guaranteed lump sum, payable on March 28, 2060.
No part of t he cost of the Period ic Payments may be paid directly to the Claimant or any Payee ,
inasmuch as the parties negotiated for a struct
sums set for th herein c onstitute da mages on acc ount of personal physica l injuries or sickness,
within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended.
7.
cannot be accelerated, deferred, in creased or d ecreased by the Clai mant or any Pay ee; nor shall
the Claimant or any Payee have the power to sell, mortgage, encumber, or anticipate the Periodic
Payments, or any part thereof, by assignment or otherwise.
The Claimant acknowledges and ag rees that neither the peri odic payments nor any rights
thereto or interest therein (collectively, Payment Rights) can be:
(a)
(b)
assignment, pledge, hypothecation or other transfer or encu mbrance (any such trans action being
hereinafter referred to as a Transfe r) has been approved in advance in a qualified order a s
outlined in Section 589 1(b)(2) of th e Internal Revenue Code of 1986, as am ended (a Qualified
Order), and approved by the
Division, and otherwise complies with applicable state law, including without limitation any and
all applicable state structured settlem ent protection statues. Any such qualified order m ust be
sought in th e original jurisdiction of the settleme nt and m eet all the standards of necessity and
4
Claimant and Payees shall not have th e power to affect a Transfer of Paym ent
pursuant to the terms of this Re lease and Settlement Agreement af ter the death of Payee
shall be made to such person or entity as designated in wr iting by Payee
to
No such designation, nor any revocation ther eof, shall be effective unless it is in
Assignee before such paym ents are m ade, but in no even t shall the reque st of the Payee be
unreasonably withheld or denied.
9.1
ake a
qualified assignment, within th e meaning of Section 130 (c) of the Internal Revenue Code of
1986, as amended, of the City of Chicagos liability to make the Periodic Payments set forth in:
Section 6.2(a) to Pacific Life & Annuity Services, Inc.;
Section 6.2(b) to BHG Structured Settlements, Inc.;
The Assignees obligation for pa yment of the Periodic Paym ents shall be no greater than
that of the City of Chicago (whether by judgm ent or agreem ent) imm ediately preced ing the
assignment of the Period Payments obligation.
9.2
Any such assignment, if made, shall be accepted by the Claimant without right of
rejection an d shall complete ly re lease and dis charge the City of Chi cago from t he Periodic
Payments obligation assigned to the Assignees.
such an assignment, the Assignees shall be the sole obligor with respect to the Periodic Payments
obligation, and that all other releases with re
pertain to the liability of the
absolute.
5
10.
The City of Chicago, itself or through its Assignees, reserves the right to fund the
ay have the
maintaining a current mailing address for the Payee with the Annuity Issuers.
11.
The obligation of the City of Chicago a nd/or the Assignees to make each Periodic
Payment sh all b e dis charged upon the m ailing of a valid check or electron ic funds tran sfer
(EFT) in the am ount of such paym ent to the de signated address of the Payee nam ed in Section
6.2 of this Release and Settlement Agreement.
12.
Council. The City will not be obligated to perfor m its obligations pursuant to this Release and
settlement Agreem ent until the following even ts o ccur: (1) the City receives a copy of this
Release and Settlement agreement executed by the Estate of LaQuan McDonald and its attorney;
(2) the Chicago City Council enact s an ordinance authorizing se ttlement and paym ent of the
funds agreed upon in this Release and Settlem ent Agreement. The Chicago City Council enacted
an ordinance on April 15, 2015 approving the total amount of the settlement.
13.
paragraph 6 herein with in thirty (30 ) days of receipt by th e Corporation Counsels Office of a
fully executed settlement agreement, an ordinance of the City Council aut horizing the settlement
as described in p aragraph 6, and any necessary court-entered order in the Circuit Court of Cook
County for the disposition of funds, whichever is
received latest.
solely by the City of Chicago, and Estate of LaQu an McDonald and its atto rneys agree that they
will not seek paym ent from any source other th an the City of Chicago.
will be m ake payable as se t f orth in pa ragraph 6. Eac h party her eto sha ll be ar its own
attorneys fees and costs in connection with this Release and Settlement Agreement, the matters
and documents referred to herein, and all related matters.
14.
Agreement, and upon advice of counsel, Estate of LaQuan McDonald agrees to indem nify and
hold harm less the City of Chicago, and its futu
employees including, but not lim ited to, Officer Jason Van Dyke, Sta r 9465, Offi cer Joseph
Walsh, Star 12865, Detective David March, S tar 20563, Sergeant Daniel Gallagher, Star 1303,
Lieutenant Anthony Wojcik, Star 481, Detective Richard Hagen, Star 20606 from any claim s,
losses, damages or expenses, including attorney s fees and costs, incurred, or w
incurred, by reason of any lien or any other clai
m or interest held by
hich m ay be
corporation against any moneys received or to be received by Estate of LaQuan McDonald under
this settlement entered pursuant to this Release and Settlement Agreement.
15.
Estate of LaQuan McDonald, upon advice of counsel, understands and agrees that
in cons ideration of th e settlem ent e ntered pursu ant to th is Release and Settlem ent Agreem ent,
Estate of LaQuan McDonald does hereby release and forever discha rge on behalf of him self and
his heirs, ex ecutors, ad ministrators and assigns, all claim s he ha d or ha s a gainst Officer Jason
Van Dyke, Star 9465, Officer Joseph W alsh, Star 12865, Detect ive D avid March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutena nt Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 and the City of Chicago, and its fu ture, current or former officers, and agents
and em ployees, including but not lim ited to all cl aims he had, has, or m ay have in the future,
under local, state or federal law, arising either directly or indirectly out of the incident which was
the basis of this claim and any potential litig ation, and that such release and discharge also is
applicable to any and all unnamed agents, employees, officers or persons affiliated with the City
of Chicago.
16.
This Release and Settlement Agreement and any documents that may be executed
under paragraph 19 herein contain the entire agreem ent between the parties with regard to the
settlement of this claim, and shall be binding upon and inure to th e benefit of the parties hereto,
jointly and severally, and the heirs, executo
This Release and Settlement Agreement is entered into in the State of Illinois and
be construed against a party merely because that party is or was the principal drafter.
18.
McDonald represents that it has relied upon the advice of its attorneys, who is the attorney if its
choice, and that the term s of this Release an d Settlem ent Agreem ent have been inte rpreted,
7
completely read and explained to the Independent Administrator by its a ttorney, and that those
terms are fully understood and voluntarily accepted by the Estate of LaQuan McDonald.
Estate
of LaQuan McDonald a lso represents and warrants that no o ther person or en tity has or h as had
any in terest in the cla ims or caus es of ac tion referred to herein, an d that the independent
administrator and its attorneys have the sole right and exclusive authority to execute this Release
and Settlem ent Agreement and rec eive the su ms specif ic herein, and that they ha ve not sold,
assigned, transferred, conveyed, or otherwise disposed of any of the claims or causes of actio n
referred to herein.
19.
The parties hereto agree to cooperate fu lly and execute any and all supplem entary
necessary or appropriate to give full f orce and effect to the basic terms and intent of this Release
and Settlement Agreement.
City of Chicago
a Municipal Corporation
Stephen R. Patton
BY:_________________________________ Corporation
Counsel
Tina Hunter, as Independent Administrator
Attorney for the City of Chicago
of the Estate of LaQuan McDonald, deceased,
Claimant
BY:________________________________
Address: _____________________________
Thomas J. Platt
Deputy Corporation Counsel
_________________________________
30 North LaSalle Street Suite 900
Chicago, Illinois 60602
Date of birth: __________________________
(312) 744-4833
DATE: ______________________________
BY:__________________________________
Jeffrey J. Neslund
Attorney for Claimant
Jeffrey J. Neslund Law Offices
20 N. Wacker Drive - Suite 3710
Chicago, Illinois 60606
(312) 223-1100
Attorney No. ____________
FEIN: ___________
DATE: ______________________________
BY:_________________________________
Michael Robbins
Attorney for Claimant
Law Office of Michael D. Robbins & Assoc.
20 North Wacker Drive Suite 3710
Chicago, Illinois 60606
(312) 899-8000
Attorney No. ______________
FEIN: ___________________
DATE:______________________________
BY:_____________________________________
Court appointed Guardian of the Estate of
,
a Minor beneficiary of the Estate of LaQuan McDonald
Address: _________________________________
_________________________________________
DATE: __________________________________
)
)
)
)
)
)
)
No . 14 P 7092
Payee) an d City of Chicago, by its attorn ey, Stephen R. Patton, Corporation Counsel of th e
City of Chicago, by one of his attorneys, Thom
The Estate of LaQuan McDonald 14 P 7092, Circuit Court of Cook County, (also
designated herein as Claimant) has brought a claim against City of Chicago and its employees,
Chicago Police Officer Jason Van Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective
David March, Star 20563, Sergeant Daniel Galla gher, Star 1303, Lieutenant Anthony W ojcik,
Star 481, Detective Richard Hagen, Star 20606 and other Chicago Police officers and employees
of the City of Chicago arisi ng out of the fatal shooting of
The parties and their respective attorn eys ack nowledge that settlem ent of this
by or on the part of
current or form er officers, agen ts and em ployees. The p arties and their respec tive atto rneys
further a cknowledge tha t se ttlement is m ade to avoid the uncertainty of the outcom e of any
litigation an d the expen se in tim e and m oney of litiga tion and f or the purpose of judicia l
1
economy.
4.
In consideration of the hereinafter indi cated settlem ent ente red pursuan t to this
Release and Settlement Agreement, and upon advice of counsel, the Estate of LaQuan McDonald
agrees not to file any lawsuit, claim or cause of action of any kind at any time in any jurisdiction,
including but not lim ited to, any claim s under the Illinois W rongful Death Act, the Illinois
Survival Act and claim s under 42 U.S.C 1983 ag ainst C ity of Chicago, Officer Jason Van
Dyke, Star 9465, Officer Joseph Walsh, Star
Sergeant Daniel Gallagher, Star 1303, Lieutena nt Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 or any of its cu rrent, future or form er officers, agents and em ployees with
respect to the inciden t set f orth in paragraph one of this Release and Settlem ent Agreem ent
except solely in the ev
settlement, with each p arty bearing its own costs and attorneys fees.
McDonald agrees it will be r equired to ex ecute the Release and Settlem ent Agreement prior to
the Citys presentation of the
settlement agreem ent to the Ch icago City Council and that the
repudiated unless the Chicago City Council rejects the se ttlement agreement. The City Council
approved the amount of the settlement on April 15, 2015.
5.
The City of Chicago and Estate of LaQuanMcDonald agree that the fact or existence
and terms of this settlement agreement, including but not limited to this Release and Settlement
Agreement, shall remain confidential until the Chicago City Council approves an ordinance
authorizing this agreement. The City of Chicago and Estate of LaQuan McDonald and its attorneys
further acknowledge and agree that there is an ongoing criminal investigation by the federal and
state authorities of the incident which is the subject of this release and settlement agreement
(incident), and that potential evidence and materials (materials) relating to this investigation
and potential criminal charges, were obtained by the Estate of LaQuan McDonald in response to
subpoenas issued in the matter of Estate of LaQuan McDonald, 14 P 7092, Circuit Court of Cook
County. The City of Chicago submits that release or dissemination of these materials could
interfere with and have an adverse impact on the ongoing criminal investigation and potential
charges brought with respect to this incident. Estate of LaQuan McDonald and its attorneys
therefore agree not to publicly release, disclose or disseminate the materials obtained through
subpoenas issued in 14 P 7092 (materials), until the completion of the pending criminal
investigations and, if criminal charges are brought, the conclusion of such criminal charges by way
2
of plea agreement, trial or dismissal, unless these materials are otherwise publicly disclosed or
disclosed as required by law or court order. Estate of LaQuan McDonald and its attorneys agree
that they will not make any copies or distribute these materials to any other persons or entities and
will provide seven days written notice to the City of Chicago, its attorneys or successors prior to
any publication, dissemination of release of the above mentioned materials.
6.
Thousand Six Hundred Sixty Seven and 00/ 100 Dollars ($3,176,667.00) payable to Tina
Hunter, as Independent Adm inistrator of th e Estate of LaQuan McDonald, and their
attorneys, the Law Office of Je ffrey J. Neslund, to be disbursed as directed by the Circuit
Court of Cook County, Illinois, Probate Division, Case No. 14 P 7092.
(ii) Structured
Thousand, Ninety and no/100 Dollars ($926,090.00) payable to Pacific Life &Annuity
Services, Inc. in order to fund the future pe
6.2(a).
(iii) Structured
Thousand, Two Hundred Forty Three and no/100 Dollars ($897,243.00) payable to BHG
Structured Settlements, Inc. in order to fund the future peri odic payments set forth below
in Section 6.2(b).
6.2
Future periodic paym ents (th e P eriodic Pay ments) m ade accord ing to the
Payee:
$500.00 per month, guaranteed 5 years, beginning on July 1, 2018.
The final guaranteed payment will be due on June 1, 2023.
$17,500.00 payable semi-annually, guaranteed 5 years, beginning on
July 1, 2018 (10 paym ents total). The final gu aranteed payment will be
due on January 1, 2023.
$1,708.65 per m onth for the lifetime of
guaranteed 37
years, beginning on July 1, 2023, with the last guaranteed paym ent on
June 1, 2060. The A nnuity Paym ent Am ount m ay be subject to an
annual increase every July 1 st beginning one (1) year after the first
3
payment and will be ba sed on the lesser of the Index Retu rn during th e
applicable Index Term (first I ndex Term May 15, 2023 through May 15,
2024) and the cap of 5%. If the Index Return during the applicable Index
Term is negative, there will be no increase in the annuity payment amount.
(b)
Payee:
$1,850.00 per m onth for the lifetime of
guaranteed 37
years, beginning on July 1, 2023, incr easing at 3% com pounded annually.
The final guaranteed payment will be due on June 1, 2060.
$30,000.00 guaranteed lump sum, payable on March 28, 2023.
$50,000.00 guaranteed lump sum, payable on March 28, 2030.
$75,000.00 guaranteed lump sum, payable on March 28, 2040.
$125,000.00 guaranteed lump sum, payable on March 28, 2050.
$225,000.00 guaranteed lump sum, payable on March 28, 2060.
No part of t he cost of the Period ic Payments may be paid directly to the Claimant or any Payee ,
inasmuch as the parties negotiated for a struct
sums set for th herein c onstitute da mages on acc ount of personal physica l injuries or sickness,
within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended.
7.
cannot be accelerated, deferred, in creased or d ecreased by the Clai mant or any Pay ee; nor shall
the Claimant or any Payee have the power to sell, mortgage, encumber, or anticipate the Periodic
Payments, or any part thereof, by assignment or otherwise.
The Claimant acknowledges and ag rees that neither the peri odic payments nor any rights
thereto or interest therein (collectively, Payment Rights) can be:
(a)
(b)
assignment, pledge, hypothecation or other transfer or encu mbrance (any such trans action being
hereinafter referred to as a Transfe r) has been approved in advance in a qualified order a s
outlined in Section 589 1(b)(2) of th e Internal Revenue Code of 1986, as am ended (a Qualified
Order), and approved by the
Division, and otherwise complies with applicable state law, including without limitation any and
all applicable state structured settlem ent protection statues. Any such qualified order m ust be
sought in th e original jurisdiction of the settleme nt and m eet all the standards of necessity and
4
Claimant and Payees shall not have th e power to affect a Transfer of Paym ent
pursuant to the terms of this Re lease and Settlement Agreement af ter the death of Payee
shall be made to such person or entity as designated in wr iting by Payee
to
No such designation, nor any revocation ther eof, shall be effective unless it is in
Assignee before such paym ents are m ade, but in no even t shall the reque st of the Payee be
unreasonably withheld or denied.
9.1
ake a
qualified assignment, within th e meaning of Section 130 (c) of the Internal Revenue Code of
1986, as amended, of the City of Chicagos liability to make the Periodic Payments set forth in:
Section 6.2(a) to Pacific Life & Annuity Services, Inc.;
Section 6.2(b) to BHG Structured Settlements, Inc.;
The Assignees obligation for pa yment of the Periodic Paym ents shall be no greater than
that of the City of Chicago (whether by judgm ent or agreem ent) imm ediately preced ing the
assignment of the Period Payments obligation.
9.2
Any such assignment, if made, shall be accepted by the Claimant without right of
rejection an d shall complete ly re lease and dis charge the City of Chi cago from t he Periodic
Payments obligation assigned to the Assignees.
such an assignment, the Assignees shall be the sole obligor with respect to the Periodic Payments
obligation, and that all other releases with re
pertain to the liability of the
absolute.
5
10.
The City of Chicago, itself or through its Assignees, reserves the right to fund the
ay have the
maintaining a current mailing address for the Payee with the Annuity Issuers.
11.
The obligation of the City of Chicago a nd/or the Assignees to make each Periodic
Payment sh all b e dis charged upon the m ailing of a valid check or electron ic funds tran sfer
(EFT) in the am ount of such paym ent to the de signated address of the Payee nam ed in Section
6.2 of this Release and Settlement Agreement.
12.
Council. The City will not be obligated to perfor m its obligations pursuant to this Release and
settlement Agreem ent until the following even ts o ccur: (1) the City receives a copy of this
Release and Settlement agreement executed by the Estate of LaQuan McDonald and its attorney;
(2) the Chicago City Council enact s an ordinance authorizing se ttlement and paym ent of the
funds agreed upon in this Release and Settlem ent Agreement. The Chicago City Council enacted
an ordinance on April 15, 2015 approving the total amount of the settlement.
13.
paragraph 6 herein with in thirty (30 ) days of receipt by th e Corporation Counsels Office of a
fully executed settlement agreement, an ordinance of the City Council aut horizing the settlement
as described in p aragraph 6, and any necessary court-entered order in the Circuit Court of Cook
County for the disposition of funds, whichever is
received latest.
solely by the City of Chicago, and Estate of LaQu an McDonald and its atto rneys agree that they
will not seek paym ent from any source other th an the City of Chicago.
will be m ake payable as se t f orth in pa ragraph 6. Eac h party her eto sha ll be ar its own
attorneys fees and costs in connection with this Release and Settlement Agreement, the matters
and documents referred to herein, and all related matters.
14.
Agreement, and upon advice of counsel, Estate of LaQuan McDonald agrees to indem nify and
hold harm less the City of Chicago, and its futu
employees including, but not lim ited to, Officer Jason Van Dyke, Sta r 9465, Offi cer Joseph
Walsh, Star 12865, Detective David March, S tar 20563, Sergeant Daniel Gallagher, Star 1303,
Lieutenant Anthony Wojcik, Star 481, Detective Richard Hagen, Star 20606 from any claim s,
losses, damages or expenses, including attorney s fees and costs, incurred, or w
incurred, by reason of any lien or any other clai
m or interest held by
hich m ay be
corporation against any moneys received or to be received by Estate of LaQuan McDonald under
this settlement entered pursuant to this Release and Settlement Agreement.
15.
Estate of LaQuan McDonald, upon advice of counsel, understands and agrees that
in cons ideration of th e settlem ent e ntered pursu ant to th is Release and Settlem ent Agreem ent,
Estate of LaQuan McDonald does hereby release and forever discha rge on behalf of him self and
his heirs, ex ecutors, ad ministrators and assigns, all claim s he ha d or ha s a gainst Officer Jason
Van Dyke, Star 9465, Officer Joseph W alsh, Star 12865, Detect ive D avid March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutena nt Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 and the City of Chicago, and its fu ture, current or former officers, and agents
and em ployees, including but not lim ited to all cl aims he had, has, or m ay have in the future,
under local, state or federal law, arising either directly or indirectly out of the incident which was
the basis of this claim and any potential litig ation, and that such release and discharge also is
applicable to any and all unnamed agents, employees, officers or persons affiliated with the City
of Chicago.
16.
This Release and Settlement Agreement and any documents that may be executed
under paragraph 19 herein contain the entire agreem ent between the parties with regard to the
settlement of this claim, and shall be binding upon and inure to th e benefit of the parties hereto,
jointly and severally, and the heirs, executo
This Release and Settlement Agreement is entered into in the State of Illinois and
be construed against a party merely because that party is or was the principal drafter.
18.
McDonald represents that it has relied upon the advice of its attorneys, who is the attorney if its
choice, and that the term s of this Release an d Settlem ent Agreem ent have been inte rpreted,
7
completely read and explained to the Independent Administrator by its a ttorney, and that those
terms are fully understood and voluntarily accepted by the Estate of LaQuan McDonald.
Estate
of LaQuan McDonald a lso represents and warrants that no o ther person or en tity has or h as had
any in terest in the cla ims or caus es of ac tion referred to herein, an d that the independent
administrator and its attorneys have the sole right and exclusive authority to execute this Release
and Settlem ent Agreement and rec eive the su ms specif ic herein, and that they ha ve not sold,
assigned, transferred, conveyed, or otherwise disposed of any of the claims or causes of actio n
referred to herein.
19.
The parties hereto agree to cooperate fu lly and execute any and all supplem entary
necessary or appropriate to give full f orce and effect to the basic terms and intent of this Release
and Settlement Agreement.
City of Chicago
a Municipal Corporation
Stephen R. Patton
BY:_________________________________ Corporation
Counsel
Tina Hunter, as Independent Administrator
Attorney for the City of Chicago
of the Estate of LaQuan McDonald, deceased,
Claimant
BY:________________________________
Thomas J. Platt
Deputy Corporation Counsel
30 North LaSalle Street Suite 900
Chicago, Illinois 60602
(312) 744-4833
Attorney No. _________
DATE: ______________________________
Address: _____________________________
_____________________________________
Date of birth: __________________________
BY:__________________________________
Jeffrey J. Neslund
Attorney for Claimant
Jeffrey J. Neslund Law Offices
150 N. Upper Wacker Drive - Suite 2460
Chicago, Illinois 60606
(312) 223-1100
Attorney No. ____________
FEIN: ___________
DATE: ______________________________
BY:_________________________________
Michael Robbins
Attorney for Claimant
Law Office of Michael D. Robbins & Assoc.
20 North Wacker Drive Suite 3710
Chicago, Illinois 60606
(312) 899-8000
Attorney No. ______________
FEIN: ___________________
DATE:______________________________
BY:_____________________________________
Bruce Bornstein, Guardian of the Estate of
Address: _________________________________
_________________________________________
DATE: __________________________________
A Minor
From:
Sent:
To:
Subject:
Attachments:
Platt, Thomas
Tuesday, July 21, 2015 4:39 PM
Goodmann, Daniel;[email protected]
updated release
Goodmann revised 07-21-2015 Hunter - Release Settlement Agreement (with
Guardian).docx
Foryourreview
ThomasJ.Platt
DeputyCorporationCounsel
FederalCivilRightsDivision
30N.LaSalleStreet,Suite900
Chicago,Illinois60602
3127444833
Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmaycontain
legallyprivilegedand/orconfidentialinformation.Ifyouarenottheintendedrecipientofthisemail(ortheperson
responsiblefordeliveringthisdocumenttotheintendedrecipient),youareherebynotifiedthatanydissemination,
distribution,printingorcopyingofthisemail,andanyattachmentthereto,isstrictlyprohibited.Ifyouhavereceived
thisemailinerror,pleaserespondtotheindividualsendingthemessage,andpermanentlydeletetheoriginalandany
copyofanyemailandprintoutthereof.
From:
Sent:
To:
Subject:
Attachments:
Collins, Adam
Wednesday, July 22, 2015 11:48 AM
Rountree, Janey
RE: Comms doc
July and August strategies v3.doc
Follow Up Flag:
Flag Status:
Follow up
Completed
Dontforgettosendthattomewheneveryouhaveasec
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Attachments:
Rountree, Janey
Wednesday, July 22, 2015 11:54 AM
Adam Collins ([email protected])
July and August strategies v3.doc
July and August strategies v3.doc
Follow Up Flag:
Flag Status:
Follow up
Completed
IaddedNationalNightOut/FaithinActioninAugust,whichisnotonGFMscalendarbutshouldbesomethingthe
Mayordoes.Weareintheearlystagesofaguntiplineandtraffickingconferencebutneitherarecookedenoughto
includehere.
From:
Sent:
To:
Cc:
Subject:
Attachments:
AttachedpleasefindtheReleasewiththechangesthatMr.PlattandMr.Robbinsdiscussedyesterday,removingMr.
BornsteinsnamefromthefirstparagraphandsignaturelineaswellascorrectingMr.Neslundsaddress.
Thankyou,
LauraCoronado
AssistanttoMichaelD.Robbins
MichaelD.Robbins&Associates
20NorthWackerDrive,Suite3710
Chicago,IL60606
(312)8998000
Fax:(312)7819123
[email protected]
www.lawmdr.com
Thisemailmaycontainprivilegedand/orconfidentialinformation.Ifyouarenottheintendedrecipient,pleasedonot
read,distributeorreproducethisemail.Ifyoubelievethatyouhavereceivedthisemailinerror,immediatelynotify
MichaelD.Robbins&Associatesatthephonenumberprovidedaboveanddeletethisemailfromyoursystem.
)
)
)
)
)
)
)
No. 14 P 7092
beneficiary of the Estate of Laquan McDonald, (also designated herein as a Payee) and City o f
Chicago, by its attorney, Stephen R. Patton, Corp oration Counsel of the City of Chicago, by one
of his attorneys, Thom as Platt, Deputy Corpor ation Counsel, herein sti pulate and agree to the
following:
1.
The Estate of LaQuan McDonald 14 P 7092, Circuit Court of Cook County, (also
designated herein as Claimant) has brought a claim against City of Chicago and its employees,
Chicago Police Officer Jason Van Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective
David March, Star 20563, Sergeant Daniel Galla gher, Star 1303, Lieutenant Anthony W ojcik,
Star 481, Detective Richard Hagen, Star 20606 and other Chicago Police officers and employees
of the City of Chicago arisi ng out of the fatal shooting of
The parties and their respective attorn eys ack nowledge that settlem ent of this
by or on the part of
current or form er officers, agen ts and em ployees. The p arties and their respective atto rneys
further a cknowledge tha t se ttlement is m ade to avoid the uncertainty of the outcom e of any
litigation an d the expen se in tim e and m oney of litiga tion and f or the purpose of judicia l
1
economy.
4.
In consideration of the hereinafter indi cated settlem ent ente red pursuan t to this
Release and Settlement Agreement, and upon advice of counsel, the Estate of LaQuan McDonald
agrees not to file any lawsuit, claim or cause of action of any kind at any time in any jurisdiction,
including but not lim ited to, any claim s under the Illinois W rongful Death Act, the Illinois
Survival Act and claim s under 42 U.S.C 1983 ag ainst C ity of Chicago, Officer Jason Van
Dyke, Star 9465, Officer Joseph Walsh, Star
Sergeant Daniel Gallagher, Star 1303, Lieutena nt Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 or any of its cu rrent, future or form er officers, agents and em ployees with
respect to the inciden t set f orth in paragraph one of this Release and Settlem ent Agreem ent
except solely in the ev
settlement, with each p arty bearing its own costs and attorneys fees.
McDonald agrees it will be r equired to ex ecute the Release and Settlem ent Agreement prior to
the Citys presentation of the
settlement agreem ent to the Ch icago City Council and that the
repudiated unless the Chicago City Council rejects the se ttlement agreement. The City Council
approved the amount of the settlement on April 15, 2015.
5.
The City of Chicago and Estate of LaQuanMcDonald agree that the fact or existence
and terms of this settlement agreement, including but not limited to this Release and Settlement
Agreement, shall remain confidential until the Chicago City Council approves an ordinance
authorizing this agreement. The City of Chicago and Estate of LaQuan McDonald and its attorneys
further acknowledge and agree that there is an ongoing criminal investigation by the federal and
state authorities of the incident which is the subject of this release and settlement agreement
(incident), and that potential evidence and materials (materials) relating to this investigation
and potential criminal charges, were obtained by the Estate of LaQuan McDonald in response to
subpoenas issued in the matter of Estate of LaQuan McDonald, 14 P 7092, Circuit Court of Cook
County. The City of Chicago submits that release or dissemination of these materials could
interfere with and have an adverse impact on the ongoing criminal investigation and potential
charges brought with respect to this incident. Estate of LaQuan McDonald and its attorneys
therefore agree not to publicly release, disclose or disseminate the materials obtained through
subpoenas issued in 14 P 7092 (materials), until the completion of the pending criminal
investigations and, if criminal charges are brought, the conclusion of such criminal charges by way
2
of plea agreement, trial or dismissal, unless these materials are otherwise publicly disclosed or
disclosed as required by law or court order. Estate of LaQuan McDonald and its attorneys agree
that they will not make any copies or distribute these materials to any other persons or entities and
will provide seven days written notice to the City of Chicago, its attorneys or successors prior to
any publication, dissemination of release of the above mentioned materials.
6.
Thousand Six Hundred Sixty Seven and 00/ 100 Dollars ($3,176,667.00) payable to Tina
Hunter, as Independent Adm inistrator of th e Estate of LaQuan McDonald, and their
attorneys, the Law Office of Je ffrey J. Neslund, to be disbursed as directed by the Circuit
Court of Cook County, Illinois, Probate Division, Case No. 14 P 7092.
(ii) Structured
Thousand, Ninety and no/100 Dollars ($926,090.00) payable to Pacific Life &Annuity
Services, Inc. in order to fund the future pe
6.2(a).
(iii) Structured
Thousand, Two Hundred Forty Three and no/100 Dollars ($897,243.00) payable to BHG
Structured Settlements, Inc. in order to fund the future peri odic payments set forth below
in Section 6.2(b).
6.2
Future periodic paym ents (th e P eriodic Pay ments) m ade accord ing to the
Payee:
$500.00 per month, guaranteed 5 years, beginning on July 1, 2018.
The final guaranteed payment will be due on June 1, 2023.
$17,500.00 payable semi-annually, guaranteed 5 years, beginning on
July 1, 2018 (10 paym ents total). The final gu aranteed payment will be
due on January 1, 2023.
$1,708.65 per m onth for the lifetime of
ter, guaranteed 37
years, beginning on July 1, 2023, with the last guaranteed paym ent on
June 1, 2060. The A nnuity Paym ent Am ount m ay be subject to an
annual increase every July 1 st beginning one (1) year after the first
3
payment and will be ba sed on the lesser of the Index Retu rn during th e
applicable Index Term (first I ndex Term May 15, 2023 through May 15,
2024) and the cap of 5%. If the Index Return during the applicable Index
Term is negative, there will be no increase in the annuity payment amount.
(b)
Payee:
$1,850.00 per m onth for the lifetime of
guaranteed 37
years, beginning on July 1, 2023, incr easing at 3% com pounded annually.
The final guaranteed payment will be due on June 1, 2060.
$30,000.00 guaranteed lump sum, payable on March 28, 2023.
$50,000.00 guaranteed lump sum, payable on March 28, 2030.
$75,000.00 guaranteed lump sum, payable on March 28, 2040.
$125,000.00 guaranteed lump sum, payable on March 28, 2050.
$225,000.00 guaranteed lump sum, payable on March 28, 2060.
No part of t he cost of the Period ic Payments may be paid directly to the Claimant or any Payee ,
inasmuch as the parties negotiated for a struct
sums set for th herein c onstitute da mages on acc ount of personal physica l injuries or sickness,
within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended.
7.
cannot be accelerated, deferred, in creased or d ecreased by the Clai mant or any Pay ee; nor shall
the Claimant or any Payee have the power to sell, mortgage, encumber, or anticipate the Periodic
Payments, or any part thereof, by assignment or otherwise.
The Claimant acknowledges and ag rees that neither the peri odic payments nor any rights
thereto or interest therein (collectively, Payment Rights) can be:
(a)
(b)
assignment, pledge, hypothecation or other transfer or encu mbrance (any such trans action being
hereinafter referred to as a Transfe r) has been approved in advance in a qualified order a s
outlined in Section 589 1(b)(2) of th e Internal Revenue Code of 1986, as am ended (a Qualified
Order), and approved by the
Division, and otherwise complies with applicable state law, including without limitation any and
all applicable state structured settlem ent protection statues. Any such qualified order m ust be
sought in th e original jurisdiction of the settleme nt and m eet all the standards of necessity and
4
Claimant and Payees shall not have th e power to affect a Transfer of Paym ent
pursuant to the terms of this Re lease and Settlement Agreement af ter the death of Payee
shall be made to such person or entity as designated in wr iting by Payee
to
No such designation, nor any revocation ther eof, shall be effective unless it is in
Assignee before such paym ents are m ade, but in no even t shall the reque st of the Payee be
unreasonably withheld or denied.
9.1
ake a
qualified assignment, within th e meaning of Section 130 (c) of the Internal Revenue Code of
1986, as amended, of the City of Chicagos liability to make the Periodic Payments set forth in:
Section 6.2(a) to Pacific Life & Annuity Services, Inc.;
Section 6.2(b) to BHG Structured Settlements, Inc.;
The Assignees obligation for pa yment of the Periodic Paym ents shall be no greater than
that of the City of Chicago (wheth
Any such assignment, if made, shall be accepted by the Claimant without right of
rejection an d shall complete ly re lease and dis charge the City of Chi cago from t he Periodic
Payments obligation assigned to the Assignees.
such an assignment, the Assignees shall be the sole obligor with respect to the Periodic Payments
obligation, and that all other releases with re
pertain to the liability of the
absolute.
5
10.
The City of Chicago, itself or through its Assignees, reserves the right to fund the
ay have the
maintaining a current mailing address for the Payee with the Annuity Issuers.
11.
The obligation of the City of Chicago a nd/or the Assignees to make each Periodic
Payment sh all b e dis charged upon the m ailing of a valid check or electron ic funds tran sfer
(EFT) in the am ount of such paym ent to the de signated address of the Payee nam ed in Section
6.2 of this Release and Settlement Agreement.
12.
Council. The City will not be obligated to perfor m its obligations pursuant to this Release and
settlement Agreem ent until the following even ts o ccur: (1) the City receives a copy of this
Release and Settlement agreement executed by the Estate of LaQuan McDonald and its attorney;
(2) the Chicago City Council enact s an ordinance authorizing se ttlement and paym ent of the
funds agreed upon in this Release and Settlem ent Agreement. The Chicago City Council enacted
an ordinance on April 15, 2015 approving the total amount of the settlement.
13.
paragraph 6 herein with in thirty (30 ) days of receipt by th e Corporation Counsels Office of a
fully executed settlement agreement, an ordinance of the City Council aut horizing the settlement
as described in p aragraph 6, and any necessary court-entered order in the Circuit Court of Cook
County for the disposition of funds, whichever is
received latest.
solely by the City of Chicago, and Estate of LaQu an McDonald and its atto rneys agree that they
will not seek paym ent from any source other th an the City of Chicago.
will be m ake payable as se t f orth in pa ragraph 6. Eac h party her eto sha ll be ar its own
attorneys fees and costs in connection with this Release and Settlement Agreement, the matters
and documents referred to herein, and all related matters.
14.
Agreement, and upon advice of counsel, Estate of LaQuan McDonald agrees to indem nify and
hold harm less the City of Chicago, and its futu
employees including, but not lim ited to, Officer Jason Van Dyke, Sta r 9465, Offi cer Joseph
Walsh, Star 12865, Detective David March, S tar 20563, Sergeant Daniel Gallagher, Star 1303,
Lieutenant Anthony Wojcik, Star 481, Detective Richard Hagen, Star 20606 from any claim s,
losses, damages or expenses, including attorney s fees and costs, incurred, or w
incurred, by reason of any lien or any other clai
m or interest held by
hich m ay be
corporation against any moneys received or to be received by Estate of LaQuan McDonald under
this settlement entered pursuant to this Release and Settlement Agreement.
15.
Estate of LaQuan McDonald, upon advice of counsel, understands and agrees that
in cons ideration of th e settlem ent e ntered pursu ant to th is Release and Settlem ent Agreem ent,
Estate of LaQuan McDonald does hereby release and forever discha rge on behalf of him self and
his heirs, ex ecutors, ad ministrators and assigns, all claim s he ha d or ha s a gainst Officer Jason
Van Dyke, Star 9465, Officer Joseph W alsh, Star 12865, Detect ive D avid March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutena nt Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 and the City of Chicago, and its fu ture, current or former officers, and agents
and em ployees, including but not lim ited to all cl aims he had, has, or m ay have in the future,
under local, state or federal law, arising either directly or indirectly out of the incident which was
the basis of this claim and any potential litig ation, and that such release and discharge also is
applicable to any and all unnamed agents, employees, officers or persons affiliated with the City
of Chicago.
16.
This Release and Settlement Agreement and any documents that may be executed
under paragraph 19 herein contain the entire agreem ent between the parties with regard to the
settlement of this claim, and shall be binding upon and inure to th e benefit of the parties hereto,
jointly and severally, and the heirs, executo
This Release and Settlement Agreement is entered into in the State of Illinois and
be construed against a party merely because that party is or was the principal drafter.
18.
McDonald represents that it has relied upon the advice of its attorneys, who is the attorney if its
choice, and that the term s of this Release an d Settlem ent Agreem ent have been inte rpreted,
7
completely read and explained to the Independent Administrator by its a ttorney, and that those
terms are fully understood and voluntarily accepted by the Estate of LaQuan McDonald.
Estate
of LaQuan McDonald a lso represents and warrants that no o ther person or en tity has or h as had
any in terest in the cla ims or caus es of ac tion referred to herein, an d that the independent
administrator and its attorneys have the sole right and exclusive authority to execute this Release
and Settlem ent Agreement and rec eive the su ms specif ic herein, and that they ha ve not sold,
assigned, transferred, conveyed, or otherwise disposed of any of the claims or causes of actio n
referred to herein.
19.
The parties hereto agree to cooperate fu lly and execute any and all supplem entary
necessary or appropriate to give full f orce and effect to the basic terms and intent of this Release
and Settlement Agreement.
City of Chicago
a Municipal Corporation
Stephen R. Patton
BY:_________________________________ Corporation
Counsel
Tina Hunter, as Independent Administrator
Attorney for the City of Chicago
of the Estate of LaQuan McDonald, deceased,
Claimant
BY:________________________________
Thomas J. Platt
Deputy Corporation Counsel
30 North LaSalle Street Suite 900
Chicago, Illinois 60602
(312) 744-4833
Attorney No. _________
DATE: ______________________________
Address: _____________________________
_____________________________________
Date of birth: __________________________
BY:__________________________________
Jeffrey J. Neslund
Attorney for Claimant
Jeffrey J. Neslund Law Offices
20 N. Wacker Drive - Suite 3710
Chicago, Illinois 60606
(312) 223-1100
Attorney No. ____________
FEIN: ___________
DATE: ______________________________
BY:_________________________________
Michael Robbins
Attorney for Claimant
Law Office of Michael D. Robbins & Assoc.
20 North Wacker Drive Suite 3710
Chicago, Illinois 60606
(312) 899-8000
Attorney No. ______________
FEIN: ___________________
DATE:______________________________
BY:_____________________________________
Guardian of the Estate of
A Minor
Address: _________________________________
_________________________________________
DATE: __________________________________
From:
Sent:
To:
Subject:
Rountree, Janey
Thursday, July 23, 2015 11:49 AM
Collins, Adam;Ando, Scott
RE: Updated Davis statement
Follow Up Flag:
Flag Status:
Follow up
Completed
Ithesentenceaboutsustainrate,thereisamissingwordorsomething.Imightalsoreplaceironicallywithin
addition.OtherwiseIamfinewiththis.
Here'sanupdatedversion.Letmeknowyourthoughts.
OVERALL
Chicagoisfairlyuniqueamongmajorcitiesinthatthereisanindependentcivilianinvestigativeagency,separatefrom
thepolicedepartment,whichindependentlyinvestigatesseriousallegationsofpolicemisconductaswellasofficer
involvedshootings,andwetakeourimportantroleextremelyseriously.
IPRAiscommittedtoconductingfair,unbiased,objective,thoroughandtimelyinvestigationsofallegationsofpolice
misconductandofficerinvolvedshootings.Weobjectivelyinvestigateacomplaint,determinethefacts,reachafinding
andmakearecommendationfordisciplinewhenacomplaintissustained.IPRAtakesnosidesnotwiththe
complainantorthedepartmentmemberandwewillnottoleratebiasinanyform.
Asyouwouldexpect,anyfindingmustbebasedonallavailableevidence.Anythinglessdoesadisservicetoour
community,ourresidentsandthoseweinvestigate.
OFFICERINVOLVEDSHOOTINGSANDMISCONDUCTFINDINGS
WhiletherehasbeendiscussionofthenumberofshootingsIPRAhasfoundtobewithinCPDpolicyandstatelaw,each
oftheseincidentshasalsobeenreviewedbyprosecutorsforpossiblecriminalcharges.Suchareviewisastandardpart
ofeveryIPRAinvestigationsoeachincidentisreviewedbytwoindependentinvestigativeagencies.
Thisprocess,whichisinitiatedbyIPRA,hasledtoprosecutorialactionagainstseveralofficersinrecentyearsincluding
DanteServinandGlennEvans.ThepoliceshootingdeathofLaquanMcDonaldiscurrentlyunderfederalinvestigationas
aresultofIPRAspartnershipwithprosecutors.
Moreover,IPRAcurrentlyhasthehighestsustainedrateagainstisitshistoryjustunder13.5%in2014andover20%in
2015thusfar.
DAVISALLEGATIONS
AllIPRAofficerinvolvedshootinginvestigations,andinvestigationsofmisconductforwhichasustainedfindingis
pervisingInvestigator,aDeputyChiefandthe1stDeputyChiefbeforethereport
containingtherecommendationsisgiventotheChiefAdministrator,who,pursuanttotheIPRAordinance,makesa
disciplinaryrecommendationstothePoliceSuperintendent.Thereviewprocessincludesinternaldiscussionsatalllevels
1
ofreviewtoensurethefindingsreachedareaccurateandmeettheburdenofproof,whichisapreponderanceofthe
evidence.
NooneatIPRAhaseverbeenaskedtochangetheirfindings.However,inaverysmallnumberofcases,whenduringthe
courseofasupervisoryreviewitisfoundthatevidencehasbeenexcludedforasummaryfindingoranalysisasupervisor
willrequestthataninvestigatorreviewandincludeallavailableevidenceintheirfindings.
SuchwasthecasewithMr.Davis.Afewcasesheworkedonwerefoundtobeincompletebyallthreelevelsof
managementabovehim,allwithequalorgreaterexperience,becausetheydidnotincludeallavailableevidenceandin
somecaseswerebuiltonassumptions.Ironically, in some cases Mr. Davis rejected the recommendations of his
OFFTHERECORD:ItshouldbenotedthatlastyearnotasingleinvestigatorotherthanDaviswerefoundtohave
findingsthatdidnotincludeallavailableevidenceinanyofficerinvolvedshootingorexcessiveforce
investigationregardlessofthefindingsinthosecases.
OFFTHERECORD:itsnotaccuratetosaythattheChiefAdministratoroverridesDavis.Itsuggeststhatthe
decisionwasunilateralwheninfact,basedonallavailableevidence,noneofDavissupervisorsagreedwiththe
conclusionshereached.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Attachments:
Collins, Adam
Thursday, July 23, 2015 12:01 PM
Ando, Scott
OVERALL.docx
Follow Up Flag:
Flag Status:
Follow up
Flagged
From:
Sent:
To:
Cc:
Subject:
Holden, John
Thursday, July 23, 2015 2:12 PM
Breymaier, Shannon
Darling, Leslie
RE: DoL FOIA Response
Thx.
I'mfinewithyousendingaslongasLeslieisOK.
From:Holden,John
Sent:Thursday,July23,20151:16PM
To:Breymaier,Shannon
Cc:Darling,Leslie
Subject:FW:DoLFOIAResponse
WegotafollowupinquiryfromAndrew(seebelow).Forapproval:hereistheproposedresponsetoAndrewthatSteve
suggested:
Theinformationyourequested,andweprovided,wasforanyandallpaymentsthecitymadetosettleorsatisfya
judgmentinawrongfuldeathlawsuitthatwastheresultofafatalpoliceinvolvedshooting,fromJan.1,2010to
present.YouarecorrectthatthepaymentstheCitymadeinconnectionwiththosecasestotal$21.7million.
YouarealsocorrectthatiftheLaQuanMcDonaldcasehadnotbeensettledbeforeitwasfiled,itlikelywouldhave
claimedwrongfuldeathandthattheamountofthatsettlementwas$5million.
On Fri, Jul 17, 2015 at 3:06 PM, Holden, John <[email protected]> wrote:
Dear Mr. Schroedter:
Please find attached to this email a response to your recent Freedom of Information Act request. Thank you for
your patience in this matter.
John Holden
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
--------------------Senior Investigator
Better Government Association
223 W. Jackson Blvd; #900
Chicago, IL 60606
(p) 312-821-9035
[email protected]
www.bettergov.org
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Follow up
Completed
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Follow up
Completed
Hereitiswithjustthelineremoved.I'llsendittoLarrytogivetoMSNBC.
Themessageisreadytobesentwiththefollowingfileorlinkattachments:
StatementAndoIPRA07_23_15
Note:Toprotectagainstcomputerviruses,emailprogramsmaypreventsendingorreceivingcertaintypesoffile
attachments.Checkyouremailsecuritysettingstodeterminehowattachmentsarehandled.
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Follow up
Flagged
ForMSNBC.ReferenceFinnell,byhisownadmissiononhisWBEZinterview,hewasneveraskedto"change"afinding.
Themessageisreadytobesentwiththefollowingfileorlinkattachments:
StatementAndoIPRA07_23_15(3)
Note:Toprotectagainstcomputerviruses,emailprogramsmaypreventsendingorreceivingcertaintypesoffile
attachments.Checkyouremailsecuritysettingstodeterminehowattachmentsarehandled.
From:
Sent:
To:
Cc:
Subject:
Attachments:
Soni, Reshma
Thursday, July 23, 2015 6:40 PM
Dunn, James
McNally, Meghan;Fuentes, Angelina;Harrison, Gwendolyn;Platt, Thomas;Hernandez,
Fidel;Rakestraw, Karen;GenActg_Journals
RE: DOL refund - McDonald
McDonald refund - 07222015.pdf
ThankyouJim.
Karen/Jerome,sorryfortherushrequestbutwewouldneedtodoaJVtodebittherevenuethatisin
andcredit
for$5,000,000.Thisisfortherefund
receivedfortheMcDonaldcase,Docketnumber14P7092.Canthisbedonetomorrow?Sorryfortherush.wejust
needtomakeapaymentassoonasthecreditisgivenintheexpenseaccount.
Fidel,IwouldassumethatwewouldseethisreceiptintheC2reporteithertomorroworMonday,isthatcorrect?Can
weconfirmoncewereceiveit?Thanks!
Thankyouall!
Reshma
Reshma,
AttachedisthedepositreceiptfortheMcDonaldrefund.Thedocketnumberis14P7092.
Theaccountthattheoriginalpaymentwasmadefromis
Letmeknowifyouneedanythingelse.
Jim
JamesL.Dunn
AdministrativeDeputy
DepartmentofLaw
121N.LaSalle600
Chicago,IL60602
[email protected]
3127441558
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
,v. ~ - ;....,
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DEPOSIT SLIP/RECEIPT
CITY OF CHICAGO
Department of Finance
City Hali, Room 107
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DR00347
7/22/2015 10;59
#10245627/2299/752
*~~*~~**~~~~ Dl1PLICATE #001 ~~~~~~~~~~~~
7/22/2015
11:01
DR00347
heck No:
Phone No
From:
Sent:
To:
Cc:
Subject:
Quinn, Kelley
Thursday, July 23, 2015 6:46 PM
Collins, Adam
Rendina, Michael;Ewing, Clothilde;Update_List;Rountree, Janey
Re: Press inquiry: IPRA HR issue
Follow Up Flag:
Flag Status:
Follow up
Completed
SentfrommyBlackBerry10smartphoneontheVerizonWireless4GLTEnetwork.
From: Collins, Adam
Sent: Thursday, July 23, 2015 6:06 PM
To: Ewing, Clothilde; Update_List
Cc: Rountree, Janey
Subject: RE: Press inquiry: IPRA HR issue
SentfrommyBlackBerry10smartphoneontheVerizonWireless4GLTEnetwork.
From: Collins, Adam
Sent: Thursday, July 23, 2015 5:36 PM
To: Update_List
Cc: Rountree, Janey
Subject: RE: Press inquiry: IPRA HR issue
ChipMitchellatWBEZcontinuestoaskourofficecommentontheIPRAstoryandcallsfromsomein
recentdays(Sawyer,DannyDavid,KwameRaoul)foraninvestigationintoIPRA.Ithinkweshould
addressitnowwhenhescoveringthestoryanywaysandtrytoavoiddraggingthestoryoutanyfurther.
HereswhatIdliketotellhim,fromme:
ThisisaninternalIPRAmatterthattheyhaveaddressed.IPRAischargedwiththemissionofmaintaining
thehighestlevelofintegritywhileconductingobjective,thoroughinvestigations,andthecitydoesnot
toleratebiasedinvestigationsinanycapacity.Thegoalofeveryinvestigationmustbetofindthetruth
andstriveforjustice.WehaveconfidenceinIPRAandtheimportantroletheyplayasanindependent,
civilianledreviewagency.
Therewas/isaprotestatIPRArightnowonthisfiringandanumberofotherissues.Charles
Thomasisamongthosecoveringanddemandingmoreinfoonthematter.
belowiswhatI'dliketohavethemgivetoinquiringpress.
Weneedtomovethisprettyquickly.Pleaseletmeknowifyouhaveanyissues.
OVERALL
Chicagoisfairlyuniqueamongmajorcitiesinthatthereisanindependentcivilianinvestigativeagency,
separatefromthepolicedepartment,whichindependentlyinvestigatesseriousallegationsofpolice
misconductaswellasofficerinvolvedshootings,andwetakeourimportantroleextremelyseriously.
IPRAiscommittedtoconductingfair,unbiased,objective,thoroughandtimelyinvestigationsof
allegationsofpolicemisconductandofficerinvolvedshootings.Weobjectivelyinvestigateacomplaint,
determinethefacts,reachafindingandmakearecommendationfordisciplinewhenacomplaintis
sustained.IPRAtakesnosidesnotwiththecomplainantorthedepartmentmemberandwewillnot
toleratebiasinanyform.
Asyouwouldexpect,anyfindingmustbebasedonallavailableevidence.Anythinglessdoesa
disservicetoourcommunity,ourresidentsandthoseweinvestigate.
OFFICERINVOLVEDSHOOTINGSANDMISCONDUCTFINDINGS
WhiletherehasbeendiscussionofthenumberofshootingsIPRAhasfoundtobewithinCPDpolicyand
statelaw,eachoftheseincidentshasalsobeenreviewedbyprosecutorsforpossiblecriminalcharges.
SuchareviewisastandardpartofeveryIPRAinvestigationsoeachincidentisreviewedbytwo
independentinvestigativeagencies.
Thisprocess,whichisinitiatedbyIPRA,hasledtoprosecutorialactionagainstseveralofficersinrecent
yearsincludingDanteServinandGlennEvans.ThepoliceshootingdeathofLaquanMcDonaldis
currentlyunderfederalinvestigationasaresultofIPRAspartnershipwithprosecutors.
Moreover,IPRAcurrentlyhasthehighestsustainedrateinitshistoryjustunder13.5%in2014and
over20%in2015thusfar.
DAVISALLEGATIONS
AllIPRAofficerinvolvedshootinginvestigations,andinvestigationsofmisconductforwhichasustained
findingisrecommended,arereviewedbyaSupervisingInvestigator,aDeputyChiefandthe1stDeputy
ChiefbeforethereportcontainingtherecommendationsisgiventotheChiefAdministrator,who,
pursuanttotheIPRAordinance,makesadisciplinaryrecommendationstothePoliceSuperintendent.
Thereviewprocessincludesinternaldiscussionsatalllevelsofreviewtoensurethefindingsreachedare
accurateandmeettheburdenofproof,whichisapreponderanceoftheevidence.
3
NooneatIPRAhaseverbeenaskedtochangetheirfindings.However,inaverysmallnumberofcases,
whenduringthecourseofasupervisoryreviewitisfoundthatevidencehasbeenexcludedfora
summaryfindingoranalysisasupervisorwillrequestthataninvestigatorreviewandincludeall
availableevidenceintheirfindings.
SuchwasthecasewithMr.Davis.Afewcasesheworkedonwerefoundtobeincompletebyallthree
levelsofmanagementabovehim,allwithequalorgreaterexperience,becausetheydidnotincludeall
availableevidenceandinsomecaseswerebuiltonassumptions.In addition, in some cases Mr. Davis
rejected the recommendations of his subordinates and told them to change their
recommendations.
OFFTHERECORD:ItshouldbenotedthatlastyearnotasingleinvestigatorotherthanDavis
werefoundtohavefindingsthatdidnotincludeallavailableevidenceinanyofficerinvolved
shootingorexcessiveforceinvestigationregardlessofthefindingsinthosecases.
OFFTHERECORD:itsnotaccuratetosaythattheChiefAdministratoroverridesDavis.It
suggeststhatthedecisionwasunilateralwheninfact,basedonallavailableevidence,noneof
Davissupervisorsagreedwiththeconclusionshereached.
From:Collins,Adam
Sent:Monday,July20,20153:40PM
To:Update_List
Cc:Rountree,Janey
Subject:RE:Pressinquiry:IPRAHRissue
Wehave3TVschasingthisstorytoday,basedontheslantedversionthatWBEZaired.ABC7/Charles,
CBS2/Tucker,Fox32/Wall.
HereswhatIPRAissaying
Thisisapersonnelmatter,anditwouldbeinappropriatetoaddressitthroughthemedia.IPRAis
committedtoconductingfair,unbiased,objective,thoroughandtimelyinvestigationsofallegationsof
policemisconductandofficerinvolvedshootings.
Chicagoisfairlyuniqueamongmajorcitiesinthatthereisanindependentcivilianinvestigativeagency,
separatefromthepolicedepartment,whichindependentlyinvestigatesseriousallegationsofpolice
misconductaswellasofficerinvolvedshootings,andwetakeourimportantroleextremelyseriously.
IPRAobjectivelyinvestigatesacomplaint,determinesthefacts,reachesafindingandmakesa
recommendationfordisciplinewhenacomplaintissustained.
AllIPRAofficerinvolvedshootinginvestigations,andinvestigationsofmisconductforwhichana
sustainedfindingisrecommended,arereviewedbyaSupervisingInvestigator,aDeputyChiefandthe
1stDeputyChiefbeforethereportcontainingtherecommendationsisgiventotheChiefAdministrator,
who,pursuanttotheIPRAordinance,makesadisciplinaryrecommendationstothePolice
Superintendent.Thereviewprocessincludesinternaldiscussionsatalllevelsofreviewtoensurethe
findingsreachedareaccurateandmeettheburdenofproof,whichisapreponderanceoftheevidence.
OFFTHERECORD
4
IPRAisnotclosewiththeChicagoPoliceDepartment;IPRAisatotallyindependentinvestigativeagency,
althoughwedohaveanecessaryproductiveworkingrelationshipwiththem,whichisabsolutely
necessaryforthedisciplinaryprocesstowork.IPRAtakesnosidesnotwiththecomplainantorthe
departmentmember.
InaverysmallnumberofIPRAscases,findingsmaybechangedwhentheinvestigatorhasreachedan
appropriateconclusionnotsupportedbytheevidence.InthecaseofMr.Davis,hisfindingswerefound
tobeinaccuratebythreelevelsofmanagementabovehim,allwithequalorgreaterexperience.
ChipMitchellatWBEZisdoingastoryaboutanIPRAinvestigatorwhowasterminated.Theformer
employeeandafewothersaresayinghegotintroubleforopposingIPRAdecisionstochangeordiscard
sustainedfindingsbyhisinvestigativeteaminseveralcasesofallegedexcessiveforce,including
officerinvolvedshootings.HealsoclaimsthatthelackofanIPRAsustainedfindingagainstanyofficer
inthehundredsofondutypoliceinvolvedshootingsovertheyearshaserodedpublicconfidenceinthe
policedepartment.
Heslookingforaresponse.
HereswhatIPRAwouldliketosay.UnlessthereareissuesIllhavethemmovethisat3pm.
Thisisapersonnelmatter,anditwouldbeinappropriatetoaddressitthroughthemedia.IPRAis
committedtoconductingfair,unbiased,objective,thoroughandtimelyinvestigationsofallegationsof
policemisconductandofficerinvolvedshootings.
From:
Sent:
To:
Subject:
Collins, Adam
Monday, July 27, 2015 6:23 AM
Guglielmi, Anthony;Rountree, Janey
Fw: (NEWS) BGA: Chicago tops in fatal police shootings among big U.S. cities
Follow Up Flag:
Flag Status:
Follow up
Completed
HeyAnthony
Canyoupleaseletmeknowifyougetanyfollowupsonthis?It'sridiculousthatBGAwouldn'tbotherto
mentionthatChicagoisincrediblytransparentonthisissue,andthereasontheywereabletogetitallforthis
citywasthatit'sonlinebrokendownbygenderandrace.You'dthinktheBGAwouldcareaboutthatfact...
Also,wouldhavebeenamuchsmarteranswerforIPRAthatwhattheysaid.That'swhathappenswhenthey
don'tgiveusaheadsupthough.
From:NewsClips
Sent:Monday,July27,20155:14AM
Subject:(NEWS)BGA:ChicagotopsinfatalpoliceshootingsamongbigU.S.cities
ChicagotopsinfatalpoliceshootingsamongbigU.S.cities
BGA//AndrewSchroedter//July26,2015
Chicagopolicehavefatallyshot70peopleoverafiveyearspan,topsamongdepartmentsinthelargestU.S.
cities.
TheChicagovictimswerenearlyallmale.Mostwereblack.Morethanhalfofthekillingshappenedinsix
SouthSidepolicedistricts.
Nootherpolicedepartmentinanyofthe10mostpopulouscitieskilledmorepeoplefrom2010through2014,
butChicagoranksfourthbehindPhoenix,PhiladelphiaandDallaswhenthenumbersareadjustedfor
population,accordingtoaBetterGovernmentAssociationanalysisofdataobtainedthroughinterviewsand
openrecordsrequests.
Thefindingscomeaslawenforcementsuseofdeadlyforcecomesunderintensescrutinyamidhighly
publicizedkillingsinCleveland;Ferguson,Missouri;NewYork,andelsewherethathavetriggeredanational
conversationaboutpolicing.
InChicago,anofficerwasrecentlyacquittedofkillinganunarmedwoman,thefirsttimeacophasstoodtrial
forafatalshootinginmorethanadecade,andtheFBIisinvestigatinglastyearsdeathofateenshot16times
byChicagopolice.
Cityofficialsarequicktopointout,however,thatpoliceshootingsaretrendinglowerthisyearofficershad
fatallyshotthreepeoplein2015asofFriday,puttingthedepartmentonpacetorecordthefewestkillings
since2012,whentherewereatotalofeight.
Therealquestionis,aretheshootingsappropriate?saysformerLosAngelespoliceofficerDavidKlinger,a
professorofcriminologyandcriminaljusticeattheUniversityofMissouriSt.Louis.Ifnot,thatswhereIget
concerned.
1
Buthowthatdeterminationismadecanbecontroversial.
ChicagosIndependentPoliceReviewAuthority,orIPRA,hasinvestigatednearly400policeshootingsfatal
andnonfatalsince2007andfoundonlyonetobeunjustified,thoughScottAndo,IPRAschief
administrator,saidtherearependinginvestigationsthatonewouldbelievewillbeunjustified.Hedeclined
tobemorespecific.
Justbecauseitwasjustifieddoesntmeanitwasnecessary,saysPeterMoskos,aformerBaltimorepolice
officerwhoisanassistantprofessorattheJohnJayCollegeofCriminalJusticeatCityUniversityofNewYork.
Perhaps,itcouldhavebeenpreventedbybettertrainingordifferenttactics.
ChicagoPoliceSupt.GarryMcCarthyhaspubliclycreditedmoretrainingandoversight,aswellasofficer
restraint,forreducingthenumberofpoliceshootingsthisyear.Hisnewsaffairsofficedidntrespondtoa
requestbytheBGAtospeakwithMcCarthy.
Butinastatement,thedepartmentsaid,Since2011,underSupt.McCarthy,theChicagoPoliceDepartment
hasinvestedinspecializedinstruction...[that]reinforcespoliceofficersskillsetsoncommunitybuilding,
problemsolvinganddeescalatingtenseconfrontations.Policeinvolvedshootingsaredownbydoubledigit
percentagesfollowingtheimplementationofthisuniquetraining.
TheFraternalOrderofPolice,whichrepresentsrankandfileChicagocops,didntrespondtointerview
requests.
TheBGAobtaineddataonfatalshootingsfromdepartmentsinthe10largestU.S.citiesbypopulation,
throughinterviewsandopenrecordsrequests.Thedataincludesshootingsbyonandoffdutyofficers.
Afederaldatabasethattrackspoliceshootingsinatimelyandcomprehensivemannerdoesntexist,sotheres
nosimplewaytocomparethenumberofpoliceshootingsacrossdifferentcities.
Chicagopolicereportedkilling70peoplefrom2010through2014,themostofanydepartmenttheBGA
lookedat,followedbyPhoenix(57);Philadelphia(54);Houston(49);andLosAngeles(47),recordsshow.
Whenadjustedforpopulation,Phoenixwastopswitharateof3.77per100,000residents,followedby
Philadelphia(3.48);Dallas(2.7);Chicago(2.57);andHouston(2.23).NewYorkrankedatthebottom,though
thatdepartmentprovidedtheBGAwithdataforonlyfourofthefiveyearsrequested.Apolicespokesman
said2014figureswerentavailable,thoughtheNewYorkDailyNewsreportedlastDecemberthatNewYork
policehadkilled13peoplelastyear.ANewYorkpolicespokesmancouldnotconfirmthatfigure.
Othernotablefindings:
Chicagopoliceshot240peoplefrom2010through2014,oranaverageaboutoneperweek,accordingto
interviewsandrecords.ThatwasmorethanotherdepartmentsexaminedbytheBGA,thoughLosAngeles,
NewYorkandPhoenixprovidedincompletedataonoverallpoliceshootings,ordataonfatalshootingsonly.
Since2010,thecityofChicagohaspaid$26.7milliontofamiliesofvictimswhowereshotandkilledbypolice,
accordingtointerviewsandrecords.Thatincludesa$5millionpaymenttothefamilyofLaquanMcDonald,
theteenwhowasfatallyshot16timesbypolicelastOctober.AnFBIspokeswomansaysacriminal
investigationofthatshootingisongoing.
BlacksareaboutathirdofChicagospopulationbutaccountedforatleasttwothirds,or46,ofthe70people
killedbypolicefrom2010to2014,IPRArecordsshow.
Fortyone,or59percent,ofChicagos70fatalshootings,happenedintheCalumet,Deering,Englewood,
GrandCrossing,GreshamandMorganParkpolicedistricts.
ToldoftheBGAsfindings,ArthurLurigio,aprofessorofpsychologyandcriminaljusticeatLoyolaUniversity
Chicago,saidhewasntsurprisedtheshootingswereconcentratedinspecificpocketsofthecity.
Thedistrictswherepoliceshootingsarethehighestareprobablythedistrictswhereviolentandgangcrimes
arethehighest,hesays.Inthoseneighborhoods,policeareonhigheralert.Theyremorelikelytofeel
threatened,andtheresagreaterlikelihoodtheyllreactmoreaggressively.
Lastyear,theBGAreportedthat,overadecade,thecityspentmorethan$500milliononpolicemisconduct
relatedlegalclaims,includingthoseinvolvingpoliceshootings.
Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmay
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From:
Sent:
To:
Subject:
Rountree, Janey
Tuesday, July 28, 2015 1:46 PM
Guglielmi, Anthony;Collins, Adam
RE: Heads up from ME
Follow Up Flag:
Flag Status:
Follow up
Completed
Onthesecondone,shouldtheUSAttorneysofficebetheonetopushbackand/orcalltheME?
JustafriendlyFYI,FrankfromME'sofficecalledtoadvisethattheywillbereleasingsomeinfotodayinrefto2cases:
1. AutopsyresultsofLatoyaJackson(womanfoundburnedinherhomew/bodiesofherchildren).CODwas
strangulation.
2. CasereportandCrimescenelogandprocessingsheetsforLaquanMcDonaldcasewearegoingtofightthisbc
ofanongoinginvestigation.
From:
Sent:
To:
Subject:
Attachments:
Fischler, Matt
Thursday, July 30, 2015 5:06 PM
Rountree, Janey
last notes from team check-in
Public Safety To Do List_July 17 notes (1) (2).docx
Follow Up Flag:
Flag Status:
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This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
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From:
Sent:
To:
Subject:
Stivers, Samantha
Friday, July 31, 2015 10:02 AM
Rountree, Janey;Henry, Vance;Bennett, Kenneth
RE: Follow up requests from the from Police Accountability Coalition
Follow Up Flag:
Flag Status:
Follow up
Completed
PushedbacktoTuesdayat1pm.
Imactuallynotfreeat11today.Ihaveanurgentcallthatisntonmycalendar.Canwefindanothertime?
Sentsomethingoutfortodayat11am
GoodMorningJaney,surething,let'stalkasap.
I'vehadsomeofflinetalksw/leadersandhavesomeinsights,weshoulddiscuss.
I'vegottenanearfullfollowingMonday'sfrontpagearticleintheSunTimesaboutthe#70fatalshootingbyCPD,inthe
last5yrs.
Additionally,therecontinuestobetalkaboutthetapeinvolvingtheshootingofLaquanMcDonald,andpublicsentiment
aboutacoverup.
Asyoumightimagine,thetiminganddetailsdiscussedintheSunTimesarticleandgrowinginterestintheMcDonald
incidenthasnotworkedinourfavor,andishelpingto"stirthepot".
********
Sam,
PlsscheduleKen,Janeyandmyselfforaconferencecall,preferablyFridayinam.
ThanksMa'am.
1
From:Rountree,Janey
Sent:Thursday,July30,20154:46:09PM
To:Bennett,Kenneth;Henry,Vance
Subject:FW:FollowuprequestsfromthefromPoliceAccountabilityCoalition
Canwediscuss?
DearKen,Janey,andVance,
Asithasbeenoveraweeksincewesentthisletterandwehavenotheardfromyou,ourleadershipismovingforward
undertheassumptionthatthemayorisnotwillingtomeetagaininthenextmonthandthatyouwillnotbesendingus
theinformationwehadaskedforinourfollowupcommunication(whichIhavereattachedagainforyourreference).If
thisisnottrue,pleaseletusknowwhenwecanmeetagainandwhenwewillreceivetheinformationyoureferenced.
Thankyouandhaveablessedday
AlexWiesendanger
DirectorofOrganizing
CommunityRenewalSociety
(312)6733840
[email protected]
Neverdoubtthatasmallgroupofthoughtful,committedcitizenscanchangetheworld.Infact,itstheonlythingthat
everhas.
From:AlexWiesendanger
Sent:Tuesday,July21,20153:22PM
To:Henry,Vance([email protected])<[email protected]>;Bennett,Kenneth
([email protected])<[email protected]>;'[email protected]'
<[email protected]>
Cc:Rev.CurtissPaulDeYoung,Ed.D.<[email protected]>;CieraWalker
<[email protected]>;RyanWallace<[email protected]>;LoriClark
<[email protected]>;NoraGaines([email protected])<[email protected]>
Subject:FollowuprequestsfromthefromPoliceAccountabilityCoalition
DearKen,Janey,andVance,
Pleasefindattachedafollowupletterfromourcoalitionwithrequestsforadditionalinformationandafollowup
meetingwithmayor.
Welookforwardtohearingfromyou.
Peacewithjustice
alex
From:
Sent:
To:
Subject:
Attachments:
Hiisthereanewagenda?
Thanks!
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
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From:
Sent:
To:
Subject:
Stivers, Samantha
Tuesday, August 04, 2015 1:05 PM
Rountree, Janey;Henry, Vance;Bennett, Kenneth
RE: Conf. Call - RE: Follow up requests from the from Police Accountability Coalition
Follow Up Flag:
Flag Status:
Follow up
Completed
Itypedinthewrongaccesscode.Sorry!
Try
Also,Vanceifyouareable,Janey&KenareinKensOffice.
_____________________________________________
From: Rountree, Janey
Sent: Tuesday, August 04, 2015 1:01 PM
To: Stivers, Samantha; Henry, Vance; Bennett, Kenneth
Subject: RE: Conf. Call - RE: Follow up requests from the from Police Accountability Coalition
Thisaccesscodeisnotworkingforme
Callinnumber:888
AccessCode:
HostPasscode:
GoodMorningJaney,surething,let'stalkasap.
I'vehadsomeofflinetalksw/leadersandhavesomeinsights,weshoulddiscuss.
I'vegottenanearfullfollowingMonday'sfrontpagearticleintheSunTimesaboutthe#70fatalshootingbyCPD,inthe
last5yrs.
CHAIN CONTINUES AS
PREVIOUSLY PRODUCED
)
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)
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No. 14 P 7092
The Estate of LaQuan McDonald 14 P 7092, Circuit Court of Cook County, (also
designated herein as Claimant) has brought a claim against City of Chicago and its employees,
Chicago Police Officer Jason Van Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective
David March, Star 20563, Sergeant Daniel Gallagher, Star 1303, Lieutenant Anthony Wojcik,
Star 481, Detective Richard Hagen, Star 20606 and other Chicago Police officers and employees
of the City of Chicago arising out of the fatal shooting of LaQuan McDonald on October 20,
2014 for which the Estate of LaQuan McDonald claims damages.
2.
The parties and their respective attorneys acknowledge that settlement of this
further acknowledge that settlement is made to avoid the uncertainty of the outcome of any
litigation and the expense in time and money of litigation and for the purpose of judicial
economy.
4.
Release and Settlement Agreement, and upon advice of counsel, the Estate of LaQuan McDonald
agrees not to file any lawsuit, claim or cause of action of any kind at any time in any jurisdiction,
including but not limited to, any claims under the Illinois Wrongful Death Act, the Illinois
Survival Act and claims under 42 U.S.C 1983 against City of Chicago, Officer Jason Van
Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective David March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutenant Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 or any of its current, future or former officers, agents and employees with
respect to the incident set forth in paragraph one of this Release and Settlement Agreement
except solely in the event that the Chicago City Council rejects the hereinafter indicated
settlement, with each party bearing its own costs and attorneys fees. The Estate of LaQuan
McDonald agrees it will be required to execute the Release and Settlement Agreement prior to
the Citys presentation of the settlement agreement to the Chicago City Council and that the
Estate of LaQuan McDonald offers to settle on these terms shall not be revoked or otherwise
repudiated unless the Chicago City Council rejects the settlement agreement. The City Council
approved the amount of the settlement on April 15, 2015.
5.
The City of Chicago and Estate of LaQuan McDonald agree that the fact or
existence and terms of this settlement agreement, including but not limited to this Release and
Settlement Agreement, shall remain confidential until the Chicago City Council approves an
ordinance authorizing this agreement. The City of Chicago and Estate of LaQuan McDonald and
its attorneys further acknowledge and agree that there is an ongoing criminal investigation by the
federal and state authorities of the incident which is the subject of this release and settlement
agreement (incident), and that potential evidence and materials (materials) relating to this
investigation and potential criminal charges, were obtained by the Estate of LaQuan McDonald in
response to subpoenas issued in the matter of Estate of LaQuan McDonald, 14 P 7092, Circuit
Court of Cook County. The City of Chicago submits that release or dissemination of these
materials could interfere with and have an adverse impact on the ongoing criminal investigation
and potential charges brought with respect to this incident. Estate of LaQuan McDonald and its
attorneys therefore agree not to publicly release, disclose or disseminate the materials obtained
through subpoenas issued in 14 P 7092 (materials), until the completion of the pending criminal
investigations and, if criminal charges are brought, the conclusion of such criminal charges by way
2
Formatted: Justified
of plea agreement, trial or dismissal, unless these materials are otherwise publicly disclosed or
disclosed as required by law or court order. Estate of LaQuan McDonald and its attorneys agree
that they will not make any copies or distribute these materials to any other persons or entities and
will provide seven days written notice to the City of Chicago, its attorneys or successors prior to
any publication, dissemination of release of the above mentioned materials.
6.
Chicago, in the total amount of FIVE MILLION DOLLARS AND NO/100 DOLLARS
($5,000,000.00), inclusive of all costs and attorneys fees, payable as follows:
(i)
Eighty Seventy Six Thousand Six Hundred Sixty Seven and 00/100 Dollars
($2,386,667.003,176,667.00) payable to Tina Hunter, as Independent Administrator of
the Estate of LaQuan McDonald, and their attorneys, the Law Office of Jeffrey J.
Neslund and Michael D. Robbins & Associates, to be disbursed as directed by the Circuit
Court of Cook County, Illinois, Probate Division, Case No. 14 P 7092.
(ii)
Thousand, Two Hundred Forty Three and no/100 Dollars ($897,243.00) payable to BHG
Structured Settlements, Inc. in order to fund the future periodic payments set forth below
in Section 6.2(b).
(iv)
Payee:
$500.00 per month, guaranteed 5 years, beginning on July 1, 2018.
The final guaranteed payment will be due on June 1, 2023.
$17,500.00 payable semi-annually, guaranteed 5 years, beginning on
July 1, 2018 (10 payments total). The final guaranteed payment will be
3
Payee:
$1,850.00 per month for the lifetime of
guaranteed 37
years, beginning on July 1, 2023, increasing at 3% compounded annually.
The final guaranteed payment will be due on June 1, 2060.
$30,000.00 guaranteed lump sum, payable on March 28, 2023.
$50,000.00 guaranteed lump sum, payable on March 28, 2030.
$75,000.00 guaranteed lump sum, payable on March 28, 2040.
$125,000.00 guaranteed lump sum, payable on March 28, 2050.
$225,000.00 guaranteed lump sum, payable on March 28, 2060.
(c)
No part of the cost of the Periodic Payments may be paid directly to the Claimant or any Payee,
inasmuch as the parties negotiated for a structured settlement and the Periodic Payments. All
sums set forth herein constitute damages on account of personal physical injuries or sickness,
within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended.
7.
cannot be accelerated, deferred, increased or decreased by the Claimant or any Payee; nor shall
the Claimant or any Payee have the power to sell, mortgage, encumber, or anticipate the Periodic
Payments, or any part thereof, by assignment or otherwise.
The Claimant acknowledges and agrees that neither the periodic payments nor any rights
thereto or interest therein (collectively, Payment Rights) can be:
(a)
(b)
encumbered, either directly or indirectly, by the Claimant and Payees unless such sale,
assignment, pledge, hypothecation or other transfer or encumbrance (any such transaction being
hereinafter referred to as a Transfer) has been approved in advance in a qualified order as
outlined in Section 5891(b)(2) of the Internal Revenue Code of 1986, as amended (a Qualified
Order), and approved by the Circuit Court, County of Cook, State of Illinois, Probate
Division, and otherwise complies with applicable state law, including without limitation any and
all applicable state structured settlement protection statues. Any such qualified order must be
sought in the original jurisdiction of the settlement and meet all the standards of necessity and
approved by the court in said jurisdiction.
(c)
Claimant and Payees shall not have the power to affect a Transfer of Payment
Rights except as provided in subparagraph (b) above, and any other purported Transfer of
Payment Rights shall be wholly void.
8.1
Any remaining guaranteed periodic payments to be made after the death of any
Payee pursuant to the terms of this Release and Settlement Agreement shall be made to such
person or entity as shall be designated in writing by any Payee (once reaching the age of majority),
to the City of Chicago or the City of Chicagos Assignee. If no person or entity is so designated
by any Payee, or if the person designated is not living at the time of the Payees' death, such
payments shall be made to the estate of the Payee(s).
8.2
writing and delivered to the City of Chicago or the City of Chicagos Assignee.
The
designation must be in a form acceptable to the City of Chicago or the City of Chicagos
Assignee before such payments are made, but in no event shall the request of the any Payee be
unreasonably withheld or denied.
9.1
Claimant acknowledges and agrees that the City of Chicago shall make a
qualified assignment, within the meaning of Section 130 (c) of the Internal Revenue Code of
1986, as amended, of the City of Chicagos liability to make the Periodic Payments set forth in:
Section 6.2(a) to Pacific Life & Annuity Services, Inc.;
Section 6.2(b) to BHG Structured Settlements, Inc.;
Section 6.2(c) to BHG Structured Settlements, Inc.;
The Assignees obligation for payment of the Periodic Payments shall be no greater than
that of the City of Chicago (whether by judgment or agreement) immediately preceding the
5
Any such assignment, if made, shall be accepted by the Claimant without right of
rejection and shall completely release and discharge the City of Chicago from the Periodic
Payments obligation assigned to the Assignees. The Claimant recognizes that, in the event of
such an assignment, the Assignees shall be the sole obligor with respect to the Periodic Payments
obligation, and that all other releases with respect to the Periodic Payments obligation that
pertain to the liability of the City of Chicago shall thereupon become final, irrevocable and
absolute.
10.
The City of Chicago, itself or through its Assignees, reserves the right to fund the
Annuity Issuers mail payments directly to the Payees. The Payees shall be responsible for
maintaining a current mailing address for the Payees with the Annuity Issuers.
11.
The obligation of the City of Chicago and/or the Assignees to make each Periodic
Payment shall be discharged upon the mailing of a valid check or electronic funds transfer
(EFT) in the amount of such payment to the designated address of the Payee named in Section
6.2 of this Release and Settlement Agreement.
12.
The Citys obligation pursuant to this Release and Settlement Agreement are
conditioned upon approval of the Release and Settlement Agreement by the Chicago City
Council. The City will not be obligated to perform its obligations pursuant to this Release and
settlement Agreement until the following events occur:
Release and Settlement agreement executed by the Estate of LaQuan McDonald and its attorney;
(2) the Chicago City Council enacts an ordinance authorizing settlement and payment of the
funds agreed upon in this Release and Settlement Agreement. The Chicago City Council enacted
an ordinance on April 15, 2015 approving the total amount of the settlement.
13.
The City agrees to pay Claimant the total settlement amount as specified in
paragraph 6 herein within thirty (30) days of receipt by the Corporation Counsels Office of a
6
fully executed settlement agreement, an ordinance of the City Council authorizing the settlement
as described in paragraph 6, and any necessary court-entered order in the Circuit Court of Cook
County for the disposition of funds, whichever is received latest.
solely by the City of Chicago, and Estate of LaQuan McDonald and its attorneys agree that they
will not seek payment from any source other than the City of Chicago.
will be make payable as set forth in paragraph 6.
attorneys fees and costs in connection with this Release and Settlement Agreement, the matters
and documents referred to herein, and all related matters.
14.
Agreement, and upon advice of counsel, Estate of LaQuan McDonald agrees to indemnify and
hold harmless the City of Chicago, and its future, current, or former officers, agents and
employees including, but not limited to, Officer Jason Van Dyke, Star 9465, Officer Joseph
Walsh, Star 12865, Detective David March, Star 20563, Sergeant Daniel Gallagher, Star 1303,
Lieutenant Anthony Wojcik, Star 481, Detective Richard Hagen, Star 20606 from any claims,
losses, damages or expenses, including attorneys fees and costs, incurred, or which may be
incurred, by reason of any lien or any other claim or interest held by any person, entity or
corporation against any moneys received or to be received by Estate of LaQuan McDonald under
this settlement entered pursuant to this Release and Settlement Agreement.
15.
Estate of LaQuan McDonald, upon advice of counsel, understands and agrees that
in consideration of the settlement entered pursuant to this Release and Settlement Agreement,
Estate of LaQuan McDonald does hereby release and forever discharge on behalf of himself and
his heirs, executors, administrators and assigns, all claims he had or has against Officer Jason
Van Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective David March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutenant Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 and the City of Chicago, and its future, current or former officers, and agents
and employees, including but not limited to all claims he had, has, or may have in the future,
under local, state or federal law, arising either directly or indirectly out of the incident which was
the basis of this claim and any potential litigation, and that such release and discharge also is
applicable to any and all unnamed agents, employees, officers or persons affiliated with the City
of Chicago.
16.
This Release and Settlement Agreement and any documents that may be executed
under paragraph 19 herein contain the entire agreement between the parties with regard to the
7
settlement of this claim, and shall be binding upon and inure to the benefit of the parties hereto,
jointly and severally, and the heirs, executors, administrators, personal representatives,
successors, and assigns of each.
17.
This Release and Settlement Agreement is entered into in the State of Illinois and
shall be construed and interpreted in accordance with its laws. Terms contained herein shall not
be construed against a party merely because that party is or was the principal drafter.
18.
McDonald represents that it has relied upon the advice of its attorneys, who is the attorney if its
choice, and that the terms of this Release and Settlement Agreement have been interpreted,
completely read and explained to the Independent Administrator by its attorney, and that those
terms are fully understood and voluntarily accepted by the Estate of LaQuan McDonald. Estate
of LaQuan McDonald also represents and warrants that no other person or entity has or has had
any interest in the claims or causes of action referred to herein, and that the independent
administrator and its attorneys have the sole right and exclusive authority to execute this Release
and Settlement Agreement and receive the sums specific herein, and that they have not sold,
assigned, transferred, conveyed, or otherwise disposed of any of the claims or causes of action
referred to herein.
19.
The parties hereto agree to cooperate fully and execute any and all supplementary
documents and to take all additional actions which are consistent with and which may be
necessary or appropriate to give full force and effect to the basic terms and intent of this Release
and Settlement Agreement.
City of Chicago
a Municipal Corporation
Stephen R. Patton
Corporation Counsel
Attorney for the City of Chicago
BY:_________________________________
Tina Hunter, as Independent Administrator
of the Estate of LaQuan McDonald, deceased,
Claimant
BY:________________________________
Thomas J. Platt
Deputy Corporation Counsel
30 North LaSalle Street Suite 900
Chicago, Illinois 60602
(312) 744-4833
Attorney No. _________
DATE: ______________________________
Address: _____________________________
_____________________________________
Date of birth: __________________________
BY:__________________________________
Jeffrey J. Neslund
Attorney for Claimant
Jeffrey J. Neslund Law Offices
20 N. Wacker Drive - Suite 3710
Chicago, Illinois 60606
(312) 223-1100
Attorney No. ____________
FEIN: ___________
DATE: ______________________________
BY:_________________________________
Michael Robbins
Attorney for Claimant
Law Office of Michael D. Robbins & Assoc.
20 North Wacker Drive Suite 3710
Chicago, Illinois 60606
(312) 899-8000
Attorney No. ______________
FEIN: ___________________
DATE:______________________________
BY:_____________________________________
Guardian of the Estate of
A Minor
Address: _________________________________
_________________________________________
DATE: __________________________________
From:
Sent:
To:
Subject:
McGregor, Lorraine
Monday, August 10, 2015 12:22 PM
Goodmann, Daniel;Platt, Thomas
RE: Hunter (EO LaQuan McDonald) - No. 14 P 7092
Yes.
Pacific$916,090.00
BHG$1,697,243.00
Thetwoarefrommyoffice?(BerkshireHathawayandPacificLife?)
Jimcalledtoo.However,Ionlyhavetwocomptrollerchecklistsinsteadoftheamountstocover$5MunlessI
overlookedone.
Thepaymentisbeingdoneover.Theoriginalcheckwasreturned.Iwillwalkyouthroughit.
IwillcallyouwhenIgetin.Originalfundingwasreturned.Complicatedtosaytheleast.
DanielJGoodmann
ManagingDirector
(312)5957055Office
(312)5431834Cell
SentfrommyiPhone
OnAug10,2015,at9:22AM,McGregor,Lorraine<[email protected]>wrote:
Hello,
Seetheattached.PaymentwasdueinMay?Isthisanotherpayment?
4/22/2015 14 P 7092
5/14/2015
GoodafternoonTom:
Theplaintiffshadtotakeanextra$10,000incashandTinaisstructuringnowaswell,sothedocuments
had to be revised. The following attached documents pertain to the structured settlement for the
EstateofLaQuanMcDonald.
Premium Check(s) Request 080715: Please note, the premium check is due in our office by
September11,2015inordertomaintainthecurrentcostandbenefits.
FCRLDCOMPTROLLERCHECKLIST(BERKSHIRE)080715
FCRLDCOMPTROLLERCHECKLIST(PACIFIC)080715
QualifiedAssignment,ReleaseandPledgeAgreement(Pacific)080715:Pleasehavethissigned
onpage4andinitialedonpage5onbehalfoftheCityofChicago,asAssignor.Wewillsenda
separatecopyoftheagreementtotheplaintiffsattorneytoobtaintheplaintiffssignaturesand
initials.
Qualified Assignment, Release and Pledge Agreement (Berkshire) 080715: Please have this
signedonpage5andinitialedonpage6onbehalfoftheCityofChicago,asAssignor.Wewill
send a separate copy of the agreement to the plaintiffs attorney to obtain the plaintiffs
signaturesandinitials.
QualifiedAssignmentandReleaseTina(Berkshire)080715:Pleasehavethissignedonpage5
andinitialedonpage6onbehalfoftheCityofChicago,asAssignor.Wewillsendaseparate
copyoftheagreementtotheplaintiffsattorneytoobtaintheplaintiffssignaturesandinitials.
2
$5
Release Settlement Agreement (with Guardian) revised 080715: We tracked the changes for
easeofreferencestartingwiththedocumentlabeledHunterReleaseSettlementAgreement
(withGuardian)revised7212015(final72215).ThiscopyhasbeensenttoMichaelRobbins
forhisreviewaswell.
Ifyouhaveanyquestions,pleasedonothesitatetocontactus.
Thankyou.
Liz
Elizabeth Real, CSSC
Account Manager Structured Settlements
Mesirow Financial
353 North Clark Street
Chicago, Illinois 60654
t 312.595.7058
t 877.772.4436
f 312.595.4440
e [email protected]
www.mesirowfinancial.com
This communication may contain privileged and/or confidential information. It is intended solely for the use of the
addressee. If you are not the intended recipient, you are strictly prohibited from disclosing, copying, distributing or
using any of this information. If you received this communication in error, please contact the sender immediately and
destroy the material in its entirety, whether electronic or hard copy. Confidential, proprietary or time-sensitive
communications should not be transmitted via the Internet, as there can be no assurance of actual or timely delivery,
receipt and/or confidentiality. This is not an offer, or solicitation
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named
herein and may contain legally privileged and/or confidential information. If you are not the
intended recipient of this e-mail (or the person responsible for delivering this document to the
intended recipient), you are hereby notified that any dissemination, distribution, printing or
copying of this e-mail, and any attachment thereto, is strictly prohibited. If you have received
this e-mail in error, please respond to the individual sending the message, and permanently delete
the original and any copy of any e-mail and printout thereof.
<mcdonald-04222015.pdf>
Visit us on the Web at mesirowfinancial.com
This communication may contain privileged and/or confidential information. It is intended solely for the use of
3
the addressee. If you are not the intended recipient, you are strictly prohibited from disclosing, copying,
distributing or using any of this information. If you received this communication in error, please contact the
sender immediately and destroy the material in its entirety, whether electronic or hard copy. Confidential,
proprietary or time-sensitive communications should not be transmitted via the Internet, as there can be no
assurance of actual or timely delivery, receipt and/or confidentiality. This is not an offer, or solicitation of any
offer to buy or sell any security, investment or other product.
Visit us on the Web at mesirowfinancial.com
This communication may contain privileged and/or confidential information. It is intended solely for the use of
the addressee. If you are not the intended recipient, you are strictly prohibited from disclosing, copying,
distributing or using any of this information. If you received this communication in error, please contact the
sender immediately and destroy the material in its entirety, whether electronic or hard copy. Confidential,
proprietary or time-sensitive communications should not be transmitted via the Internet, as there can be no
assurance of actual or timely delivery, receipt and/or confidentiality. This is not an offer, or solicitation of any
offer to buy or sell any security, investment or other product.
Amount: $1,697,243.00
Plaintiff(s)
______________________________
A Minor,
_______________________________
Phone Number:
Verdicts/Judgments
Amount: $916,090.00
Plaintiff(s) _
______________________________
A Minor,
_______________________________
Phone Number:
Verdicts/Judgments
August 7, 2015
Thomas Platt
Attorney for City of Chicago
Deputy Corporation Counsel
[email protected]
RE: Claimant:
No.
Dear Tom:
Thank you for allowing us the opportunity to provide settlement services for the above-referenced claim. To fund the
periodic payments, please issue the premium checks as follows:
Premiums Due by:
Send to:
Premium amount:
$1,697,243.00
Payee:
Premium amount:
$916,090.00
Payee:
Elizabeth Real
Account Manager
cc:
Mesirow Advanced Strategies, Inc. Mesirow Financial Alternative Investments, LLC Mesirow Financial Commodities Management, LLC Mesirow Financial Consulting, LLC
Mesirow Financial Interim Management, LLC Mesirow Financial Investment Management, Inc. Mesirow Financial Private Equity Advisors, Inc. Mesirow Financial Real Estate Brokerage, Inc.
Mesirow Financial Real Estate Consulting, LLC Mesirow Financial Structured Settlements, LLC Mesirow Insurance Services, Inc. Mesirow Realty Sale-Leaseback, Inc.
Securities offered through Mesirow Financial, Inc. Member NYSE, SIPC
In the event of any conflict between this Agreement and the Settlement Agreement with respect to
the Periodic Payments or the assignment made herein, the terms and conditions of this
Agreement shall prevail.
This Qualified Assignment and Release Agreement may be signed in one or more counterparts.
Assignor: _________________________________
By:
Title:
Assignee:
BHG Structured Settlements, Inc.
By:
Authorized Representative
Title:
Claimant(s) or Payee(s):
By:
-
-
By:
Page
of
Addendum No. 1
Description of Periodic Payments
-
-
INITIALS
Assignor:
________
Assignee:
________
Claimant or Payee:
________
________
Page
of
Assignor:
City of Chicago
Settlement Agreement:
Governing Law:
Illinois
Assignee-Debtor:
Page 1 of 6
ii.
compensation
under
compensation act,
workers
Page 2 of 6
i.
ii.
Transfer approved in accordance with subparagraph (ii) above the rights of any direct
or indirect transferee of such Transfer shall
be subject to the terms of this Agreement
and any defense or claim in recoupment
arising hereunder.
8. Contingent Beneficiaries. Any Periodic
Payments to be made after the death of any
Claimant-Secured
Party,
Payee
or
Successor Payee shall be made to such
Su
party as shall have been designated in, or in
accordance with, the Settlement Agreement
or, if the Settlement Agreement does not
provide for such designation, then to the
party designated in conformity with this
paragraph 8. Any party so designated is
referred to in this Agreement as a
Contingent Beneficiary. If no Contingent
Beneficiary is living at the time of the death
of a Claimant-Secured Party, Payee or
Successor Payee, payment shall be made to
the decedents estate unless otherwise
provided in the Settlement Agreement. As
used in this Agreement the term Successor
Payee refers to a Contingent Beneficiary or
an estate that has become entitled to
receive Periodic Payments following the
death of a Claimant-Secured Party, Payee
or a Successor Payee. Except where a
designation has been made in the
Settlement Agreement, no designation or
change of designation of a Contingent
Beneficiary shall be effective unless such
designation or change (i) is requested in a
written request submitted to AssigneeDebtor in accordance with AssigneeDebtors
customary
procedures
for
processing such requests; and (ii) is
confirmed by Assignee-Debtor. However,
Assignee-Debtor will not be liable for any
payment made prior to receipt of the request
or so soon thereafter that payment could not
reasonably be stopped.
Except for a
designation that is expressly identified in the
Settlement Agreement as irrevocable, any
designation of a Contingent Beneficiary shall
be deemed to be revocable; and no party
that is designated as a Contingent
Beneficiary (other than a party irrevocably
designated as a Contingent Beneficiary in
the Settlement Agreement) shall, solely by
virtue of its designation as a Contingent
Beneficiary, be deemed to have any
cognizable interest in any Periodic
Payments.
9. Termination of Settlement Agreement /
Failure to Satisfy Section 130(c).
). If at any
time prior to completion of the Periodic
Payments, the Settlement Agreement is
Page 3 of 6
Effect;
Page 4 of 6
In the event of any conflict between this Agreement and the Settlement Agreement with respect to
the Periodic Payments or the assignment made herein, the terms and conditions of this
Agreement shall prevail.
This Qualified Assignment and Release Agreement may be signed in one or more counterparts.
City of Chicago
Assignor: _________________________________
By:
Title: Deputy Corporation Counsel
Assignee:
BHG Structured Settlements, Inc.
By:
Authorized Representative
Claimant(s) or Payee(s):
By:
, A Minor
By: ___________________________________
The Estate of LaQuan McDonald, deceased
By:
Michael Robbins
Page 5 of 6
Addendum No. 1
Description of Periodic Payments
Payee:
Tariana Hunter
INITIALS
Assignor:
________
Assignee-Debtor:
________
________ ________
________
Page 6 of 6
"Assignor(s)":
City of Chicago
"Assignee-Debtor":
"Annuity Issuer":
Pacific Life
Pacific Life refers to Pacific Life Insurance Company and its affiliates, including Pacific Life & Annuity Company. Insurance
products are issued by Pacific Life Insurance Company in all states except New York and in New York by Pacific Life &
Annuity Company. Product availability and features may vary by state. Each company is solely responsible for the financial
obligations accruing under the products it issues. Insurance product and rider guarantees are backed by the financial strength
and claims-paying ability of the issuing company.
PL QAR&P
v2012
3.
Assignee-Debtors liability to make the Periodic Payments is no greater than that of Assignor as determined
immediately prior to this Agreement. None of the Periodic Payments may be accelerated, deferred, increased or
decreased, anticipated, sold, assigned, pledged, or encumbered by Claimant-Secured Party.
4.
The obligation assumed by Assignee-Debtor to make each applicable Periodic Payment shall be fully discharged
upon the mailing of a valid check or wire transfer of funds on or before the due date for such Periodic Payment to
the address of record specified by Claimant-Secured Party.
5.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Illinois .
6.
Assignee-Debtor may fund the Periodic Payments by purchasing the Annuity from Annuity Issuer to serve as a
"qualified funding asset" within the meaning of Section 130(d) of the Code. All rights of ownership and control of
the Annuity shall be and remain vested in the Assignee-Debtor except as provided in paragraphs 11 and 12 of
this Agreement.
7.
Assignee-Debtor may have the Annuity Issuer send payments from the Annuity directly to the payee(s) specified
in Addendum No.1. Such direction of payment shall be solely for Assignee-Debtor's convenience and shall not
provide Claimant-Secured Party or any payee with any rights of ownership or control over the Annuity or against
Annuity Issuer.
8.
Any Periodic Payments to be made after the death of any Claimant or Successor Payee shall be made to such
party as shall have been designated in, or in accordance with, the Settlement Agreement or, if the Settlement
Agreement does not provide for such designation, then to the party designated in conformity with this paragraph
8. Any party so designated is referred to in this Agreement as a "Contingent Beneficiary." If no Contingent
Beneficiary is living at the time of the death of a Claimant or Successor Payee, payment shall be made to the
decedents estate. As used in this agreement the term "Successor Payee" refers to a Contingent Beneficiary or
an estate that has become entitled to receive Periodic Payments following the death of a Claimant or a
Successor Payee. Except as otherwise provided in the Settlement Agreement, no designation or change of
designation of a Contingent Beneficiary shall be effective unless such change (i) is requested in a written request
submitted to Assignee (or its authorized agent) in accordance with Assignees customary procedures for
processing such requests; and (ii) is confirmed by Assignee (or its authorized agent). Except for a designation
that is expressly identified in the Settlement Agreement as irrevocable, any designation of a Contingent
Beneficiary shall be deemed to be revocable; and no party that is designated as a Contingent Beneficiary (other
than a party irrevocably designated as a Contingent Beneficiary in the Settlement Agreement) shall, solely by
virtue of its designation as a Contingent Beneficiary, be deemed to have any cognizable interest in any Periodic
Payments.
Note: Beneficiaries section only applies to guaranteed benefits (Period Certain, Lump Sum(s), Life with Certain
payments).
9.
Assignee-Debtor's liability to make the Periodic Payments shall continue without diminution regardless of any
bankruptcy or insolvency of Assignor.
10. In the event the Settlement Agreement is declared terminated by a court of competent jurisdiction the parties
shall act in accordance with the orders of the court; provided however that nothing in this paragraph shall
preclude a party to this Agreement from appealing any order or judgment of a court. In the event that Section
130(c) of the Code has not been satisfied, (i) the assignment by Assignor to Assignee-Debtor of the liability to
make the periodic payments to Claimant-Secured Party described in paragraph 1 of this Agreement shall be of
no force and effect, (ii) the Assignee-Debtor shall be acting in the transaction as the agent of the Assignor and
the Annuity shall be owned by Assignor which will continue to have the liability to make the Periodic Payments to
Claimant-Secured Party, (iii) Assignee-Debtor shall have no liability to make any Periodic Payment to
Claimant-Secured Party, and (iv) the parties hereto agree to cooperate in taking such actions as are reasonably
necessary or appropriate to achieve the foregoing.
PL QAR&P
v2012
11. This Agreement shall be binding upon the respective representatives, heirs, successors and assigns of the
parties hereto and upon any person or entity that may assert any right hereunder or to any of the Periodic
Payments.
12. Assignee-Debtor hereby pledges and grants to Claimant-Secured Party a lien on and security interest in all of
Assignee-Debtor's right, title, and interest in the Annuity and all payments therefrom in order to secure the
obligation of the Assignee-Debtor to make the Periodic Payments. Assignee-Debtor and Claimant-Secured Party
shall notify Annuity Issuer of the lien created under this Agreement, and Assignee-Debtor shall deliver the
Annuity to Claimant-Secured Party upon execution of this Agreement and receipt by Assignee-Debtor of the
Annuity from Annuity Issuer.
13. Assignee-Debtor shall have all rights of ownership and control in the Annuity, including the right to receive and
retain all benefits under the Annuity, which are not inconsistent with the security interest granted under
paragraph 12, and Claimant-Secured Party shall have no right to anticipate, sell, assign, pledge, encumber, or
otherwise exercise any right with respect to the Annuity, so long as Assignee-Debtor has not failed due to
insolvency or bankruptcy to make any of the Periodic Payments. If a failure occurs and is continuing,
Claimant-Secured Party shall have all of the rights and remedies of a secured party under the law then in effect
in the State of Illinois.
14. Any Annuity will bear the following legend:
"NOTICE"
"This annuity contract has been delivered to the possession of
for the sole
purpose of perfecting a lien and security interest of such person in this contract. The above named
is not the owner of, and has no ownership rights in, this contract and may not anticipate, sell,
assign, pledge, encumber or otherwise use this contract as any form of collateral. Please contact
the issuer for further information."
15. In entering into this Agreement, Claimant-Secured Party represents that he or she has relied on the advice of his
or her attorneys, who are the attorneys of his or her choice, concerning the legal and income tax consequences
of the Agreement; that the terms of the Agreement have been completely read by and explained to
Claimant-Secured Party; and that the terms of this Agreement are fully understood and voluntarily accepted by
Claimant-Secured Party. Assignee-Debtor makes no representations with respect to the tax consequences of
this Agreement or the adequacy of the security interest created hereby.
16. Any notice to a party hereunder shall be in writing and shall be deemed to have been given when mailed to the
party's address of record.
17. No financing statement in respect of the security interest granted herein shall be filed in any nonjudicial office of
any federal, state, or local governmental authority.
PL QAR&P
v2012
By:
Authorized Representative
Title:
By:
By:
Authorized Representative
Authorized Representative
Title:
Claimant:
Title:
A Minor
By:
Claimant's Attorney
Claimant:
By:
PL QAR&P
v2012
Addendum No. 1
Description of Periodic Payments
Payee :
Benefit(s):
1. Period Certain Annuity - $17,500.00 payable semi-annually, guaranteed for 5 year(s) which is 10
payments, beginning on 07/01/2018, with the last guaranteed payment on 01/01/2023.
2. Period Certain Annuity - $500.00 payable monthly, guaranteed for 5 year(s) which is 60 payments,
beginning on 07/01/2018, with the last guaranteed payment on 06/01/2023.
3. Life Certain Annuity - Indexed - $1,678.75 for life, payable monthly, guaranteed for 37 year(s) which
is 444 payments, beginning on 07/01/2023, with the last guaranteed payment on 06/01/2060. The
Annuity Payment Amount may be subject to an annual increase every 07/01 beginning in one year after
the first payment and will be based on the lesser of the Index Return during the applicable Index Term
(first Index Term is 05/15/2023 to 05/15/2024) and the cap of 5%. If the Index Return during the
applicable Index Term is negative, there will be no increase in the Annuity Payment Amount.
Initials
Claimant-Secured Party:
Assignor(s):
Assignee-Debtor:
Assignee-Debtor:
Attorney for Claimant-Secured Party:
PL QAR&P
v2012
From:
Sent:
To:
Subject:
McGregor, Lorraine
Wednesday, August 12, 2015 11:09 AM
Platt, Thomas
RE: Hunter (EO LaQuan McDonald)
Thanks.Justchecking.
Thatistrue.Thereisnothingtodoatthistime
IstilldonthaveanysigneddocumentsorthirdComptrollerrequestform.Frommyunderstanding,thedocumentswere
goingtoberevised.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Cc:
Subject:
Tom,
Per your request, and based upon the information I have received from the Dan Goodmann and
Don Engles, upon receipt of a fully executed Agreement, and the requisite court order, the City
will issue checks to the payees in the amounts listed below. The revised Settlement and Release,
which reflects these amounts and payees, has been forwarded to yourself as well as attorneys
representing the minor's interest.
1.$2,386,667.00payabletoTinaHunter,asIndependentAdministratoroftheEstateof
LaquanMcDonaldandit'sattorneys,theLawOfficesofJeffreyJ.
NeslundandMichaelD.Robbins&Associates(per:Para.6(i)oftheReleaseand
SettlementAgreement);
2.$800,000.00payabletoBHGStructuredSettlements,Inc.(forTinaHunters
structure);(per:Para.6(iv)oftheReleaseandSettlementAgreement);
3.$916,090.00payabletoPacificLife&AnnuityServices,Inc.(for
structure);(per:Para.6(ii)oftheReleaseandSettlementAgreement);
4.$897,243.00payabletoBHGStructuredSettlements,Inc.(for
structure);(per:Para.6(iii)oftheReleaseandSettlementAgreement);
Totaldisbursement:$5,000,000,asprovidedforinPara.6oftheReleaseandSettlement
Agreement.
Thanks,Mike
Michael D. Robbins
Michael D. Robbins & Associates
20 North Wacker Dr.
Suite 3710
Chicago, IL 60606
312/899-8000
1
Thisemailmaycontainprivilegedand/orconfidentialinformation.ifyouarenottheintendedrecipient,pleasedonot
read,distributeorreproducethisemail.Ifyoubelievethatyouhavereceivedthisemailinerror,immediatelynotify
MichaelD.Robbins&Associatesatthephonenumberprovidedaboveanddeletetheemailfromyoursystem
From:
Sent:
To:
Cc:
Subject:
Attachments:
Platt, Thomas
Wednesday, August 12, 2015 2:02 PM
Real, Elizabeth
Goodmann, Daniel
Hunter
Goodmann revised 07-21-2015 Hunter - Release Settlement Agreement (with
Guardian).docx
DearLiz:
Thisisthemostrecentrevisedversionofthereleasefortheabovecase.ThiswaspreparedJuly21,2015.
ThomasJ.Platt
DeputyCorporationCounsel
FederalCivilRightsDivision
30N.LaSalleStreet,Suite900
Chicago,Illinois60602
3127444833
Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmaycontain
legallyprivilegedand/orconfidentialinformation.Ifyouarenottheintendedrecipientofthisemail(ortheperson
responsiblefordeliveringthisdocumenttotheintendedrecipient),youareherebynotifiedthatanydissemination,
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thisemailinerror,pleaserespondtotheindividualsendingthemessage,andpermanentlydeletetheoriginalandany
copyofanyemailandprintoutthereof.
)
)
)
)
)
)
)
No. 14 P 7092
LaQuan McDonald by her court appointed guardian, (also designated herein as a Payee) and
City of Chicago, by its attorney, Stephen R. Patton, Corporation Counsel of the City of Chicago,
by one of his attorneys, Thomas Platt, Deputy Corporation Counsel, herein stipulate and agree to
the following:
1.
The Estate of LaQuan McDonald 14 P 7092, Circuit Court of Cook County, (also
designated herein as Claimant) has brought a claim against City of Chicago and its employees,
Chicago Police Officer Jason Van Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective
David March, Star 20563, Sergeant Daniel Gallagher, Star 1303, Lieutenant Anthony Wojcik,
Star 481, Detective Richard Hagen, Star 20606 and other Chicago Police officers and employees
of the City of Chicago arising out of the fatal shooting of LaQuan McDonald on October 20,
2014 for which the Estate of LaQuan McDonald claims damages.
2.
The parties and their respective attorneys acknowledge that settlement of this
further acknowledge that settlement is made to avoid the uncertainty of the outcome of any
litigation and the expense in time and money of litigation and for the purpose of judicial
1
economy.
4.
Release and Settlement Agreement, and upon advice of counsel, the Estate of LaQuan McDonald
agrees not to file any lawsuit, claim or cause of action of any kind at any time in any jurisdiction,
including but not limited to, any claims under the Illinois Wrongful Death Act, the Illinois
Survival Act and claims under 42 U.S.C 1983 against City of Chicago, Officer Jason Van
Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective David March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutenant Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 or any of its current, future or former officers, agents and employees with
respect to the incident set forth in paragraph one of this Release and Settlement Agreement
except solely in the event that the Chicago City Council rejects the hereinafter indicated
settlement, with each party bearing its own costs and attorneys fees. The Estate of LaQuan
McDonald agrees it will be required to execute the Release and Settlement Agreement prior to
the Citys presentation of the settlement agreement to the Chicago City Council and that the
Estate of LaQuan McDonald offers to settle on these terms shall not be revoked or otherwise
repudiated unless the Chicago City Council rejects the settlement agreement. The City Council
approved the amount of the settlement on April 15, 2015.
5.
The City of Chicago and Estate of LaQuan McDonald agree that the fact or existence
and terms of this settlement agreement, including but not limited to this Release and Settlement
Agreement, shall remain confidential until the Chicago City Council approves an ordinance
authorizing this agreement. The City of Chicago and Estate of LaQuan McDonald and its attorneys
further acknowledge and agree that there is an ongoing criminal investigation by the federal and
state authorities of the incident which is the subject of this release and settlement agreement
(incident), and that potential evidence and materials (materials) relating to this investigation
and potential criminal charges, were obtained by the Estate of LaQuan McDonald in response to
subpoenas issued in the matter of Estate of LaQuan McDonald, 14 P 7092, Circuit Court of Cook
County. The City of Chicago submits that release or dissemination of these materials could
interfere with and have an adverse impact on the ongoing criminal investigation and potential
charges brought with respect to this incident. Estate of LaQuan McDonald and its attorneys
therefore agree not to publicly release, disclose or disseminate the materials obtained through
subpoenas issued in 14 P 7092 (materials), until the completion of the pending criminal
investigations and, if criminal charges are brought, the conclusion of such criminal charges by way
2
of plea agreement, trial or dismissal, unless these materials are otherwise publicly disclosed or
disclosed as required by law or court order. Estate of LaQuan McDonald and its attorneys agree
that they will not make any copies or distribute these materials to any other persons or entities and
will provide seven days written notice to the City of Chicago, its attorneys or successors prior to
any publication, dissemination of release of the above mentioned materials.
6.
Chicago, in the total amount of FIVE MILLION DOLLARS AND NO/100 DOLLARS
($5,000,000.00), inclusive of all costs and attorneys fees, payable as follows:
(i)
Thousand Six Hundred Sixty Seven and 00/100 Dollars ($3,176,667.00) payable to Tina
Hunter, as Independent Administrator of the Estate of LaQuan McDonald, and their
attorneys, the Law Office of Jeffrey J. Neslund, to be disbursed as directed by the Circuit
Court of Cook County, Illinois, Probate Division, Case No. 14 P 7092.
(ii)
Thousand, Ninety and no/100 Dollars ($926,090.00) payable to Pacific Life &Annuity
Services, Inc. in order to fund the future periodic payments set forth below in Section
6.2(a).
(iii)
Thousand, Two Hundred Forty Three and no/100 Dollars ($897,243.00) payable to BHG
Structured Settlements, Inc. in order to fund the future periodic payments set forth below
in Section 6.2(b).
6.2
Payee:
$500.00 per month, guaranteed 5 years, beginning on July 1, 2018.
The final guaranteed payment will be due on June 1, 2023.
$17,500.00 payable semi-annually, guaranteed 5 years, beginning on
July 1, 2018 (10 payments total). The final guaranteed payment will be
due on January 1, 2023.
$1,708.65 per month for the lifetime of
guaranteed 37
years, beginning on July 1, 2023, with the last guaranteed payment on
June 1, 2060. The Annuity Payment Amount may be subject to an
annual increase every July 1st beginning one (1) year after the first
3
payment and will be based on the lesser of the Index Return during the
applicable Index Term (first Index Term May 15, 2023 through May 15,
2024) and the cap of 5%. If the Index Return during the applicable Index
Term is negative, there will be no increase in the annuity payment amount.
(b)
Payee:
$1,850.00 per month for the lifetime of
guaranteed 37
years, beginning on July 1, 2023, increasing at 3% compounded annually.
The final guaranteed payment will be due on June 1, 2060.
$30,000.00 guaranteed lump sum, payable on March 28, 2023.
$50,000.00 guaranteed lump sum, payable on March 28, 2030.
$75,000.00 guaranteed lump sum, payable on March 28, 2040.
$125,000.00 guaranteed lump sum, payable on March 28, 2050.
$225,000.00 guaranteed lump sum, payable on March 28, 2060.
No part of the cost of the Periodic Payments may be paid directly to the Claimant or any Payee,
inasmuch as the parties negotiated for a structured settlement and the Periodic Payments. All
sums set forth herein constitute damages on account of personal physical injuries or sickness,
within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended.
7.
cannot be accelerated, deferred, increased or decreased by the Claimant or any Payee; nor shall
the Claimant or any Payee have the power to sell, mortgage, encumber, or anticipate the Periodic
Payments, or any part thereof, by assignment or otherwise.
The Claimant acknowledges and agrees that neither the periodic payments nor any rights
thereto or interest therein (collectively, Payment Rights) can be:
(a)
(b)
encumbered, either directly or indirectly, by the Claimant and Payees unless such sale,
assignment, pledge, hypothecation or other transfer or encumbrance (any such transaction being
hereinafter referred to as a Transfer) has been approved in advance in a qualified order as
outlined in Section 5891(b)(2) of the Internal Revenue Code of 1986, as amended (a Qualified
Order), and approved by the Circuit Court, County of Cook, State of Illinois, Probate
Division, and otherwise complies with applicable state law, including without limitation any and
all applicable state structured settlement protection statues. Any such qualified order must be
sought in the original jurisdiction of the settlement and meet all the standards of necessity and
Claimant and Payees shall not have the power to affect a Transfer of Payment
Rights except as provided in subparagraph (b) above, and any other purported Transfer of
Payment Rights shall be wholly void.
8.1
pursuant to the terms of this Release and Settlement Agreement after the death of Payee
shall be made to such person or entity as designated in writing by Payee
to
writing and delivered to the City of Chicago or the City of Chicagos Assignee.
The
designation must be in a form acceptable to the City of Chicago or the City of Chicagos
Assignee before such payments are made, but in no event shall the request of the Payee be
unreasonably withheld or denied.
9.1
Claimant acknowledges and agrees that the City of Chicago shall make a
qualified assignment, within the meaning of Section 130 (c) of the Internal Revenue Code of
1986, as amended, of the City of Chicagos liability to make the Periodic Payments set forth in:
Section 6.2(a) to Pacific Life & Annuity Services, Inc.;
Section 6.2(b) to BHG Structured Settlements, Inc.;
The Assignees obligation for payment of the Periodic Payments shall be no greater than
that of the City of Chicago (whether by judgment or agreement) immediately preceding the
assignment of the Period Payments obligation.
9.2
Any such assignment, if made, shall be accepted by the Claimant without right of
rejection and shall completely release and discharge the City of Chicago from the Periodic
Payments obligation assigned to the Assignees.
such an assignment, the Assignees shall be the sole obligor with respect to the Periodic Payments
obligation, and that all other releases with respect to the Periodic Payments obligation that
pertain to the liability of the City of Chicago shall thereupon become final, irrevocable and
absolute.
5
10.
The City of Chicago, itself or through its Assignees, reserves the right to fund the
maintaining a current mailing address for the Payee with the Annuity Issuers.
11.
The obligation of the City of Chicago and/or the Assignees to make each Periodic
Payment shall be discharged upon the mailing of a valid check or electronic funds transfer
(EFT) in the amount of such payment to the designated address of the Payee named in Section
6.2 of this Release and Settlement Agreement.
12.
The Citys obligation pursuant to this Release and Settlement Agreement are
conditioned upon approval of the Release and Settlement Agreement by the Chicago City
Council. The City will not be obligated to perform its obligations pursuant to this Release and
settlement Agreement until the following events occur:
Release and Settlement agreement executed by the Estate of LaQuan McDonald and its attorney;
(2) the Chicago City Council enacts an ordinance authorizing settlement and payment of the
funds agreed upon in this Release and Settlement Agreement. The Chicago City Council enacted
an ordinance on April 15, 2015 approving the total amount of the settlement.
13.
The City agrees to pay Claimant the total settlement amount as specified in
paragraph 6 herein within thirty (30) days of receipt by the Corporation Counsels Office of a
fully executed settlement agreement, an ordinance of the City Council authorizing the settlement
as described in paragraph 6, and any necessary court-entered order in the Circuit Court of Cook
County for the disposition of funds, whichever is received latest.
solely by the City of Chicago, and Estate of LaQuan McDonald and its attorneys agree that they
will not seek payment from any source other than the City of Chicago. The settlement checks
will be make payable as set forth in paragraph 6.
attorneys fees and costs in connection with this Release and Settlement Agreement, the matters
and documents referred to herein, and all related matters.
14.
Agreement, and upon advice of counsel, Estate of LaQuan McDonald agrees to indemnify and
hold harmless the City of Chicago, and its future, current, or former officers, agents and
employees including, but not limited to, Officer Jason Van Dyke, Star 9465, Officer Joseph
Walsh, Star 12865, Detective David March, Star 20563, Sergeant Daniel Gallagher, Star 1303,
Lieutenant Anthony Wojcik, Star 481, Detective Richard Hagen, Star 20606 from any claims,
losses, damages or expenses, including attorneys fees and costs, incurred, or which may be
incurred, by reason of any lien or any other claim or interest held by any person, entity or
corporation against any moneys received or to be received by Estate of LaQuan McDonald under
this settlement entered pursuant to this Release and Settlement Agreement.
15.
Estate of LaQuan McDonald, upon advice of counsel, understands and agrees that
in consideration of the settlement entered pursuant to this Release and Settlement Agreement,
Estate of LaQuan McDonald does hereby release and forever discharge on behalf of himself and
his heirs, executors, administrators and assigns, all claims he had or has against Officer Jason
Van Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective David March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutenant Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 and the City of Chicago, and its future, current or former officers, and agents
and employees, including but not limited to all claims he had, has, or may have in the future,
under local, state or federal law, arising either directly or indirectly out of the incident which was
the basis of this claim and any potential litigation, and that such release and discharge also is
applicable to any and all unnamed agents, employees, officers or persons affiliated with the City
of Chicago.
16.
This Release and Settlement Agreement and any documents that may be executed
under paragraph 19 herein contain the entire agreement between the parties with regard to the
settlement of this claim, and shall be binding upon and inure to the benefit of the parties hereto,
jointly and severally, and the heirs, executors, administrators, personal representatives,
successors, and assigns of each.
17.
This Release and Settlement Agreement is entered into in the State of Illinois and
be construed against a party merely because that party is or was the principal drafter.
18.
McDonald represents that it has relied upon the advice of its attorneys, who is the attorney if its
choice, and that the terms of this Release and Settlement Agreement have been interpreted,
7
completely read and explained to the Independent Administrator by its attorney, and that those
terms are fully understood and voluntarily accepted by the Estate of LaQuan McDonald.
Estate
of LaQuan McDonald also represents and warrants that no other person or entity has or has had
any interest in the claims or causes of action referred to herein, and that the independent
administrator and its attorneys have the sole right and exclusive authority to execute this Release
and Settlement Agreement and receive the sums specific herein, and that they have not sold,
assigned, transferred, conveyed, or otherwise disposed of any of the claims or causes of action
referred to herein.
19.
The parties hereto agree to cooperate fully and execute any and all supplementary
documents and to take all additional actions which are consistent with and which may be
necessary or appropriate to give full force and effect to the basic terms and intent of this Release
and Settlement Agreement.
City of Chicago
a Municipal Corporation
Stephen R. Patton
Corporation Counsel
Attorney for the City of Chicago
BY:_________________________________
Tina Hunter, as Independent Administrator
of the Estate of LaQuan McDonald, deceased,
Claimant
BY:________________________________
Thomas J. Platt
Deputy Corporation Counsel
30 North LaSalle Street Suite 900
Chicago, Illinois 60602
(312) 744-4833
Address: _____________________________
_________________________________
Date of birth: __________________________
DATE: ______________________________
BY:__________________________________
Jeffrey J. Neslund
Attorney for Claimant
Jeffrey J. Neslund Law Offices
20 N. Wacker Drive - Suite 3710
Chicago, Illinois 60606
(312) 223-1100
Attorney No. ____________
FEIN: ___________
DATE: ______________________________
BY:_________________________________
Michael Robbins
Attorney for Claimant
Law Office of Michael D. Robbins & Assoc.
20 North Wacker Drive Suite 3710
Chicago, Illinois 60606
(312) 899-8000
Attorney No. ______________
FEIN: ___________________
DATE:______________________________
BY:_____________________________________
Court appointed Guardian of the Estate of
,
a Minor beneficiary of the Estate of LaQuan McDonald
Address: _________________________________
_________________________________________
DATE: __________________________________
From:
Sent:
To:
Subject:
Collins, Adam
Wednesday, August 19, 2015 11:36 AM
Rountree, Janey;Guglielmi, Anthony
RE: Quick question
Follow Up Flag:
Flag Status:
Follow up
Completed
Ithinkthiscoversit
Thanks!
Here'sthelistofitemsthatIamincludinginthebudgetprepprettyclosetoyours.
Levelofviolence
Nationaltrendsinviolence
ACLU
Departmentracebreakdown
HomanSquare
AccesstoCounsel
HowBPDcountscrime
LaquanMcDonald
DanteServin
IPRA/PoliceBoard
__
Anthony Guglielmi
Director, Communications & News Affairs
Office of the Police Superintendent
Chicago Police Department
Phone: 312-745-6110
Cell: 312-545-3251
@AJGuglielmi | @Chicago_Police
www.chicagopolice.org
1
From: Rountree, Janey [mailto:[email protected]]
Sent: Wednesday, August 19, 2015 10:35 AM
To: Collins, Adam; Guglielmi, Anthony
Subject: Quick question
Higuys,
Sincewehaveanewchiefofstaffhere,ImupdatingthememoIwrotelastspringforForrest.Onesectionisonurgent
pressissues.WhatwouldyouputonthatlistinadditiontowhatIhavebelow?
ongoingstoriesaboutuptickinviolence
laquanmcdonald
acluagreement(doesitgofarenough)
IPRALorenzoDavis&nonconcurrentpolicies
tanningsaloncase
laquanmcdonald
homansquare,ongoingreportingbytheguardian
DanteServin(IPRA)
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Attachments:
Rountree, Janey
Thursday, August 20, 2015 5:53 PM
Rountree, Janey
Memo for the Chief of Staff_August 19.docx
Memo for the Chief of Staff_August 19.docx
Follow Up Flag:
Flag Status:
Follow up
Completed
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
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From:
Sent:
To:
Cc:
Subject:
Attachments:
DearMr.Platt,
AttachedpleasefindcorrespondenceanddocumentsfromMr.RobbinsandMr.Neslund.
Thankyou,
LauraCoronado
AssistanttoMichaelD.Robbins
MichaelD.Robbins&Associates
20NorthWackerDrive,Suite3710
Chicago,IL60606
(312)8998000
Fax:(312)7819123
[email protected]
www.lawmdr.com
Thisemailmaycontainprivilegedand/orconfidentialinformation.Ifyouarenottheintendedrecipient,pleasedonot
read,distributeorreproducethisemail.Ifyoubelievethatyouhavereceivedthisemailinerror,immediatelynotify
MichaelD.Robbins&Associatesatthephonenumberprovidedaboveanddeletethisemailfromyoursystem.
Dear Tom:
Enclosed please find the following documents:
1.
2.
A copy of the Court Order entered on August 26, 2015, which finds the settlement
to be fair and reasonable and provides for the payouts for the structured
settlements, and other disbursement pursuant to the terms of the Settlement
Agreement;
3.
A copy of the Court Order August 19, 2015 appointing Bruce Bornstein Guardian
of Minor,
4.
5.
The originals of the Release and Qualified Assignment and Release Agreement will be
hand delivered to you on Monday, August 31, 2015.
Thomas Platt
Deputy Corporation Counsel
August 26, 2015
Page Two
Please provide me with copies of the Release and Settlement Agreement and the
Qualified Assignment and Release Agreement, countersigned of the City.
Feel free to call with any questions you may have.
Sincerely,
/s/Michael D. Robbins
Michael D. Robbins
MDR:lc
Enclosures
cc:
Jeffrey J. Neslund
From:
Sent:
To:
Subject:
Roussel)
Thursday, August 27, 2015 12:00 PM
Perri; Denise C.
Fw: Meeting invite
Anthony Guglielmi
Director, Communications &News Affairs
Office of the Police Superintendent
Chicago Police Department
Phone: 312-745-6110
CelI: 312-545-3251
@AJGuglielmi ~ @Chicago_Police
www.chicagopolice.org
From:
Sent:
To:
Subject:
Attachments:
Collins, Adam
Friday, August 28, 2015 12:40 PM
Rountree, Janey;Guglielmi, Anthony
Q&A
Budget Town Hall Q&A.docx
Follow Up Flag:
Flag Status:
Follow up
Completed
Attached.Keepinmindwereallycan'texpecthimtogetintoanymoredetailthanthis,andeventhismightbe
abitmuch.TherearealotofagenciesandI'mnotsurehowwecancrameverythingintohisheadandexpect
himtoretainitall.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
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delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Attachments:
Rountree, Janey
Friday, August 28, 2015 1:04 PM
Adam Collins ([email protected]);Guglielmi, Anthony
([email protected])
Budget Town Hall QA (2)_jor edits.docx
Budget Town Hall QA (2)_jor edits.docx
Follow Up Flag:
Flag Status:
Follow up
Completed
Myredlineattached.IhighlightedsomeissueswhereIthinkwemaywanttoprephimtojustkickitimmediatelytothe
departmentheads.Also,IaddedinablurbabouttheCommission.Ifthatsnottherightplaceforit,weshouldputit
somewhereelsejustwanttomakesureheisremindedabouthisbiggestviolencepreventioneffortbeforethese
meetings.
From:
Sent:
To:
Subject:
Collins, Adam
Sunday, August 30, 2015 11:18 AM
Ewing, Clothilde;Quinn, Kelley
Finishing the budget Q&A
Follow Up Flag:
Flag Status:
Follow up
Completed
ThisiswhatIhavefortopics.Anythingmissing?
ITEMS INCLUDED:
Overallbudgetmessage
Aviation
o
CityColleges
o
Education
Familyandsupportservices
o
Health
Police
o
Transportation
o
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Attachments:
Collins, Adam
Sunday, August 30, 2015 12:46 PM
Mitchell, Eileen;Spielfogel, David;Ewing, Clothilde;Rendina, Michael;Deal, Joe;Quinn,
Kelley
Budget town hall Q&A
Budget Town Hall Q&A.docx
HappySundayeveryone!
AttachedisaQ&AdocumentIplantogettoMREat5pmtoday.ItcoversanarrayoftopicsIthinkmightcome
upatthisweek'stownhalls.IknowthesearenotexpectedtobeQ&Asessions,butthinkit'simportantfor
himtobeabletobeconversantonthesetopicsshouldtheneedarise.They'renotreallyfocusedonthe
budgetasmuchasonalltheotherthingsthatmaycomeup.
Thegoalwitheachoftheanswersistoprovidealittleinsightorvaluesstatementontheissue,thenkickitto
theappropriatecommissioner.Theycanaddressitinmoredetailasneeded,ortalktotheindividual
afterwards.
Pleaseletmeknowifyouhaveanythoughts,editsoradditions.
Thanks
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
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delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Attachments:
Platt, Thomas
Tuesday, September 01, 2015 1:42 PM
Real, Elizabeth
RE: Hunter
letters qualified assignments-09012015.pdf; mcdonald laquan release
9012015-09012015.1.pdf; mcdonald laquan release 9012015-09012015.pdf
Herearethesignedaninitialeddocs
Goodmorning,aswediscussed,pleaseseetheattached;
PremiumCheck(s)Request080715:Pleasenote,thepremiumcheckisdueinourofficebySeptember11,2015
inordertomaintainthecurrentcostandbenefits.
FCRLDCOMPTROLLERCHECKLIST(BERKSHIRE)080715:Thisisforboth
andTinasstructure
FCRLDCOMPTROLLERCHECKLIST(PACIFIC)080715
Ifyouhaveanyquestions,pleasedonothesitatetocontactus.
Thankyou.
Liz
Elizabeth Real, CSSC
Account Manager Structured Settlements
Mesirow Financial Structured Settlements (MFSS)
353 North Clark Street
Chicago, Illinois 60654
t 312.595.7058
t 877.772.4436
f 312.595.4439
e [email protected]
www.mesirowfinancial.com
This communication may contain privileged and/or confidential information. It is intended solely for the use of the addressee. If you are
not the intended recipient, you are strictly prohibited from disclosing, copying, distributing or using any of this information. If you
received this communication in error, please contact the sender immediately and destroy the material in its entirety, whether electronic
or hard copy. Confidential, proprietary or time-sensitive communications should not be transmitted via the Internet, as there can be no
assurance of actual or timely delivery, receipt and/or confidentiality. This is not an offer, or solicitation of any offer to buy or sell any
security, investment or other product.
1
)
)
1
~
No. 14 P 7092
,a
minor by her guardian ad litem, a beneficiary of the Estate of Laquan McDonald, (also
designated herein as a "Payee") and City of Chicago, by its attorney, Stephen R. Patton,
Corporation Counsel of the City of Chicago, by one of his attorneys, Thomas Platt, Deputy
Corporation Counsel, herein stipulate and agree to the following:
1.
designated herein as "Claimant") has brought a claim against City of Chicago and its employees,
Chicago Police Officer Jason Van Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective
David March, Star 20563, Sergeant Daniel Gallagher, Star 1303, Lieutenant Anthony Wojcik,
Star 481, Detective Richard Hagen, Star 20606 and other Chicago Police officers and employees
of the City of Chicago arising out of the fatal shooting of LaQuan McDonald on October 20,
2014 for which the Estate of LaQuan McDonald claims damages.
2.
The parties and their respective attorneys acknowledge that settlement of this
economy.
4.
Release and Settlement Agreement, and upon advice of counsel, the Estate of LaQuan McDonald
agrees not to file any lawsuit, claim or cause of action of any kind at any time in any jurisdiction,
including but not limited to, any claims under the Illinois Wrongful Death Act, the Illinois
Survival Act and claims under 42 U.S.0 1983 against City of Chicago, Officer Jason Van
Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective David March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutenant Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 or any of its current, future or former officers, agents and employees with
respect to the incident set forth in paragraph one of this Release and Settlement Agreement
except solely in the event that the Chicago City Council rejects the hereinafter indicated
settlement, with each party bearing its own costs and attorneys' fees. The Estate of LaQuan
McDonald agrees it will be required to execute the Release and Settlement Agreement prior to
the City's presentation of the settlement agreement to the Chicago City Council and that the
Estate of LaQuan McDonald offers to settle on these terms shall not be revoked or otherwise
repudiated unless the Chicago City Council rejects the settlement agreement. The City Council
approved the amount of the settlement on April 15, 2015.
5.
The City of Chicago and Estate of LaQuan McDonald agree that the fact or
existence and terms of this settlement agreement, including but not limited to this Release and
Settlement Agreement, shall remain confidential until the Chicago City Council approves an
ordinance authorizing this agreement. The City of Chicago and Estate of LaQuan McDonald and
its attorneys further acknowledge and agree that there is an ongoing criminal investigation by the
federal and state authorities of the incident which is the subject of this release and settlement
agreement ("incident"), and that potential evidence and materials ("materials") relating to this
investigation and potential criminal charges, were obtained by the Estate of LaQuan McDonald in
response to subpoenas issued in the matter of Estate of LaQuan McDonald, 14 P 7092, Circuit
Court of Cook County. The City of Chicago submits that release or dissemination of these
materials could interfere with and have an adverse impact on the ongoing criminal investigation
and potential charges brought with respect to this incident. Estate of LaQuan McDonald and its
attorneys therefore agree not to publicly release, disclose or disseminate the materials obtained
through subpoenas issued in 14 P 7092("materials"), until the completion ofthe pending criminal
investigations and, if criminal charges are brought, the conclusion ofsuch criminal charges by way
2
of plea agreement, trial or dismissal, unless these materials are otherwise publicly disclosed or
disclosed as required by law or court order. Estate of LaQuan McDonald and its attorneys agree
that they will not make any copies or distribute these materials to any other persons or entities and
will provide seven days written notice to the City of Chicago, its attorneys or successors prior to
any publication, dissemination of release ofthe above mentioned materials.
6.
Chicago, in the total amount of FIVE MILLION DOLLARS AND NO/100 DOLLARS
($5,000,000.00), inclusive of all costs and attorney's fees, payable as follows:
(i)
Thousand Six Hundred Sixty Seven and 00/100 Dollars ($2,386,667.00) payable to Tina
Hunter, as Independent Administrator of the Estate of LaQuan McDonald, and their
attorneys, the Law Office of Jeffrey J. Neslund and Michael D. Robbins &Associates, to
be disbursed as directed by the Circuit Court of Cook County, Illinois, Probate Division,
Case No. 14 P 7092.
(ii)
Structured
Settlement/Annuity Funding:
Nine Hundred
Sixteen
Thousand, Ninety and no/100 Dollars ($916,090.00) payable to Pacific Life &Annuity
Services, Inc. in order to fund the future periodic payments set forth below in Section
6.2(a).
(iii)
Thousand, Two Hundred Forty Three and no/100 Dollars ($897,243.00) payable to BHG
Structured Settlements, Inc. in order to fund the future periodic payments set forth below
in Section 6.2(b).
(iv)
Payee:
$500.00 per month, guaranteed 5 years, beginning on July 1, 2018.
The final guaranteed payment will be due on June 1, 2023.
$17,500.00 payable semi-annually, guaranteed 5 years, beginning on
July 1, 2018 (10 payments total). The final guaranteed payment will be
3
Payee:
$1,850.00 per month for the lifetime of
, guaranteed 37
years, beginning on July 1, 2023, increasing at 3%compounded annually.
The final guaranteed payment will be due on June 1, 2060.
$30,000.00 guaranteed lump sum, payable on March 28, 2023.
$50,000.00 guaranteed lump sum, payable on March 28, 2030.
$75,000.00 guaranteed lump sum, payable on March 28, 2040.
$125,000.00 guaranteed lump sum, payable on March 28, 2050.
$225,000.00 guaranteed lump sum, payable on March 28, 2060.
(c)
No part of the cost of the Periodic Payments may be paid directly to the Claimant or any Payee,
inasmuch as the parties negotiated for a structured settlement and the Periodic Payments. All
sums set forth herein constitute damages on account of personal physical injuries or sickness,
within the meaning of Section 104(a)(2)ofthe Internal Revenue Code of 1986, as amended.
7.
cannot be accelerated, deferred, increased or decreased by the Claimant or any Payee; nor shall
the Claimant or any Payee have the power to sell, mortgage, encumber, or anticipate the Periodic
Payments, or any part thereof, by assignment or otherwise.
The Claimant acknowledges and agrees that neither the periodic payments nor any rights
thereto or interest therein (collectively,"Payment Rights") can be:
(a)
(b)
encumbered, either directly or indirectly, by the Claimant and Payees unless such sale,
assignment, pledge, hypothecation or other transfer or encumbrance (any such transaction being
hereinafter referred to as a "Transfer") has been approved in advance in a "qualified order" as
outlined in Section 5891(b)(2) of the Internal Revenue Code of 1986, as amended (a "Qualified
Order"), and approved by the Circuit Court, County of Cook, State of Illinois, Probate
Division, and otherwise complies with applicable state law, including without limitation any and
all applicable state structured settlement protection statues. Any such "qualified order" must be
sought in the original jurisdiction of the settlement and meet all the standards of necessity and
approved by the court in said jurisdiction.
(c)
Claimant and Payees shall not have the power to affect a Transfer of Payment
Rights except as provided in subparagraph (b) above, and any other purported Transfer of
Payment Rights shall be wholly void.
8.1
Any remaining guaranteed periodic payments to be made after the death of any
Payee pursuant to the terms of this Release and Settlement Agreement shall be made to such
person or entity as shall be designated in writing by any Payee (once reaching the age of majority),
to the City of Chicago or the City of Chicago's Assignee. If no person or entity is so designated
by any Payee, or if the person designated is not living at the time of the Payees' death, such
payments shall be made to the estate ofthe Payee(s).
8.2
writing and delivered to the City of Chicago or the City of Chicago's Assignee.
The
designation must be in a form acceptable to the City of Chicago or the City of Chicago's
Assignee before such payments are made, but in no event shall the request of any Payee be
unreasonably withheld or denied.
9.1
Claimant acknowledges and agrees that the City of Chicago shall make a
"qualified assignment," within the meaning of Section 130 (c) of the Internal Revenue Code of
1986, as amended, of the City of Chicago's liability to make the Periodic Payments set forth in:
Section 6.2(a) to Pacific Life &Annuity Services, Inc.;
Section 6.2(b) to BHG Structured Settlements, Inc.;
Section 6.2(c) to BHG Structured Settlements, Inc.;
The Assignee's obligation for payment of the Periodic Payments shall be no greater than
that of the City of Chicago (whether by judgment or agreement) immediately preceding the
5
Any such assignment, if made, shall be accepted by the Claimant without right of
rejection and shall completely release and discharge the City of Chicago from the Periodic
Payments obligation assigned to the Assignees. The Claimant recognizes that, in the event of
such an assignment, the Assignees shall be the sole obligor with respect to the Periodic Payments
obligation, and that all other releases with respect to the Periodic Payments obligation that
pertain to the liability of the City of Chicago shall thereupon become final, irrevocable and
absolute.
10.
The City of Chicago, itself or through its Assignees, reserves the right to fund the
The obligation of the City of Chicago and/or the Assignees to make each Periodic
Payment shall be discharged upon the mailing of a valid check or "electronic funds transfer"
(EFT) in the amount of such payment to the designated address of the Payee named in Section
6.2 of this Release and Settlement Agreement.
12.
The City's obligation pursuant to this Release and Settlement Agreement are
conditioned upon approval of the Release and Settlement Agreement by the Chicago City
Council. The City will not be obligated to perform its obligations pursuant to this Release and
settlement Agreement until the following events occur: (1) the City receives a copy of this
Release and Settlement agreement executed by the Estate of LaQuan McDonald and its attorney;
(2) the Chicago City Council enacts an ordinance authorizing settlement and payment of the
funds agreed upon in this Release and Settlement Agreement. The Chicago City Council enacted
an ordinance on April 15, 2015 approving the total amount ofthe settlement.
13.
The City agrees to pay Claimant the total settlement amount as specified in
paragraph 6 herein within thirty (30) days of receipt by the Corporation Counsel's Office of a
D
fully executed settlement agreement, an ordinance of the City Council authorizing the settlement
as described in paragraph 6, and any necessary court-entered order in the Circuit Court of Cook
County for the disposition of funds, whichever is received latest. The sums shall be payable
solely by the City of Chicago, and Estate of LaQuan McDonald and its attorneys agree that they
will not seek payment from any source other than the City of Chicago. The settlement checks
will be make payable as set forth in paragraph 6. Each party hereto shall bear its own
attorney's fees and costs in connection with this Release and Settlement Agreement, the matters
and documents referred to herein, and all related matters.
14.
Agreement, and upon advice of counsel, Estate of LaQuan McDonald agrees to indemnify and
hold harmless the City of Chicago, and its future, current, or former officers, agents and
employees including, but not limited to, Officer Jason Van Dyke, Star 9465, Officer Joseph
Walsh, Star 12865, Detective David March, Star 20563, Sergeant Daniel Gallagher, Star 1303,
Lieutenant Anthony Wojcik, Star 481, Detective Richard Hagen, Star 20606 from any claims,
losses, damages or expenses, including attorneys' fees and costs, incurred, or which may be
incurred, by reason of any lien or any other claim or interest held by any person, entity or
corporation against any moneys received or to be received by Estate of LaQuan McDonald under
this settlement entered pursuant to this Release and Settlement Agreement.
15.
Estate of LaQuan McDonald, upon advice of counsel, understands and agrees that
in consideration of the settlement entered pursuant to this Release and Settlement Agreement,
Estate of LaQuan McDonald does hereby release and forever discharge on behalf of himself and
his heirs, executors, administrators and assigns, all claims he had or has against Officer Jason
Van Dyke, Star 9465, Officer Joseph Walsh, Star 12865, Detective David March, Star 20563,
Sergeant Daniel Gallagher, Star 1303, Lieutenant Anthony Wojcik, Star 481, Detective Richard
Hagen, Star 20606 and the City of Chicago, and its future, current or former officers, and agents
and employees, including but not limited to all claims he had, has, or may have in the future,
under local, state or federal law, arising either directly or indirectly out of the incident which was
the basis of this claim and any potential litigation, and that such release and discharge also is
applicable to any and all unnamed agents, employees, officers or persons affiliated with the City
of Chicago.
16.
This Release and Settlement Agreement and any documents that may be executed
under paragraph 19 herein contain the entire agreement between the parties with regard to the
7
settlement of this claim, and shall be binding upon and inure to the benefit of the parties hereto,
jointly and severally, and the heirs, executors, administrators, personal representatives,
successors, and assigns of each.
17.
This Release and Settlement Agreement is entered into in the State of Illinois and
shall be construed and interpreted in accordance with its laws. Terms contained herein shall not
be construed against a party merely because that party is or was the principal drafter.
18.
McDonald represents that it has relied upon the advice of its attorneys, who is the attorney if its
choice, and that the terms of this Release and Settlement Agreement have been interpreted,
completely read and explained to the Independent Adninistrator by its attorney, and that those
terms are fully understood and voluntarily accepted by the Estate of LaQuan McDonald. Estate
of LaQuan McDonald also represents and warrants that no other person or entity has or has had
any interest in the claims or causes of action referred to herein, and that the independent
administrator and its attorneys have the sole right and exclusive authority to execute this Release
and Settlement Agreement and receive the sums specific herein, and that they have not sold,
assigned, transferred, conveyed, or otherwise disposed of any of the claims or causes of action
referred to herein.
19.
The parties hereto agree to cooperate fully and execute any and all supplementary
documents and to take all additional actions which are consistent with and which may be
necessary or appropriate to give full force and effect to the basic terms and intent of this Release
and Settlement Agreement.
B~~~
City of Chicago
a Municipal Corporation
Stephen R. Patton
Corporation Counsel
Attorney for the City of Chicago
~~~,
BY:
Thomas J. Platt
Deputy Corporation Counsel
30 North LaSalle Street Suite 900
Chicago, Illinois 60602
(312)744-4833
~ /d6 ~
Attorney No.
02U/S
DATE:
~.'h,'cago, ~~ ~0~~3
Date of birth: l~ "~(~~
~~
BY
Jeff
Attc
Jeffrey J. Neslund Law Offices
20 N. Wacker Drive -Suite 3710
Chicago, Illinois 60606
(312)223-1100
Attorney No.
~ ~~
BY:
Michael Robbins
Attorney for Claimant
Law Office of Michael D. Robbins &Assoc.
20 North Wacker Drive Suite 3710
Chicago, Illinois 60606
(312)899-8000
Attorney No.
~`~_
DATE:
BY: ~I~~W~.~Id
Guardian ofthe Estate of
, A Minor
Address: 2
'~ ~ ~ ~tS~ ~~ ~ ?,3~~
C~~C~Ibb sG 6QboI
DATE:
~'2.6~%S
G]
t>r'(IC'
:~~1~)(t(lTlii~ ~~uardiai~
~~f' ~~ii~~or
15 P 4746
1linor
ORUC?k :1PPOI\'I'I\(: Gl',~RUi.~ti OI~ ~t(tiOIt
Ox~ the ~~ciificcl ~~etition ~f~_BRUCE B~RNSTEIN
s~p~~nintnlcnt o1' n ;;uarcti.~n, duc notice having hero
_._._. f'~~r
given
~.
BRUCE BORNSTEIN
,},,.
ESTATE
~
letifxtci
Q 125h
-----------(prrsunl
Q a22i
approved
(appr114cd J6I I)
1aivi,d ~36z~)
~~5. 7'i~e ;;uxrdi~n of the estate sh:Il deposit the minor'. }'i~n~ts in an account in tlae us~mc ~f tl~c niiu~~r, subject t+~
itt~dra~v-;~1 ~~nl~~ cn ~~rder of court nr upnn the att~inrnent of'maj~rit~, in an institution qualified to erci~ c ttie dep~sit.
2015
d
~1'hc guardian shall file a report ~f receipts acl cli~l~ursements, ro~;ether with vouchi~rs, nn
~t 10 a.m.
.~~1.!anon appr~~val of the rep~~rt, the ~;uArdi~n ~~nd surc:t~ shstl be ~lischs~r~ect
in Rootu _~ 810s__
r~z~ua ~az~i~
,end the c~~:ite closed.
~
--
~U~'I~10':~i
.J,...
:~ ,, .~ s
^..r~USy f:~.~~:.
estate of
I'atic
BRUCE BOIZN~'1'E1~1
200U
ancf is autborizec! tahave undc>r the directir~rti ai'th~ court the care, m:~i~.~g~nzent and investment of the minor's
an~i to d~ .ill Picts rc~quirGd by lR~v.
estrite
~.ti
Doratt~y Brawn
Cicrlcc~i'tt~c t'ircuitCaurt
CEI2TIF'tCATE
1 crrtif} that this is n copy ui'the letters of offitc npw in Yo~ce iii this est:~ie.
Dl3
_.~ M __..
coMPANY o~ N~eRAsrc~
~~~ffecti~re Date":
""P~'yee(S)": ,A,~ sk~ar~m :Ln X~Idendum No. 1, De,sCxi~ta:on off_ ~er~.od;Lc Payments
~~ge ~ d~~
Rage ~ of ~
entering into this Agr~emen#, each Clalmantsecured Party warrants, repr~s~nts and
agrees that Claim~nt~eCu~Od Party is solely
Assign-Qebtor 8h~ll
Page 4 of 6
~n t't~e ew+~rrt o~ ~.r1y cor~tTict beMreen this ~Agreement~nd the ~ettlennent Agreer~li~rrt ~nrith respect to
the F'erRoda Paym~rrts or the ~ssignrr~ent made herein, the tentts and canditpon~ of #his
~gifeemprrt shall prevail;
This Qu~ali~ad Assignmentand I~ele~se A~reerx~n~k n'ay b~ signed in one or more courrterparts,
Assignoa~_ ~i~y t7f ChiC,d~O
~y:
~~aiman~t{s) or Pay~e(s)t
, A Minor
ved as to Fo
.. Y
and Content
'~J'
SS-2000(1212013)(SJ
Page 5 of6
Addendum Na. 1
De~~raption of Periodic Payments
Payee:
T~ri~n~ Hinter
INITIALS
Assignor:
(~Q
~I ~
Assignee-Debtolr.
Cla~r~n~~.S~~Cured Part~r or Payee:
AttOrn~y for Clai~'Inant:
552UOD(12J2013)[S~
Page 6 of 6
"~Iafmantn5ecured F'~rty":
"Assignor(S)":
City of Chicago
"Assignee-Dabtnr":
"Annuity issuer":
R~cifi~ I~il~
Assignee-Dabtor heteby assumes all of Assignor's liability t4 make the Periddi~ Payments.
Assignee-L7ebtor assumes no liabtlfty to mike any other payment. Cl2~im~nt-~eGured Party hereby
accepks end cartsents to the ~ssi~nment by Assignor and the assume#ion by Assignee-Qebtar of the
liablllty to mike the Perit~dic Payments, end upon the Effective Date Claimant-Secured Party reie~ses
As$ignor from all liability to make the Periodic ~'ayments.
?. The Periodic Payments constitute damages an account of perst~n~l inaury or sickness in a r,~se
involving physical fnJury pr physical si~knes5 within the me~nir~g of Sections 9d4(a)(1) pr 1040)(.2)
anct 130(G) of the Code.
Pacific Life refers tc~ Pacific Life Insurance Company and its affiliates, including Paoific Life R Annuity Company. Insurance
products ire issued by Paelflo Life Insurance Company in atl states excopt Now Yerk and in tJew Yvrk by F'acfic Life &
Annuity Company, Product availability and features may vary by state. ~aoh company is solely resp~nsieie for the Flnancl~i
abNgatinna accruing undor the products ft issues, Inaur~nce product and rider guarantees are backed by the financial strength
antl cl~lms-peying ability ref the issuing company.
PL. QAR&P
v2012
PL QARB~P
V20'i2
1 i. 'This Algr+eement sh~fl be binding upon the respective repreSentS~tives, hQir~, successors
2nd assigns of the
~aarties heroto and upon any person or entity that may assert any right hereurdor or tv any of the
Petfodic
P'aymests.
12. Assignee-Debtbt' hereby pledges antl granCs tc~ Cl~irnantSeGufed Party a lien on and security in~e~sS all of
In
A&sfgnee-debtors right, title, and intePe9t in the Annuity and all payments therefrom in ordor to Secure the
obligation ofthe Assignoe-pebtor to make the Periodio Payments. Assignee-bebtor and Claimant
-Secured Pally
sh&II notify Annuity issuer ofthe Iles created under this Agreement, and Assignee-t~ebtor shall deliver the
~nnufty to Claimant-S~ou~d P~Ry upon execution of this Agreamert and receipt by Assignee-Debtor of the
Annuity Cram Annuity Issuer.
7 3. Asslgnee~Debtor shall have alI rights of owner~hlp antl control in the AnnuiSy, including She right ro receive
and
retain all benefits under the Annuity, which are not inconsistent with the security intcrost granted under
paragraph 12, and Claimant-Secured Party shall have no right to anticipate, sell, assign, pledge, encumber, br
otheruvlsa exercise eny right with respect to the Anttuity, so long as Assignee-fJebtor has not failed due to
insolvency ar bankruptoy to make any of the P~riodlc Payments. If a ~ailuro Qoours and is continuing,
C;laimen#-Secured Party shall have a1) of the rights and rem~dfes of8 secured party under the {aw then In eff~Gt
lid t}le StAte of I Inois,
14, any Annuity wNl bear the following legend:
,.Nd'CIC~"
"This annuity cnnttact has boon delivered to the possession of
for the soli
purpose of perfecting a Ilen and security interest of such person fn this oantract. 7'he above named
Is not the owner of, and has np awnet'ship rights in, this contrack and may nat anticipate, se11,
assign, pledge, encumber or otherwise use this contraG as any iorrn of coflat~ral, wlease contact
the issuer For further (ntam'tdtion."
15, In en#ering into #hip Agreement, Claimant-Securod Par#y represer~ that he or she has reli~tl on the advlcQ of hla
or her attorneys, who are the altameys of his or her choice, concerning the 1e9a1 and income tax aonsequan~es
of the Agreerr~ent; that the 1~erm~ of the Agreement have been completely read by and explained Yo
filair~ant~~oured F~arty; and that the terrns oP this AgreQment are fully understood and voruntarily accepted by
Claimant-Secured Par#y, As~}gnee-Debtor makes no represents#ions with respect to the tax oonsequenc.~s of
this Agreement or the adequacy of the secuMiy internst created Hereby.
16. Any notice to a party hereunder eh~ll be in vvriting and shat) be deemed to have been given when mailed to the
party's address of Bcord.
17. {fit, financing staternenR in re&pact of the security interest granted het+e}n shill ~e filed in any nonjudicial off{oe of
any federal, state, ar lo~al,govemmental authority,
PL QAR&P
v20'12
Assig
r: City of GhicB~a
~Y=
AutRo ~
Represen ativr~
Tftle;
By.
By;
Authorised Repr~sentativ~
Title: --.....
----._.
claimant:
y:
Authorized RepresentaS~~e
Title
, A Minor
M.
C1al ant's Attorney
pL QAR&P
v2U12
Addendum Na. 1
~escriptiar~ of perodic payments
PayeC:
TAx~iAgA k~plitcr
C3enefit(S):
1. Pcr~od Certnf~ A,nneity - $17,500,00 payable seen#-~nnunily,
$uarunteed for 5 yea~(s) which is l0
payments, beginning on 07/01/2018, With tha lAsi gust'anteed
pAgment on 0i/0 ~/2023.
2. R'CMiod CEN'Gtiin A,AIAIAAty - $500.00 payable monthly, guaranteed
for 5 years) which is 60 paymcats,
beginning on 07/b)./2018, with the l~,gt gua~raitteed pnyrnem ors 06/01/2
023.
3. Life Certain ,A,nnuity W Indexed - $1.,678.751'or life, pvyable
monthly, guaranteed for 37 yCar(s) wflic)n
is 44~ paym;ents, beginning on 07'I01/2023, with the last gu2~rantsed
p~j+ment ott 06/Ol/2.OG0. 7'he
A,~nuity Payment Amount may he sabject to az annual i~or~ase every
07!(l l beginning in ore yet~r a1~mr
the first paytnont and with ba baged on the 1ess~r ofthe index .Retur:~ during
the applicable Izdcx Toren
(first Index ~'cYm is Q5/I5/2023 to 05/15/2024) Red the oRp of
5"Jo, Ifthe lrrd~ Return during the
applicable tadex Term is negative, theta will be no increAsc in the
A,nhuity Pstytr~~tt Amoutrt.
Initials
Clpirr~ant-Secured Parry:
I 1 ~ U"
~ssignor(s):
ASsi~nee-Debtor:
Asslgnce-i~ebCor..
PL QAR&P
X2012
"Settlement Agreement":
i,
ii.
compensation
under
compensation act,
workers'
SS-1000 (12/2013)[S]
Page 1 of 6
ii.
i.
Page 2 of 6
i.
ii.
ii.
Page 3 of 6
SS-1000 (12/2013)[S]
Page 4 of 6
In the event of any conflict befinreen this Agreement and the Settlement Agreement with respect to
the Periodic Payments or the assignment made herein, the terms and conditions of this
Agreement shall prevail.
This Qualified Assignment and Release Agreement may be signed in one or more counterparts.
By: J
Title:
y,
~~,~/y~/~
Assignee:
BHG Structured Settlements, Inc.
By:
Authorized Representative
Title:
Claimants) or Payee(s):
By:
Tina Hunter
Attorney for CI
Ap~ro
a
(s):
nd Content
By:
SS-1000(12/2013)[S]
Page 5 of 6
Addendum No. 1
Description of Periodic Payments
Payee:
Tina Hunter
$2,821.00 per month for the lifetime of Tina Hunter, guaranteed 20 years, beginning on
October 25, 2015, The final guaranteed payment will be due on September 25, 2035.
$30,000.00 guaranteed lump sum, payable on June 24, 2032.
INITIALS
Assignor:
Assignee:
Claimant or Payee:
Attorney for Claimant:
SS-1000(12/2013)[S]
Page 6 of 6
)
Case No: 14 P 7092
Deceased
)
C~'~
This matter coming to be heard on the Amended Petition to Approve Settlement, the
Minor's Settlement, Qualified Structured Annuity, and the Attorney's Fees, and the Court being
advised in the premises:
THE COURT FINDS:
1.
Page 1 of4
Payee:
Assignee:
Annuity Issuer:
Payee:
Assignee:
Annuity Issuer:
Page 2 of4
6.
That the legal fees of Law Offices of Michael D. Robbins and Jeffrey J. Neslund
in the amount of40% of Tina Hunter's portion, in the amount of$900,000.00, is approved.
7.
As to Tina Hunter, $800,000.00 will be used to acquire a qualified structured
annuity for the sole benefit of Tina Hunter and the following future Periodic Payments will be
made payable as indicated below, said payments to be provided through a qualified assignment
to the Assignees, within the meaning of Section 130(c) of the Internal Revenue Code of 1986, as
amended, and the issuance of annuity policies from the Annuity Issuers, all as more fully
described and in accordance with the terms and conditions of the Release and Settlement
Agreement, which has been approved by the Court:
Payee:
Assignee:
Annuity Issuer:
Tina Hunter
BHG Structured Settlements, Inc.
Berkshire Hathaway Life Insurance Company of Nebraska
$2,821.00 per month for the lifetime of Tina Hunter, guaranteed 20 years, beginning on
October 25,2015. The final guaranteed payment will be due on September 25, 2035.
$30,000.00 guaranteed lump sum, payable on June 24, 2032.
8.
That the legal fees and costs of the Law Office of Edward Y. Lau shall be borne
by and paid by the Law Offices of Michael D. Robbins and Jeffrey J. Neslund.
9.
That all costs of the administration of this decedent's estate, case number 14 P
7092, shall be borne by and paid by the Law Offices of Michael D. Robbins and Jeffrey. J.
Neslund.
10.
A.
Two Million Three Hundred Eighty Six Thousand Six Hundred Sixty
Seven and 00/100 Dollars ($2,386,667.00) payable to Tina Hunter, asIndependent Administrator
of the Estate of LaQuan McDonald, and their attorneys, the Law Office of Jeffrey J. Neslund and
Michael D. Robbins &Associates;
B.
Nine Hundred Sixteen Thousand, Ninety and no/100 Dollars
($916,090.00) payable to Pacific Life &Annuity Services, Inc. in order to fund the future
;
periodic payments as set forth above for
C.
Eight Hundred Ninety Seven Thousand, Two Hundred Forty Three and
no/100 Dollars ($897,243.00) payable to BHG Structured Settlements, Inc. in order to fund the
; and
future periodic payments as set forth above for
Page 3 of4
D.
Eight Hundred Thousand and no/100 Dollars ($800,000.00) payable to
BHG Structured Settlements, Inc. in order to fund the future periodic payments set forth above
for Tina Hunter.
ENTERED:
Judge
~UG 2 ~ 201a
Assoc. Jad'~~Sus~~ ~,,Isman 1 T47
Page 4 of4
Judge's no.
From:
Sent:
To:
Cc:
Subject:
Quinn, Kelley
Friday, September 04, 2015 6:48 PM
Spielfogel, David
Rountree, Janey;Mitchell, Eileen;Collins, Adam;Patton, Stephen
Re: Confidential - police issue
Follow Up Flag:
Flag Status:
Follow up
Completed
Agree.Thanksfortheheadsup.
OnSep4,2015,at6:11PM,Spielfogel,David<[email protected]>wrote:
Assumingtheseareallthefacts,Iagreewestaywithourplan.
Dearall,
NextFriday,Sept.11,thelawdepartmenthasastatushearingintheFOIAcaserelatedtotheshooting
ofLaquanMcDonald(17yearoldwithaknife/officerunderfederalinvestigation).Plaintiffshavesued
thecitytotrytoforceustoreleasethevideo.WehavenotreleasedthevideobecausetheUS
Attorneysofficeconvenedafederalgrandjuryandtheshootingisundercriminalinvestigation.Thelast
timewediscussedthisissue,weallagreedthattheCitywouldproactivelyreleasethisvideo,alongwith
theresultsoftheIPRAinvestigation,assoonasthegrandjuryisfinished.Ifthatisstilltheplan,Iwould
liketogivethelawdepartmentthegreenlighttosaythatinthestatushearingnextFriday.Clearly
statingthatwewillreleasethevideocouldhelpmootthelitigation.Ithinkwehavethereleasethe
video,andseemsbettertogetthisallofthewayatthemomentweexpectanindictment.Evenifthe
grandjurydoesnothanddowntheindictment,wewillprobablybeforcedtoreleasethevideobythe
courtatthatpointanyway.IncludingStevehereforanyadditionalcounsel.
AdamandKelleyalsowantedyoutobegenerallyawarethatthiscomingsincethepressmaycoverthe
statushearingnextFriday.
Janey
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named
herein and may contain legally privileged and/or confidential information. If you are not the
intended recipient of this e-mail (or the person responsible for delivering this document to the
intended recipient), you are hereby notified that any dissemination, distribution, printing or
copying of this e-mail, and any attachment thereto, is strictly prohibited. If you have received
1
this e-mail in error, please respond to the individual sending the message, and permanently delete
the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Dunn, James
Wednesday, September 09, 2015 10:15 AM
McGregor, Lorraine;Platt, Thomas;Fuentes, Angelina;Harrison, Gwendolyn
RE: LaQuan McDonald
Pleasedonotcallthecomptroller.
Isentthepaperworkforward.IwillcheckwiththeComptrollersOfficetofindoutiftheywillhavethefundstopaythe
checkson9/11.
Isscheduledforpayment(4checkstotaling$5million)onSept.11.Isthisconfirmedwithcomptroller?
ThomasJ.Platt
DeputyCorporationCounsel
FederalCivilRightsDivision
30N.LaSalleStreet,Suite900
Chicago,Illinois60602
3127444833
Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmaycontain
legallyprivilegedand/orconfidentialinformation.Ifyouarenottheintendedrecipientofthisemail(ortheperson
responsiblefordeliveringthisdocumenttotheintendedrecipient),youareherebynotifiedthatanydissemination,
distribution,printingorcopyingofthisemail,andanyattachmentthereto,isstrictlyprohibited.Ifyouhavereceived
thisemailinerror,pleaserespondtotheindividualsendingthemessage,andpermanentlydeletetheoriginalandany
copyofanyemailandprintoutthereof.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
the person responsible for delivering this document to the intended recipient), you are hereby notified that any
dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited.
If you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Cc:
Subject:
Goodafternoon,
Iamwritingtoconfirmthatwereceivedthefollowingpremiumchecks,whichfundstheagreeduponperiodicpayments
forTinaHunterand
.
1. $800,000.00toBHGStructuredSettlements,Inc.forTinaHunter;
2. $897,243.00toBHGStructuredSettlements,Inc.for
3. $916,090.00toPacificLife&AnnuityServices,Inc.for
The final documents for the Hunters structured settlement have been submitted to Berkshire Hathaway Life Insurance
CompanyofNebraksaandPacificLifeInsuranceCompanyforapprovalandexecutionbytheAssignees.Oncewereceive
copies of the annuity policies and fully executed qualified assignments, we will email copies to you for your respective
files.Copieswillalsobeforwardedtotheplaintiffsstructuredsettlementrepresentativefordeliverytotheplaintiffsand
theirattorney.
Inthemeantime,ifyouhaveanyquestions,pleasedonothesitatetocontactme.
Thankyouverymuchforyourcooperation.
Liz
ElizabethReal,CSSC
AccountManager
MesirowFinancial
353NorthClarkStreet
Chicago,Illinois60654
t877.772.4436
f312.595.4440
[email protected]
www.mesirowfinancial.com
Thiscommunicationmaycontainprivilegedand/orconfidentialinformation.Itisintendedsolelyfortheuseoftheaddressee.Ifyou
arenottheintendedrecipient,youarestrictlyprohibitedfromdisclosing,copying,distributingorusinganyofthisinformation.Ifyou
receivedthiscommunicationinerror,pleasecontactthesenderimmediatelyanddestroythematerialinitsentirety,whether
electronicorhardcopy.Confidential,proprietaryortimesensitivecommunicationsshouldnotbetransmittedviatheInternet,as
therecanbenoassuranceofactualortimelydelivery,receiptand/orconfidentiality.Thisisnotanoffer,orsolicitationofanyofferto
buyorsellanysecurity,investmentorotherproduct.
sender immediately and destroy the material in its entirety, whether electronic or hard copy. Confidential,
proprietary or time-sensitive communications should not be transmitted via the Internet, as there can be no
assurance of actual or timely delivery, receipt and/or confidentiality. This is not an offer, or solicitation of any
offer to buy or sell any security, investment or other product.
From:
Sent:
To:
Subject:
Price
Friday, September 11, 2015 5:32 PM
Roussell; James M.; Guglielmi; Anthony
Fwd: Brandon Smith v. CPD FOIA lawsuit -preservation request
Communication)
(Attorney-Client
FYI
Ralph Price
Begin forwarded message:
From: "Peters, Lynda" <Lynda.Peters@cityofchica~o.or~>
Date: September 11, 2015 at 5:17:24 PM CDT
To:"Wade, Landon J." <Landon.Wade@chica~opolice.or~>,"Bazarek, William"
<William.Bazarek@chica~opolice.or~>,"Rasmas, Chloe" <Chloe.Rasmas@citvofchica~o.org>,
"Muellenbach, Eric" <Eric.Muellenbach(c~iprachica~o.or~>, "Platt, Thomas"
<[email protected]~>
Cc: "Ritter, Amber <Amber.Ritter@citYofchica~o.or~>, "Rocks, Pat" <[email protected]>,
This e-mail, and any attachments thereto, is intended only for use by the addressees) named
herein and may contain legally privileged and/or confidential information. If you are not the
intended recipient ofthis e-mail(or the person responsible for delivering this document to the
intended recipient), you are hereby notified that any dissemination, distribution, printing or
copying ofthis e-mail, and any attachment thereto, is strictly prohibited. If you have received
this e-mail in error, please respond to the individual sending the message, and permanently delete
the original and any copy of any e-mail and printout thereof.
From:
Sent:
To:
Subject:
Attachments:
Rountree, Janey
Monday, September 28, 2015 11:10 AM
Adam Collins ([email protected])
July and August strategies v3.doc
July and August strategies v3.doc
Follow Up Flag:
Flag Status:
Follow up
Completed
Illworkonupdatingthis,ifthatmakessense.
From:
Sent:
To:
Subject:
Attachments:
Holden, John
Tuesday, October 06, 2015 9:38 AM
Notz, Jane
Budget Q&A
Budget 2016 QA Draft 1.doc
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
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From:
Sent:
To:
Henry, Vance
Sunday, October 11, 2015 5:15 PM
Bennett, Kenneth;Rountree, Janey
Follow Up Flag:
Flag Status:
Follow up
Completed
HeyTeam,
Overtheweekend,Iwasinformedbysomeofourfriendsandalliesthatstreetchatterandorganizinghasincreased
considerablyaroundthependingoutcomesoftheDet.DanteServineandLaquanMcDonaldcases,respectively.
Thatsaid,andgiventhenationalclimatearoundpolicemisconduct,andmorespecifically,recenttensionsatthelast
CPDBoardmtg.'s,I'drespectfullyrecommendwemeetinternallyanddiscussproactivecommunityengagementsteps,
topreventanycommunitydisorder.
Asyouraware,giventheclimate,we'dbesmarttoacttimelyandstrategically,inadvanceofanyfurtherpublic
decisions,intherespectivecases.
IthinkitwouldbehelpfultoincludeLaurieLightfoot,asBoardChairofCPDandalsoRet.Supt.Hillardbecauseofhis
streetcreditabilityandhissubjectmatterexpertise.
Plsletmeknowyourthoughts.
Respectfully,
________________________________
Thisemail,andanyattachmentsthereto,isintendedonlyforusebytheaddressee(s)namedhereinandmaycontain
legallyprivilegedand/orconfidentialinformation.Ifyouarenottheintendedrecipientofthisemail(ortheperson
responsiblefordeliveringthisdocumenttotheintendedrecipient),youareherebynotifiedthatanydissemination,
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Subject:
Location:
Start:
End:
Show Time As:
Recurrence:
(none)
Meeting Status:
Organizer:
Required Attendees:
Collier, Laurie
Bennett, Kenneth ([email protected]); Henry, Vance; Rountree, Janey
InformationprovidedbyVanceHenry
DanteServin
LaquanMcDonaldcamerafootage
incidentthattookplaceonKingDr.camerafootage
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or
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From:
Sent:
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Cc:
Subject:
Attachments:
Platt, Thomas
Tuesday, October 13, 2015 5:43 PM
Nikoleta Lamprinakos
McGregor, Lorraine
RE: Hale v. City of Chicago/Release and Settlement Agreement
COMPTROLLER LETTER REQUEST FORM (2).doc
PleasefilloutthecomptrollerrequestformforLorraineandshewillpreparetheletter.Thecheckisissued60daysfrom
thedateofdismissal.
Mr.Platt,
Attachedpleasefindthestipulationtodismissandthedismissalorder.Pleaseletmeknowwhenthesettlementcheck
hasbeenissued.
Thanks
Niki
NikoletaLamprinakos
Attorney
RobbinsSchwartz
55W.MonroeSt.,Suite800
Chicago,Illinois606035144
p:312.332.7760f:312.332.7768
[email protected]
Thismessageisconfidential.Thismessagemayalsobeprivilegedorprotectedbyworkproductimmunityorotherlawsandregulations.Ifyouhavereceiveditby
mistake,pleaseresendthiscommunicationtothesenderanddeleteitfromyoursystemwithoutcopyingitordisclosingitscontentstoanyone.
From:Platt,Thomas[mailto:[email protected]]
Sent:Tuesday,September29,201512:39PM
To:NikoletaLamprinakos<[email protected]>
Subject:RE:Halev.CityofChicago/ReleaseandSettlementAgreement
Thankyouforcollectingthedocsfromprotorder.Youmayshredthematyouroffice.Astothesettlementagreement,
onceyougivemeareleasesignedbyyou(theattacheddoesnothaveStevessignature)andyouprovideastipand
dismissalorder,wewillorderthecomptrollerletter.Paymentis60daysfromthedateofthecasedismissalorder.
Mr.Platt,
Attachedpleasefindtheexecutedreleaseandsettlementagreement.Approximatelyhowlongwillittaketogetthe
settlementdraft.
PlaintiffscounselhasalsoreturnedallthedocumentsthatwerecoveredundertheProtectiveOrdertoour
office.Wouldyoulikeourofficetoshredsaiddocumentsorwouldyoupreferthatwereturnthemtoyou?Pleaselet
meknow.
Thanks
Niki
NikoletaLamprinakos
Attorney
RobbinsSchwartz
55W.MonroeSt.,Suite800
Chicago,Illinois606035144
p:312.332.7760f:312.332.7768
[email protected]
Thismessageisconfidential.Thismessagemayalsobeprivilegedorprotectedbyworkproductimmunityorotherlawsandregulations.Ifyouhavereceiveditby
mistake,pleaseresendthiscommunicationtothesenderanddeleteitfromyoursystemwithoutcopyingitordisclosingitscontentstoanyone.
From:Platt,Thomas[mailto:[email protected]]
Sent:Thursday,September10,20152:08PM
To:NikoletaLamprinakos<[email protected]>
Subject:RE:Halev.CityofChicago/ReleaseandSettlementAgreement
Pleaseomitpar.13oftherelease.Thatisnotoneofourstandardparagraphs.Samematerialiscoveredinpar.8.
Mr.Platt,
AttachedpleasefindourproposedsettlementagreementinreferencetotheHalematter.
Pleasereviewandletmeknowifyouhaveanycomments,correctionsoradditions.
Thanks.
Niki
NikoletaLamprinakos
Attorney
RobbinsSchwartz
55W.MonroeSt.,Suite800
Chicago,Illinois606035144
p:312.332.7760f:312.332.7768
[email protected]
Thismessageisconfidential.Thismessagemayalsobeprivilegedorprotectedbyworkproductimmunityorotherlawsandregulations.Ifyouhavereceiveditby
mistake,pleaseresendthiscommunicationtothesenderanddeleteitfromyoursystemwithoutcopyingitordisclosingitscontentstoanyone.
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delete the original and any copy of any e-mail and printout thereof.
Verdicts/Judgments
_____ Court-entered judgments/verdicts
_____ Interest added (effective date of
interest _____________________)
Where are depositions located in Shared
Drive?____________________________
From:
Sent:
To:
Cc:
Subject:
Ewing, Clothilde
Tuesday, October 20, 2015 8:47 AM
Collins, Adam
Quinn, Kelley
Fw: (NEWS) SUN TIMES: Mitchell: Mistrust of cops hurts communities
Follow Up Flag:
Flag Status:
Follow up
Completed
SorryifImissedit,butdidyoucirculatethefetalnarrativeyesterday?
SentfrommyBlackBerry10smartphoneontheVerizonWireless4GLTEnetwork.
From: NewsClips <[email protected]>
Sent: Tuesday, October 20, 2015 8:23 AM
Subject: (NEWS) SUN TIMES: Mitchell: Mistrust of cops hurts communities
Mitchell:Mistrustofcopshurtscommunities
SUNTIMES//MaryMitchell//October19,2015
Imthefirsttoarguethataroguecopshouldbetakenoffthestreetjustasquick,ifnotquicker,than
criminals.
Afterall,policeofficersareheldtoahigherstandardbecausetheyarearmedandhavetheauthoritytodetain
citizens.
Ascitizens,wehavetherighttodemandcompensationwhenpoliceofficersviolatethepublictrust.
Butwearelosingsightofwhatshouldbeourultimategoal:reducingthegunviolence.
Sofarthisyear,Chicagopolicehaveseizedmorethan5,500illegalguns.
Andthegundeathshaveincludedagrandfatherunloadinggroceriesinfrontofhishomeandamotherand
grandmothergunneddownontheirdoorsteps.
Yetprosecutorssayitistoughertogetconvictionsonguncasesbecauseofagrowingmistrustof
police,accordingtoareportbyChicagoSunTimesreportersMickDumkeandFrankMain.
EvenMayorRahmEmanuelisblamingthepoliceshootingsofAfricanAmericansnationallyforChicagosspike
ingunviolence,arguingthatpoliceofficersareshyingawayfromsituationsthatcouldresultinalawsuit.
Wehaveallowedourpolicedepartmenttogetfetal,anditshavingadirectconsequence.Theyhavepulled
backfromtheabilitytointerdict...theydontwanttobeanewsstorythemselves,Emanuelsaidina
meetingwithAttorneyGeneralLorettaLynchlastweek.
Chicagohasitsownproblemswithrespecttopolicemisconduct.
Recently,theIndependentPoliceReviewAuthorityrecommendedthatSupt.GarryMcCarthyfiredetective
DanteServinforfatallyshootingRekiaBoydin2012.
Servin,whowasoffdutyatthetime,firedintoacrowd,killingBoyd.Ajudgeacquittedhimofinvoluntary
manslaughter,arguingthecasewaschargedincorrectly.
Inanothercontroversialpoliceshooting,theFBIisinvestigatingthefatalshootingof17yearoldLaquan
McDonald.McDonaldwasshot16timesbyaChicagopoliceofficer.Thecityagreedtoamultimilliondollar
settlementbeforelawyersforMcDonaldsfamilyevenfiledalawsuit.
SoEmanuelhadtolooknofartherthanhisownbackyardforexamplesofcasesthatunderminethetrust
betweenpoliceofficersandcitizens.
1
Yetthevastmajorityofpoliceofficersarestillriskingtheirliveseverydaybypursuingarmedcriminalsin
dangerousneighborhoods.
Policearenotinafetalpositionnotwhenofficershavemade250,000stopandfriskarrests,saidTio
Hardiman,theformerheadofCeaseFireIllinois,andnowCEOofViolenceInterrupters,anonforprofitanti
violenceorganization.
RahmkeepsmakingexcusesforSupt.GarryMcCarthy.Theneedlehasnotmovedwhenitcomestoreducing
homicides,Hardimanpointedout.
Whenitcomestopolicing,AfricanAmericancommunitieshavetostrikeabalancebetweenprotecting
ourselvesfromabusivecopsandprotectingourfamiliesfromwantonshooters.
Yes,theFourthAmendmentbarspoliceofficersfromconductingsearcheswithoutareasonablesuspicion.
Butwhenshootersarefiringgunsfrombicyclesinthemiddleoftheafternoon,whatisreasonable?
Weknowwhattodowhenindividualpoliceofficersmistreatus.Butwedontknowhowtogetthegunsoff
thestreet.
Forthat,wehavetodependonChicagopoliceofficers,andthoseofficersarenotRobocops.
Thetruthis,incommunitiesundersiegefromgunviolence,mistrustisthebiggestenemy.
Ifwereallywantsafercommunities,wehavetogetoutofthewayandtrustpoliceofficerstodotheirjobs.
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
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From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Follow up
Completed
--Anthony Guglielmi
Director, Communications & News Affairs
Office of the Police Superintendent
Chicago Police Department
Phone: 312-745-6110
Cell: 312-545-3251
@ajguglielmi | @Chicago_Police
www.chicagopolice.org
Ithinkwehavetosaysomethinglike:Asyouknow,thismatterisunderinvestigationbythefederalauthoritiesandasa
resultwecannotdiscussitfurther.
Declining this, looks like it's a documentary. We can give a written statement
--Anthony Guglielmi
Director, Communications / News Affairs
Office of the Police Superintendent
Chicago Police Department
Phone: 312-745-6110
Cell:
@AJGuglielmi | @Chicago_Police
www.chicagopolice.org
Don Moseley
Marin Corp Productions
NBC5 News
DePaul Documentary Project
773-793-1566
www.carolmarin.com
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From:
Sent:
To:
Cc:
Subject:
Peters, Lynda
Wednesday, October 28, 2015 5:58 PM
Platt, Thomas;Franklin, Liza;Patton, Stephen;Rocks, Pat;Notz, Jane
Ritter, Amber;Stepien, Michael C. (Chicago) ([email protected])
McDonald news article
http://www.nbcchicago.com/news/local/Judge-to-Rule-on-Video-of-Chicago-Police-Shooting-Teen-16-Times338084772.html
A Cook County judge will rule Nov. 18 on a motion to release police dash-cam video showing the fatal shooting of a
Chicago teen last year.
LaQuan McDonald, who was 17 at the time of the incident, was shot 16 times by a Chicago police officer on Oct. 20,
2014, prompting investigations by the FBI, the Cook County State's Attorney's Office and the Independent Police Review
Authority (IPRA).
Chancery Court Judge Franklin Valderrama heard arguments by Patrick Rocks, representing the Chicago Police
Department, who argued the release of the video would harm the ongoing investigation by IPRA and plaintiff's attorney
Matt Topic, who said the release "is an issue of significant public interest."
On the night that McDonald was killed, police responded to a call of a man with a knife. Attorneys for the McDonald family
said the 17-year-old was not posing a danger at the time of the shooting and was walking away when the officer, who has
not been publicly named, opened fire.
The City of Chicago quickly moved to settle even before a lawsuit was filed. The $5 million settlement was announced in
April.
Both sides in court acknowledged the existence of a federal grand jury and FBI probe, though there was no motion from
the U.S. Attorney's office or the FBI relating to whether to release the video.
Lynda A. Peters
City Prosecutor
Legal Information, Investigations & Prosecutions Division
City of Chicago Law Department
30 N. LaSalle, Suite 1720
Chicago, IL 60602
312-744-2816
Confidential and privileged communication.
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From:
Sent:
To:
Subject:
Patton, Stephen
Saturday, October 31, 2015 7:29 AM
McCaffrey, Bill
Re: Video footage request.
ConsultwithAmberandLynda,butIsuspectwewillmakethesameresponse.
From:McCaffrey,Bill
Sent:Friday,October30,20155:56:17PM
To:Patton,Stephen
Subject:FW:Videofootagerequest.
FYIthisjustarrived.WecanprovidethesamerepliesaspreviousFOIAs,unlessyouhavedifferentthoughts.
Goodafternoon,
ItsJeremyGornerfromtheChicagoTribune.
ImfilingarequestundertheIllinoisFreedomofInformationActforanyandallvideofootagepertainingtotheOctober
20,2014deathofLaquanMcDonald,17(D.O.B.09/24/1997).HewasshotandkilledbyaChicagopoliceofficernear
41stStreetandPulaskiRoad.
Imlookingforanyandallvideofootagethatwasrecoveredasevidenceforthecase.Thisincludes,butisnotlimitedto,
squadcardashboardcameravideothatmayormaynotincludeaudio,anyfootagefromPODcameras,etc.
Ifinyourviewanyoftheaboverecordscontaininformationyoudeemtobeexemptfromdisclosurepleaseredact
thatportionoftherecordandprovidetheremainder,specifyingtheprecisenatureoftheredactedinformationand
thespecificexemptiononwhichyouwouldrelyintheeventIwastoaskforitsdisclosure.
Thanks!
JeremyGorner
ReporterChicagoTribune
O:3122224569
C:3129123967
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1