OFFICE OF THE STATE’S ATTORNEY COOK COUNTY, ILLINOIS
ANITA ALVAREZ 69 W. WASHINGTON, SUITE 3200
July 2, 2010
Dear Concerned Citizen:
I am in receipt of your recent email in which you expressed concern regarding the outcome of the case of People v. Erick Fabian and Armando Reza, who were recently convicted of various felonies and sentenced by Cook County Circuit Court Judge Carol Kipperman.
I have received a number of emails such as yours and let me preface my response by stating that there seems to be a distinct miscommunication within Chicago’s bicycling community about the actions taken by the State’s Attorney’s Office in the prosecution of this case. First and foremost, the sentence of intensive probation that the defendants received in this case occurred over the objection of the State’s Attorney’s Office. Given the facts of this case, the outrage of the community and the injuries to the victims, we felt strongly that a term of imprisonment would have been the just and appropriate sentence.
The sentence issued by the Judge was determined as the result of a pre-trial conference with the Coun that is permitted under Supreme Court rules and commonly referred to as a “402 Conference.” In this case, as in any criminal matter, a defendant can request that the judge conduct a “402 Conference” in which the Coun hears the evidence that the prosecution and the defense expect to present at trial as well as any and all aggravation or mitigation relative to the respective defendant. At the 402 Conference conducted for each of the defendants in these cases, my office recommended that the judge impose a prison sentence while the defendants requested a term of probation.
After reviewing the facts of this case, the Judge chose to grant the defendants’ request and sentenced each of them to a term of intensive felony probation. In addition, as a result of these felony convictions and the fact that a motor vehicle was used in the commission of a crime, both of the defendants will have their Illinois Driver’ s Licenses revoked for a specified period of time. Again, please recognize that this decision was made over the objection of the Cook County State’s Attorney’ s Office.
Thank you for taking the time to convey your concerns to my office. I look forward to continuing my work as State’s Attomey to ensure that the rights of bicyclists and all citizens are respected and that justice is achieved.
Anita Alvarez Cook County State’ s Attorney