Beaten bartender, City of Chicago ask court to throw out verdict - New York News

Judge delays decision on vacating `code of silence` verdict

Posted: Updated:
CHICAGO (FOX 32 News) -

A judge has delayed her ruling on whether to throw out the judgment -in the "code of silence" case. Both sides are asking for the court to intervene. It couldn't be used for future suits against the city.

Two law professors stepped in and asked the judge to take time to consider the public before decide willing to vacate the judgment in this case, which was resolved last week.

Five years after a security camera captured the beating at Chicago bar - after the victim won the case against the city - both sides have joined to ask the court to throw out the verdict.

There is an advantage to the victim: The city would pay her damages right away.

A jury awarded Karolina Obrycka $850,000 in damages after a trial last month, for the 2007 beating she took from former Chicago Police officer Anthony Abbate.

Now both sides are appealing to the court to erase the jury's finding that a department "code of silence" existed that led the officer to believe his actions would not have consequences.

The city said it reached out to Obrycka with the deal that she could quickly collect her money without risking the chance of having the award reduced by the appeals process. It would also protect the city and taxpayers from future payouts.

Mayor Emanuel said this action would close the chapter on something that happened before he was mayor. Two law professors said it's outrageous that the city would try to buy its way out of the verdict and they filed a motion to stop the city.

"I think in its simplest form – we agreed that this became a no-brainer for us," Obrycka's attorney Terry Ekl said. "What we received out of this agreement with the city was no risk that the judgment could be reduced either by the trial court or on appeal, which was a possibility. No risk on appeal that the case, resolved against us.

"We felt the judge entered absolutely correct rulings throughout the case. She is a wonderful judge," Ekl continued. "But, it would ultimately be sustained on appeal, affirmed. But, that risk always is present."

"What we're seeing in court this morning is a really shameful exercise," Northwestern law professor Locke Brown said. "The city of Chicago stands up before the judge and says, please, let's get rid of this judgment because it is going to aggravate us in future cases and we really don't need to be troubled by it."

Professor Bowman also said that judgment is important because it sends the city a message that police misconduct must be handled differently.

The judge said she would render a decision in about 10 days.

Share Your Photos & Video

  • Local NewsLocal NewsMore>>

  • Dad accidentally delivers baby into toilet

    Dad accidentally delivers baby into toilet

    A Connecticut baby has arrived with a splash, right into a toilet bowl. The baby's father, David Davis, tells WVIT-TV that he was forced to deliver the newborn in the bathroom of his West Haven home Friday morning after his wife, Lillie, went into labor. He says the baby slipped through his hands during the delivery, but luckily went into the water. He says she began crying and it was the best sound he'd ever heard.
    A Connecticut baby has arrived with a splash, right into a toilet bowl. The baby's father, David Davis, tells WVIT-TV that he was forced to deliver the newborn in the bathroom of his West Haven home Friday morning after his wife, Lillie, went into labor. He says the baby slipped through his hands during the delivery, but luckily went into the water. He says she began crying and it was the best sound he'd ever heard.
  • Mosquito-borne virus sickens 20 in NJ

    West Nile found in New Jersey mosquitoes

    Wednesday, July 30 2014 11:16 AM EDT2014-07-30 15:16:32 GMT
    Twenty New Jersey residents have tested positive for a mosquito-borne virus that has spread through the Caribbean. The state Health Department says the residents who came down with chikungunya had returned to New Jersey from the Caribbean. Chikungunya causes a high fever and severe pain in the joints. It is rarely fatal.
    Twenty New Jersey residents have tested positive for a mosquito-borne virus that has spread through the Caribbean. The state Health Department says the residents who came down with chikungunya had returned to New Jersey from the Caribbean. Chikungunya causes a high fever and severe pain in the joints. It is rarely fatal.
  • 5 annoying things about New York subway

    5 annoying things about New York subway

    Wednesday, July 30 2014 10:59 AM EDT2014-07-30 14:59:49 GMT
    Subway problems are annoying, but it’s just a part of living in New York City. Public transportation isn’t glamorous. It’s a pain. It’s a convenience that can cause an inconvenience. Here is a list of five annoying things about subways in New York City.
    Subway problems are annoying, but it’s just a part of living in New York City. Public transportation isn’t glamorous. It’s a pain. It’s a convenience that can cause an inconvenience. Here is a list of five annoying things about subways in New York City.
Powered by WorldNow
Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices