US v. Burnside, No. 89 CR 909.
Decision Date | 04 June 1993 |
Docket Number | No. 89 CR 909. |
Parties | UNITED STATES of America, Plaintiff, v. Thomas BURNSIDE, et al., Defendants. |
Court | U.S. District Court — Northern District of Illinois |
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John A. Smietanka, Acting U.S. Atty., Barry Rand Elden, Asst. U.S. Atty., Chicago, IL, for U.S.
Donald V. Young, Donald V. Young & Assoc., P.C., Chicago, IL, for Thomas Burnside.
Richard S. Kling, Clinical Professor, Chicago Kent School of Law, Chicago, IL, for Codell Griffin.
Brian M. Collins, Chicago, IL, for C.D. Jackson.
This multi-defendant criminal case is among several filed in this federal district during the period 1986 through 19891 in which persons alleged to have been associated with the Chicago street gang known as the "El Rukns" were charged.2 Each of these cases stemmed from a multi-year, multi-jurisdictional criminal investigation of the El Rukn street gang. Among the law enforcement personnel who worked as part of the joint "El Rukn" task force were prosecuting attorneys, law enforcement agents and police officers from local, state and federal governmental entities. These law enforcement personnel utilized numerous investigatory tools, including court-authorized wiretaps on several phones over extended periods of time. Several high-ranking members in the El Rukn gang cooperated with the government and testified for the government at the trials of the "El Rukn" cases.
The three defendants whose post-trial motions are before the court, Thomas Burnside, Codell Griffin and C.D. Jackson, were not alleged to be El Rukn gang members, but were alleged to have supplied illegal drugs to the El Rukns. At the five-week jury trial of these three defendants, four high-ranking El Rukn gang members, Henry Harris, Harry Evans, Earl Hawkins and Ervin Lee, testified for the government pursuant to plea agreements. All three defendants were found guilty. In their post-trial motions, the defendants contend that their convictions should be overturned because of prosecutorial misconduct by government personnel relating to the government's cooperating witnesses in the "El Rukn" cases.
For the reasons stated in this opinion, the motions of defendants Burnside, Griffin and Jackson for a new trial are granted.
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