Anita Alvarez

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Anita Alvarez
Anita Alvarez 2008.jpg
Cook County State's Attorney
In office
December 1, 2008 – December 1, 2016
Governor Rod Blagojevich
Pat Quinn
Bruce Rauner
Preceded by Dick Devine
Succeeded by Kim Foxx
Personal details
Born (1960-01-16) January 16, 1960 (age 58)
Chicago, Illinois, U.S.
Political party Democratic
Alma mater Loyola University Chicago
Illinois Institute of Technology

Anita Alvarez (born January 16, 1960) is the former State's Attorney for Cook County, Illinois, United States. Alvarez was the first Hispanic woman elected to this position,[1] after being the first Latina to win the Democratic nomination for state's attorney of Cook County.[2][3]

Background[edit]

A Chicago native, Alvarez was born and raised in the Pilsen neighborhood. She attended Maria High School and received her undergraduate degree from Loyola University of Chicago in 1982. She earned her Law Degree from Chicago-Kent College of Law in 1986.[4]

Alvarez has spent her entire legal career in the State's Attorney's Office. Alvarez began her career as an Assistant State's Attorney in 1986. She has argued before the Illinois Appellate Court and tried more than 50 felony jury trials. Prior to entering the race for Cook County State's Attorney, she served as Chief Deputy State's Attorney; Chief of Staff to the Cook County State's Attorney; Chief of the Special Prosecutions Bureau; Deputy Chief of the Narcotics Bureau, and Supervisor of the Public Integrity Unit. She also spent 3 ½ years in the Gang Crimes Unit where she prosecuted gang-related homicides.

Alvarez was promoted to the Supervisor of the Public Integrity Unit in 1996, where she was responsible for prosecuting city, county, and state employees who committed felonies and violated the public trust. She claimed to have tried police officers on corruption charges. In 1999, she was promoted to Deputy Chief of the Narcotics Bureau where she supervised the prosecution of drug cases as well as long-term narcotics investigations in conjunction with Chicago and suburban police departments.

In 2001, Alvarez tried the case of the People of the State of Illinois v. Patrick Sykes, which was referred to in the media as the "Girl X Case". Alvarez's successful prosecution of Sykes resulted in his conviction for the predatory criminal sexual assault of a 9- year-old-girl who was left paralyzed, blind, without speech and confined to a wheelchair after the brutal attack in the Cabrini Green housing project. Alvarez was elected Cook County State's Attorney in 2008. She was the first female, first Hispanic and first career prosecutor ever elected to this position.

State's Attorney[edit]

During her first five years in office, Alvarez drafted a law that has increased criminal penalties for gang members arrested with guns. Gang members convicted under the new law face a mandatory prison sentence and are no longer eligible for parole.[5]

She created a Human Trafficking Initiative that works closely with local, state and federal law enforcement agencies to crack down on individuals and human trafficking groups. Alvarez also authored the Illinois Safe Children Act, a sweeping new law that enhanced protections for juveniles caught in the sex trade and provides new legal tools for police and prosecutors to target those who prostitute children.[6]

Alvarez was interviewed in a 2012 60 Minutes segment "Chicago: The False Confession Capital", in which she defended police conduct in two cases involving false confessions which were vacated by the courts which issued certificates of innocence to the defendants. Despite the courts' actions and the lack of DNA evidence, Alvarez said in the interview, "I don't know whether he committed the crime or not. There are still unanswered questions in both of these cases that I couldn't sit here and tell you today that they're all guilty or they're all innocent." She admits that in one of the rape cases, they did not find any of the boys' DNA on the victim or in the basement of the house where the crime occurred. In the other case, that of the Dixmoor 5, the DNA found was matched to a convicted rapist. Peter Neufeld, of The Innocence Project says prosecutors rejected the new evidence and suggested necrophilia (having sex with a dead person) as a possible explanation for why a convicted rapist's DNA may have come in contact with the victim, to which Alvarez replied, "It's possible. We have seen cases like that."[7]

Alvarez defended Cook County Assessor Joseph Berrios in a suit against Berrios filed in 2001 by Cook County Inspector General Patrick Blanchard. Blanchard was seeking a response from Berrios to a subpoena requesting documents related to a manager in Berrios' office obtaining two exemptions intended for a primary residence. Berrios ignored the subpoena, claiming that the County Inspector General had no authority over him.[8]

Eavesdropping prosecutions[edit]

While in office, Alvarez more than once prosecuted citizens with felony eavesdropping for recording encounters with police.

In 2009, Chris Drew recorded his non-violent arrest for street peddling of art. The peddling charge was dropped and Alvarez pursued the much harsher charge of recording police officers' voices without their permission.[9]

In 2010, Tiawanda Moore sought to file a complaint against a police officer for groping her, and secretly recorded an interview with investigators on her smartphone, on the grounds that they were trying to intimidate her. Alvarez charged her with a Class 1 felony eavesdropping. Moore was acquitted in 2011, with one juror saying that the trial had been "a waste of time."[10]

Both defendants faced a sentence of up to 15 years in prison.[11]

Judge Stanley Sacks dismissed Drew's case on March 2, 2012, stating the eavesdropping law was unconstitutional and that it was too broad and criminalized innocent behavior. Alvarez announced she would appeal the ruling.[12] The American Civil Liberties Union of Illinois successfully sued Alvarez and she was ordered to cease prosecuting ACLU employees and their agents under the Illinois Eavesdropping Act.[13]

Judge Sharon Johnson Coleman ruled that the Illinois Eavesdropping Act, 720 ILCS 5/14, violates the First Amendment of the United States Constitution when used as a method to prevent the open recording of law enforcement's audible communications in public places while performing official duties, or the communications of others that are incidentally captured.[14] It was ruled that Cook County would have to pay the ACLU's legal fees, which amounted to $645,549.[15]

In 2013, during a routine review of his case, she concluded that Lathierial Boyd, a man who had already served 23 years for murder, should never have been charged.[16][17][18]

Laquan McDonald controversy[edit]

In the wake of the release of video of the shooting of Laquan McDonald, protestors and Chicago politicians called on Alvarez to resign for having waited 13 months to prosecute police officer Jason Van Dyke.[19][20]

The video shows officer Jason Van Dyke shooting a black teenager 16 times as the teenager walks away.[20] Based on the video, it is believed that at least three of the shots struck McDonald's body as he lay motionless on the ground, conflicting with police reports of the incident.[21] Alvarez refused to resign, but on March 15, 2016, lost her re-election bid.[20]

Minors in solitary confinement controversy[edit]

Another controversial case with a Wicker Park shooting of homeless man, Sammy Tate (DOB 3/11/64 aka Zapp & Bam 1242 N Leavitt) involving two falsely accused minors. Ms. Alvarez approved the keeping of a 16yo minor (Deandre Washington DOB 6/5/82) in solitary in Cook County Jail for 4yrs pending trial. The trial lasted 45 minutes in 2003 where both defendants were acquitted. Also refused to resign when asked, yet settled suit against the city in 2012 for malicious prosecution by local Cochran offices for $1m.[22][23] Additionally, had no response when asked why she kept a minor in solitary for so long.[24] At a 2018 Chicago City Club event, Ms. Alvarez's then press agent still defended the ex-Cook County State's Attorney for not knowing how many minors were kept in solitary confinement during her term in office.[25][26]

Electoral history[edit]

  • 2008 Democratic Primary
2008 Democratic Primary for the Office for Cook County State's Attorney
Candidate Votes Percentage
Anita Alvarez 244,538 25.73%
Tom Allen 234,976 24.72%
Howard B. Brookins Jr. 172,746 18.18%
Larry Suffredin 210,381 22.14%
Robert J. Milan 55,350 5.82%
Tommy H. Brewer 32,430 3.41%
  • 2008 General Election

Anita Alvarez was elected as Cook County State's Attorney in November 2008. Alvarez faced two challengers from both the Republican and Green Party in November 2008's general election. The two challengers were Cook County Commissioner for the 16th district Tony Peraica, and the Green Party's Thomas O'Brien.

  • 2012 General Election

Alvarez was reelected to a second term as Cook County State's Attorney in 2012 after defeating Republican challenger Lori Yokoyama. Alvarez won 77% of the vote.[27]

  • 2016 Democratic primary

Alvarez ran for reelection in 2016. Her opponents in the Democratic primary included former Cook County assistant state's attorney Kim Foxx and former federal and state prosecutor Donna More. On January 14, the Cook County Democratic Party endorsed Foxx for state's attorney.[28] She lost the Democratic primary for state's attorney's race to Kim Foxx on March 15, 2016 and called Foxx and conceded at approximately 9:00 p.m.[citation needed]

2016 Democratic Primary for the Office for Cook County State's Attorney

Results[edit]

Democratic primary results[29]
Party Candidate Votes %
Democratic Kim Foxx 645,738 58.3%
Democratic Anita Alvarez (Incumbent) 317,594 28.7%
Democratic Donna More 144,063 13.8%
Total votes 1,107,395 100.0%

Personal life[edit]

Alvarez is married to Dr. James Gomez and has four children.[citation needed]

References[edit]

  1. ^ "Breaking News - Chicago Tribune". Chicagobreakingnews.com. Retrieved 2015-04-24. 
  2. ^ "Alvarez get Democrat nod for Cook County state's attorney". Dailyherald.com. 2008-02-06. Retrieved 2015-04-24. 
  3. ^ [1]Archived February 7, 2008, at the Wayback Machine.
  4. ^ "Anita Alvarez: Candidate Profile". Daily Herald. February 5, 2016. Retrieved September 18, 2018. 
  5. ^ [2] Archived November 23, 2010, at the Wayback Machine.
  6. ^ Meribah Knight (2011-08-13). "Campaign Against Sex Trafficking Is Gaining". New York Times. p. A21A. Retrieved 2017-03-01. In 2010, Illinois passed the Safe Children Act, making it the first state in the nation to give children under 18 immunity from prosecution for prostitution. That year the Cook County state's attorney's office created a unit to pursue criminal cases of human trafficking. In March, county prosecutors won their first case when a sex-ring organizer, Troy Bonaparte, 46, was sentenced to 18 years in prison. 
  7. ^ Pitts, Byron (December 9, 2012). "Chicago: The false confession capital". 60 Minutes. CBS News. Retrieved 2014-01-16. 
  8. ^ Mihalopoulos, Dan; Donovan, Lisa (March 18, 2013). "Cook County Assessor Joe Berrios also facing a second court fight in dispute over authority". Chicago Sun-Times. Retrieved July 1, 2013. 
  9. ^ Bechtol, Nancy (January 17, 2010). "Chris Drew, street artist, faces class 1 felony eavesdropping charges after selling art for $1". American Press Association. Retrieved February 12, 2014. 
  10. ^ "Tiawanda Moore, Woman Who Recorded Cops, Acquitted Of Felony Eavesdropping Charges (VIDEO)". Huffington Post. 2011-08-25. Retrieved 2017-07-02. 
  11. ^ Terry, Don (January 22, 2011). "Eavesdropping Laws Mean That Turning On an Audio Recorder Could Send You to Prison". The New York Times. Retrieved February 10, 2014. 
  12. ^ Protess, David (March 6, 2012). "He Fought the Law -- And the Law Lost". Huffington Post. Retrieved February 10, 2014. 
  13. ^ Donovan, Lisa; Schlikerman, Becky (March 15, 2013). "Cook County taxpayers will be billed $645,000 for ACLU's eavesdropping suit". Chicago Sun-Times. Retrieved February 12, 2014. 
  14. ^ "United States District Court of the Northern District of Illinois Eastern Division Case: 1:10-cv-05235 Document #83" (PDF). January 14, 2013. Retrieved February 10, 2014. 
  15. ^ Guess, Megan (May 17, 2013). "Illinois county to pay ACLU $600K after high court voids eavesdropping law". arstechnica.com. Retrieved February 10, 2014. 
  16. ^ John Albert (Spring 2008). "Murder Conviction Based On ID By Unconscious Man – The Lathierial Boyd Story" (PDF). Justice Denied. p. 8,9. Retrieved 2015-02-23. 
  17. ^ Rose Bouboushian (2013-10-09). "Decades Lost to Chicago Frame Job, Man Says". Courthouse News. Retrieved 2015-02-23. 
  18. ^ Jason Meisner (2015-02-20). "Retired Chicago detective focus of British newspaper investigation". Chicago Tribune. Retrieved 2015-02-23. Last week, a court filing in Boyd's case revealed that the Conviction Integrity Unit of the Cook County State's Attorney's Office is planning to subpoena Zuley's entire complaint history from his 30-year career as a police officer, an indication that more cases he handled are being reviewed. 
  19. ^ "Chicago politicians join calls for Anita Alvarez's resignation". ABC7 Chicago. Retrieved 2015-12-03. 
  20. ^ a b c "Protesters call for Cook County State's Attorney Anita Alvarez to resign, stage 16-hour sit-in". ABC7Chicago.com. Retrieved 2015-12-03. 
  21. ^ "Police Release Disturbing Video of Officer Fatally Shooting Chicago Teen". NBC Chicago. Retrieved 2016-06-03. 
  22. ^ "Chicago politicians settles suit for malicious prosecution by Ms. Alvarez". Chicago Tribune. Retrieved 2009-12-11. 
  23. ^ "City Council Approves settlement for Misconduct prosecution by Ms. Alvarez". Chicago Talks. Retrieved 2012-12-17. 
  24. ^ "Acquitted man sues cops for long jail stay". Chicago City Council. Retrieved 2004-06-24. 
  25. ^ "Chicago City Club - Kim Foxx". Chicago City Club. Retrieved 2018-01-08. 
  26. ^ "City Council - Order Or2012-549". Chicago City Council. Retrieved 2012-09-12. 
  27. ^ "Decision 2015Small text". Nbcchicago.com. Retrieved 2015-04-24. 
  28. ^ Felsenthal, Carol (January 14, 2016). "As Expected, Cook County Democrats Endorse Foxx in Heated Race for State's Attorney", Chicagomag.com; retrieved January 17, 2016.
  29. ^ "Primary Election Cook County and The City of Chicago Tuesday, March 15, 2016 Combined Summary" (PDF). Cook County Clerk. Retrieved 2016-10-28. 

External links[edit]