July 10, 2011

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20A | CHICAGO SUN-TIMES | SUNDAY, JULY 10, 2011

CHICAGO

ANOTHER OPINION | JIMMY MARGULIES

WE THINK
John Barron Publisher Tom McNamee Editorial Page Editor
emember that freakish hailstorm on June 30 that rained down ice cubes on a hot summer night? One cherished Chicago gem is still recovering and desperately needs our help. The hailstorm nearly destroyed the 103-year-old Garfield Park Conservatory, one of the largest public glass houses in the United States and a beloved Chicago institution. After a rebirth beginning 15 years ago, the conservatory draws a minimum of 150,000 visitors, and as many as 1 million, a year to Chicagos West Side. Hail shattered about 60 percent of the glass panes protecting thousands of plants in this landscaped paradise. The three main rooms suffered the greatest damage, including the historic Fern Room and the Desert House. The Chicago Park District, which owns the conservatory, has insurance but more is needed to complete the repairs and make up for lost revenue while parts of the

A N I N D E P E N D E N T N E W S PA P E R

Don Hayner Editor in Chief Andrew Herrmann Managing Editor

Shattered by hail, city gem needs help


conservatory remain closed. The conservatory was designed by famed landscape architect Jens Jensen, the first example of landscapes under glass. Jensen designed complete landscapes, immersing a visitor in a different environment, rather than sticking a bunch of potted plants in a greenhouse. The result is a whimsical, magical conservatory enhanced with classes, special events and programming for kids and adults. Chicago simply would not be the same were the conservatory not able to recover from the hail damage. To donate, offer support or become a member of the Garfield Park Conservatory Alliance the conservatorys educational and programming partner go to www.garfieldconservatory.org. And remember, parts of the conservatory are still open to visitors. Several rooms are accessible to the public, as are 12 beautiful acres of gardens outside.

Two fatal punches, two probes


CAROL MARIN
ONG BEACH, Ind. This small, quiet resort town on the Indiana/Michigan border is a far cry from the bar scene of Chicagos Division Street where seven years ago a lone punch, thrown by a nephew of the Daley family, resulted in the death of 21-year-old David Koschman of Mt. Prospect. But once again, a sadly similar story. A punch was thrown at a latenight beach party on the Fourth of July. That one blow to the head extinguished the life of 17-year-old Kevin Kennelly, a rising senior at Chicagos Mount Carmel High School. When news of the Long Beach tragedy broke, it was impossible not to think of David Koschman. Or to consider how quickly police and prosecutors in this small hamlet mobilized compared to what authorities did or did not do in Chicago in 2004. In each case, the person who threw the punch fled the scene. In each case, there were witnesses. Very quickly, in the Long Beach

cmarin@suntimes.com

Take a pass on Caylees Law


nybody with a heart can understand the urge across the nation to pass some type of Caylees Law that would make it a felony for parents or caregivers not to report missing children quickly. But wise lawmakers should take a pass on it. The proposals follow outrage over Tuesdays acquittal in Florida of Casey Anthony, 25, who had been accused of killing Caylee, her 2-year-old daughter, in 2008. Jurors didnt think evidence supported a murder conviction, but the court of public opinion disagreed. By Friday, more than 30,000 people had liked an I hate Casey Anthony Facebook page. A Caylees Law has been filed in Florida, and others are under way in about a dozen more states. An online petition seeking a federal version has gathered more than 700,000 signatures. But rather than rush through legislation while passions are high, lawmakers should think through this issue. Such a law would have no deterrent effect. A mother hiding the murder of her child wouldnt report that child missing just because the law says so. And some prosecutors say Caylees Law would address a problem thats virtually nonexistent. Its risky to fashion a law based on a single case, as Illinois did with its irresponsible Drews Law, drawn up to allow hearsay in the case of Drew Peterson, who is charged with murder. We hope lawmakers think twice this time.

case, police identified a 19-year-old young man from Chicago named James Jake Malecek who, two days later, turned himself in. But in the Chicago case, though police initially questioned witnesses on the scene, their investigation inexplicably stopped after less than 24 hours. Though David Koschman never regained consciousness, though his injury was severe enough to justify an aggressive inquiry even before his death 11 days later, police did nothing. Only on the 15th day, after the medical examiner declared it a homicide, did CPD resume investigating. On the 18th day, witness Bridget Higgins McCarthy finally admitted knowing who had fled the scene and gave police the name of Richard R.J. Vanecko, a nephew of Richard M. Daley, then mayor, and Bill Daley, current White House chief of staff. Amazingly, police would wait another week. Rather than immediately pick up Vanecko for questioning, cops gave his lawyer a full seven days to bring him in. Twenty-five days would pass before Chicago Police ever laid eyes on Vanecko. Koschmans friends failed to make a positive ID, and the Cook County States Attorneys Office never considered convening a grand jury. Oddly, not a shred of paperwork exists to memorialize the states attorneys decision.

Seven years later, the case was still marked open until the Chicago Sun-Times Tim Novak and Chris Fusco began asking hard questions. CPD suddenly re-investigated, and for the first time, named Vanecko as the person who threw the lone punch that killed Koschman but declared it self-defense. Case closed according to the cops. But not according to Chicagos inspector general, who is now investigating the investigation. It is undeniable that these kinds of stories are filled with sorrow on all sides, not only for the families of those who were hit but for the families of those who did the hitting. The fact is, however, that excessive force, regardless of intent, normally is charged. In the Long Beach case, no one believes that Jake Malecek a good kid, according the neighbors, on his way to college meant to kill Kevin Kennelly. But police and prosecutors in Indiana did what law enforcement does almost everywhere in such a circumstance: They brought charges. Violence, however unintended or accidental, usually carries consequences. In the Koschman case, there were no consequences. Just a broken-hearted widow who buried her only child seven years ago. The Long Beach case stands as a counterpoint to how it could have been, should have been and wasnt here in Chicago.

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