SATURDAY, JANUARY 7, 2012 | CHICAGO SUN-TIMES | 11

Alvarez: No need for special prosecutor in Koschman case

BY TIM NOVAK AND CHRIS FUSCO
Staff Reporters

States attorney: No evidence of a grand conspiracy here

David Koschman
punched David Koschman, which caused him to fall backwards and injure his head, which ultimately caused his death, Gilger wrote. But Gilger also said Vanecko had acted in self-defense, though Koschman didnt hit him, so no charges should be filed. The Koschman familys request for a special prosecutor is set for a hearing on March 6 before Cook County Judge Michael Toomin. Locke E. Bowman, an attorney for the Koschman family, declined to comment on Alvarezs statements. The familys petition, filed Dec. 14, came after a series of Sun-Times reports that revealed that: Vanecko and a friend ran away, leaving Koschman lying in the street; friends who were with Vanecko that night lied to police investigating the case; other witnesses said their version of what happened has been misrepresented in police reports; and the police and Alvarezs office lost files on the case. Alvarez called the Sun-Times reports on the case really unfair. Theyre just putting forth their theory, with so many mistakes, ignoring the facts, ignoring the evidence, Alvarez said. She added: I dont think any detective would have hesitated to charge a family member of the mayor.

Cook County States Attorney Anita Alvarez says theres no reason to have a special prosecutor reinvestigate the violent death nearly eight years ago of David Koschman as the result of being punched in the face by a nephew of then-Mayor Richard M. Daley. I dont see any evidence despite the theories of the journalists who are writing about this case of a grand conspiracy here either by the police or any prosecutor, Alvarez said Friday in an interview on the WLS 890-AM program Connected to Chicago. Koschmans mother, aunt and uncle have filed a petition that asks the Cook County courts to appoint a special prosecutor to re-examine the death of the 21-year-old Mount Prospect man and the subsequent investigations of the case by the Chicago Police Department and the states attorneys office. Alvarez who hasnt yet informed the courts that she will fight the petition said theres no reason to appoint a special prosecutor because for the courts to do so would require a finding that her office would have a conflict of interest in reviewing the case itself. There needs to be a conflict with me, the sitting states attorney, for a special prosecutor to be appointed, Alvarez said. And there is no

Cook County States Attorney Anita Alvarez at a press conference last month.

| AL PODGORSKI~SUN-TIMES

MORE ONLINE
Hear Cook County States Attorney Anita Alvarezs comments at suntimes.com/news/ metro/koschman
conflict in this case. Koschmans family filed the court petition asking for a special prosecutor. They argue that an outsider is needed to investigate the case, saying Alvarez does have a conflict of interest because one of her current employees Assistant States Attorney Darren OBrien determined seven years ago that

there was insufficient evidence to even know if theres a punch or a file criminal charges against Daley push. The Chicago Police Denephew Richard J. R.J. partment re-investigated Vanecko or anyone else in the case early last year, Koschmans death. prompted by a Chicago Alvarez said Friday there Sun-Times investigation, still isnt enough evidence to and concluded that Vancharge anyone in the death ecko punched Koschman. of Koschman, who died from Thats according to a report brain injuries 11 days after, filed by Detective James according to the police, he Gilger on Feb. 28, 2011 a was punched in the face by Vanecko day before the police closed Vanecko in a drunken confrontation on Division Street near the case without asking Alvarez to Dearborn Street during the early- weigh whether charges against Vanecko should be filed. morning hours of April 25, 2004. This investigation has shown Were not even sure who threw the punch, Alvarez said. We dont that Richard Vanecko, alone,

Better Government Association backs call for special prosecutor

BY CHRIS FUSCO AND TIM NOVAK
Staff Reporters

The Better Government Association has filed a friend of the court brief backing the call for a special prosecutor to be appointed to investigate a 2004 homicide case involving Richard J. R.J. Vanecko, a nephew of former Mayor Richard

M. Daley. The mother, aunt and uncle of David Koschman filed a petition last month in Cook County Circuit Court asking for an outside authority to be brought in to investigate the death of the 21-year-old Mount Prospect man after a drunken confrontation in the Rush Street area in which the police said Koschman was punched in the

face by Vanecko, then 29. Koschman died from the resulting injuries. His family also wants a special prosecutor to review the handling of the case by the Chicago Police Department and the Cook County states attorneys office, which decided not to prosecute, calling it self-defense.

The police took a new look at the case early last year, prompted by a Chicago Sun-Times investigation, but again decided criminal charges werent warranted. The BGA respectfully submits that the States Attorney of Cook County is not qualified to conduct the investigation, owing to disabling conflicts of interest with re-

gard to the conduct of members of the states attorneys own office, as well as the conduct of members of the CPD, with whom staff members of the states attorney worked on the investigation of Mr. Koschmans death, attorneys Thomas H. Geoghegan and Michael P. Persoon write in the brief filed on behalf of the government-watchdog group.