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CHICAGO SUN-TIMES FRIDAY, MARCH 30, 2012

NEWS

Koschman judge questions self-defense

BY CHRIS FUSCO AND TIM NOVAK
Staff Reporters cfusco@suntimes.com

Nanci Koschman (center), mother of David Koschman, leaves court Thursday with her brother-in-law Rich Pazderski and her sister Susan Pazderski. | RICHARD A. CHAPMAN~SUN-TIMES

A judge questioned Thursday how the police concluded that Richard J. R.J. Vanecko, a nephew of then-Mayor Richard M. Daley, acted in self-defense when he delivered a deadly blow nearly eight years ago, noting that five witnesses have given sworn statements denying that the victim, David Koschman, was physically aggressive.

Richard J. David R.J.Vanecko Koschman

Certainly, none of these statements lend credence to that conclusion, Cook County Circuit Judge Michael P. Toomin told a lawyer for Cook County States Attorney Anita Alvarez, whos fighting a Koschman

family petition seeking to have a special prosecutor investigate the case. Theres utterly no evidence he was physically aggressive. Where does the claim of selfdefense have its genesis? Jack Blakey, the states attorneys special prosecutions chief, said we have conflicting evidence about Koschmans behavior. Toomin will rule April 6. The judge rejected a request from Vaneckos lawyers to intervene in the case, saying hes deciding only whether the case should be

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reinvestigated by an outside authority, not whether Vanecko should be charged. Koschmans mother, Nanci Koschman, sat in the front row of the courtroom, often crying. Her attorney, Locke Bowman, argued that an outside prosecutor is needed because one of Alvarezs prosecutors determined there wasnt enough evidence to charge anyone in 2004. Bowman also argued that Alvarez has been a political ally of Vaneckos uncle. Toomin pressed Bowman on whether political ties are enough to remove Alvarez from the case. Bowman said theres a perception Alvarez hasnt zealously pursued the case to avoid offending the Daley family. Koschman, 21, died on May 6, 2004, 11 days after being punched in the face in a drunken confrontation with Vanecko on Division Street. A Chicago Sun-Times investigation last year prompted the Chicago Police Department to re-examine the case. The police concluded Vanecko acted in self-defense. The Sun-Times has reported the police found missing files last summer, including a handwritten note that read V DAILEY SISTER SON. Toomin asked Blakey about that. Even if you draw the most sinister conclusion, it points to corruption in the Police Department, not the states attorneys office, Blakey said. The sworn statements Toomin cited were made to the City of Chicagos inspector general, who began investigating the police after the Sun-Times reported that witnesses questioned the statements the police attributed to them. Alvarez has joined in that investigation. After the hearing, Nanci Koschman said, I just really want to see justice for David.