In re Appointment of Special Prosecutor

In a 2004 Chicago altercation, Vanecko punched Koschman in the face, causing Koschman to fall back and strike his head on the sidewalk. Koschman died from his injuries. In 2004-2011, law enforcement investigated. No charges were filed. In 2011, the Koschman family sought the appointment of a special prosecutor, alleging that Vanecko was a nephew of then-Chicago Mayor Richard M. Daley and a grandson of former Chicago Mayor Richard J. Daley. In 2012, the court appointed Webb as special prosecutor, 55 ILCS 5/3-9008. In 2012, on petition of the special prosecutor, the criminal court impaneled a special grand jury. A court order placed under seal “all Grand Jury materials.” The special grand jury issued 160 subpoenas and collected more than 22,000 documents and indicted Vanecko for involuntary manslaughter. In 2014, Vanecko pled guilty; the court unsealed the report and released it to the public. The trial court rejected subsequent requests under the Freedom of Information Act (FOIA), 5 ILCS 140/1, for the sealed grand jury documents. The Illinois Supreme Court affirmed the appellate court, which rejected disclosure of most of the FOIA requests but remanded to the circuit court for an in camera inspection of a specific category of documents to determine which may be disclosed. A lawful court order takes precedence over the disclosure requirements of FOIA; a requester must first have the court that issued the injunction modify or vacate its order. If the issuing court refuses, the requester may challenge the refusal in a direct appeal. View "In re Appointment of Special Prosecutor" on Justia Law