Chicago PD: Hank Voight's Forbidden Love

Golden Gate

Mark Mitchell's attorney, John Montgomery, stood before the judge in the courtroom and handed him his motion to reopen and reconsider the preliminary hearing that was held earlier finding there was probable cause to hold Mark over on the charge of first degree murder of former Chicago police officer, Sean Murphy.

"This is highly unusual, Mr. Montgomery," the judge said as he read over the motion. "Once I make a finding of probable cause, it's highly unlikely that I will reverse myself. If I recall, the assistant State's Attorney testified that your client, Mr. Mitchell, freely and voluntarily confessed to the crime against your advice."

"That is correct, your Honor, but my client has since retracted that confession, and I have the affidavits of five psychiatrists, including the chief of psychiatry at Chicago Med, Dr. Daniel Charles, stating that Mr. Mitchell was in a dissociative state at the time he made that so-called confession and has been treated for acute depression and personality disorder following the brutal murders of four or his closest friends, all of which he witnessed."

The judge was unimpressed and advised the defense attorney that the proper procedure would be to file a motion to suppress the confession or challenge it when the matter went to trial.

"Yes, your Honor, that would be the usual route to take, but it will be several months before this case goes to trial given the court's crowded docket, and it would be highly unfair for my client to remain in custody for a crime he clearly has not committed. Furthermore, I have in my possession incontrovertible evidence that my client was no where near the crime scene at the time Mr. Murphy was murdered."

The judge looked up at Montgomery, his interest now piqued.

"What incontrovertible evidence would that be, Counsel"

"A time-stamped video from the security camera in a 24-hour take-out restaurant called JoJo's Jerk Chicken at 63rd and Cottage Grove on the south side of Chicago clearly shows that my client was there at 3:17 AM purchasing an order of jerk chicken and a grape soda, along with a copy of the sales receipt. Furthermore, I have affidavits of the sales clerk who sold him the food as well as six customers who were in the restaurant at the time and know Mr. Mitchell, personally, all attesting he was there. I am tendering copies of those affidavits to your clerk and to the assistant State's Attorney.  Now, if your Honor recalls the testimony at the preliminary hearing, the murder of Mr. Murphy occurred sometime between 3:00 and 3:30 AM in Rogers Park, some 30 miles from 63rd and Cottage Grove.  So unless the State is going to make the argument that my client has somehow mastered the art of teleportation, it would have been physically impossible for him to have committed the murder in Rogers Park."

The judge turned to the assistant State's Attorney and asked for his response to defense counsel 's motion.

"Your Honor, this is the first notice we have of this so-called evidence, and we would need time to review it and determine its legitimacy. We would need at least a month, maybe more, to verify the authenticity of the security video and interview the witnesses."

Defense counsel was prepared for that argument.

"Fair enough, Your Honor. However, I have a second affidavit from Dr. Daniel Charles that Mr. Mitchell's treatment has been successful and he no longer requires hospitalization in a mental health facility. But obviously they can't discharge him without a court order on the question of bail. I anticipate that the State is going to request that bail be denied and my client remanded to the Cook County Jail, but I am presenting my other motion that he be given an I-Bond — in other words that he be released on his own recognizance — or in the alternative that a reasonable bond be set which his parents are prepared to post today."