Entrapping "Thug Mike"?

Yesterday, a federal jury took just 6 hours to deliver guilty verdicts on 9 felony counts of bribery, extortion, attempted extortion and failing to file a financial form on a wire transfer of $15,000 against former Milwaukee alderman Michael McGee, Jr. [See McGee Guilty - JS Online] The entire uproar consisted of complaints by local Arab businessmen that McGee was shaking them down for money and gifts in direct connection with their liquor licences. In essence, no money, no license.

At first blush, the evidence seemed overwhelming: hours upon hours of recorded wiretaps where McGee referred to himself as "Thug Mike" and repeatedly appeared to be telling these government witnesses that he was God to them in their ability to stay in business. In his own words, McGee claimed to be the "gatekeeper." A closer examination, however, exposes at least a plausible entrapment defense. That seemed to be where the defense was trying to head but ultimately they portrayed the informants as incredible plotters just looking to remove a sitting alderman. There was plenty of evidence to support that view including the fact that the star witness, Adel “Jack” Kheirieh, actually ran for McGee's seat following his arrest even though Kheireh lived in Franklin.

Personally, I think that 2 things are going on: First, McGee had a huge target on his back from day 1 - just being the son of former alderman Mike McGee was enough to draw fire. The FBI and the US Attorney's office have spent a great deal of time and resources focusing on City Hall in the past few years (and state officials, too). They have racked up some convictions (Pawlinski, Cameron, Henningson) but have had some colossal embarrassments (Thompson, Donovan). Given that very mixed record, one has to question the tactics and judgement of law enforcement in gathering evidence and bringing cases that are highly questionable.

Second, and related, the fact that no other business owners than this tight group of Arab businessmen (who cling together under pretty much any environment as they all deal with each other just to survive) testified about McGee's conduct seems instructive. Were they the only businesses in the district with liquor licences? Hardly. However, if McGee was as thoroughly corrupt as he was represented, wouldn't all the black, white and Asian license holders be lining up to testify? The 6th district has 86 licences listed here and the government included testimony from a very small group of closely aligned business owners that went to great lengths to enhance the target on McGee's back. Where were the rest? Undisturbed by McGee, apparently.

I saw only a small portion of the trial but it seems that the verdict is at least questionable given the intense focus by law enforcement and the context of the 6th district business environment. As to propriety of the Aldermadic Privelege, that will have to wait for another blog post, such as the one about overzealous prosecutors and TJ Perlick-Molinari, the hero of that day.

White Collar Crimes

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John A. Birdsall, Birdsall Law Offices, S.C.

135 W. Wells St., Ste 214, Milwaukee, WI 53203

414.831.5465 - www.birdsall-law.com

The Tragedy of Overzealous Prosecutors

Recently on this blog, my associate, TJ Perlick-Molinari, discussed a gang shooting case he won by talking about "The Tragedy of Gang Violence." It was, as he pointed out, a nasty and unnecessary shooting. What he failed to mention (or brag about!) is how important a vigorous defense attorney is in the process of criminal justice. Here, the state charged a shooting as a "party to a crime" which includes aiding and abetting, facilitating, conspiracy, etc., to commit the crime. However, the prosecutor alleged, through their victim, that our client did it directly.

The victim was just a rival gang member who was out to enhance his position and reduce his own prison time. It was a ridiculous case that never should have been brought and the jury saw right through it. If it hadn't been for TJ's aggressive defense, this client would be at Dodge Correctional Institution right now. The defense matters - though this is largely unseen and unrecognized by the public. TJ's post was far too modest - he was a hero that day for the cause of acting as a fundamental check on governmental power that ran amuk. Kudos to him and all like him that call out prosecutors and police without just rolling over and pleading clients out.

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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Suspicions

While thinking about the recent case of the corrupt, and now exposed, Special Operations Section (SOS) of the Chicago Police Department, I mused about the nature of our police, prosecutors and far too many judges to never take the word of the accused against someone in law enforcement. That inherently suspicious nature is, perhaps, inevitable. It is also very unfortunate. It is what makes many court proceedings unfair - often in the extreme - and leads to making the truth-finding function of the courts a sham formality. Perhaps a bit of perspective is needed as in these thoughts from the Father of Taoism, Lao-Tzu:

Once upon a time a man whose ax was missing suspected his neighbor's son. The boy walked like a thief, looked like a thief, and spoke like a thief. But the man found his ax while digging in the valley, and the next time he saw his neighbor's son, the boy walked, looked, and spoke like any other child. Similary:

The more laws and order are made prominent, the more thieves and robbers there will be. Lao Tzu

Perhaps we need to revisit the origins and power of the presumption of innocence........

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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