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June 04, 2008

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Cops must come to depositions unarmed, judge rules

By David Heinzmann
The Chicago Tribune

CHICAGO — The videotaped beating of a female bartender by an off-duty Chicago police officer has turned into a contentious lawsuit that took a dramatic turn recently when police officers involved in the case showed up for depositions carrying guns.

When Karolina Obrycka's lawyers protested that armed officers answering their hard-nosed questions created an atmosphere of fear, the city said on-duty cops had no choice but to wear their guns.

U.S. District Judge Amy St. Eve resolved the issue Tuesday, ruling that officers must leave their guns behind when they sit down with Obrycka's attorneys to answer questions. She also held that the depositions take place at the Dirksen U.S. Courthouse.

"The thing we wanted to accomplish was for the cops to not have guns in depositions," Obrycka's lawyer, Terry Ekl, said.

In a May 29 e-mail defending the practice, city lawyer Barrett Rubens said that during all depositions of police officers at Ekl's suburban office, "you should presume that they will be armed with their service weapons when they do so."

Jennifer Hoyle, spokeswoman for the city's Law Department, said the city tried to work out a solution with Ekl but was concerned that the officers—who are witnesses and not defendants in the case—should have a secure place to keep their weapons during questioning.

Other lawyers with experience deposing police officers said it is not uncommon for officers to be armed during depositions.

Obrycka is suing the city and Officer Anthony Abbate over the incident at a Northwest Side bar last year when security video captured the officer beating and kicking her after she refused to serve him another drink. The broadcast of the video on TV and online sparked a firestorm of criticism of police.

Copyright 2008 The Chicago Tribune

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