Misconduct in Chicago.....why did this happen?

The Chicago Sun-Times

March 12, 2008

No plea deal for cop in bar attack Prosecutors demand prison time for officer seen on tape pummeling bartender; police superintendent wants him fired

BY ERIC HERMAN AND FRAN SPIELMAN Staff Reporters

A possible plea deal in the case of Anthony Abbate -- the Chicago cop whose beating of a female bartender was captured on videotape -- fell through on Tuesday, just as the city's new police review board recommended firing the officer.Abbate, 39, is charged with beating Karolina Obrycka at Jesse's Shortstop Inn on the Northwest Side on Feb. 19, 2007. Last month, his lawyer, Peter Hickey, entered plea negotiations with prosecutors, and some had expected Abbate to plead guilty Tuesday."We came here today believing that Abbate was going to be entering a plea of guilty on multiple charges ... so I'm very surprised," said lawyer Terry Ekl, who is representing Obrycka in a suit against the city. At a court appearance Tuesday morning, Hickey told Judge John Fleming that plea negotiations had "not proven fruitful."Talks broke down over the issue of sentencing, sources said. Prosecutors were adamant Abbate serve time in a state penitentiary, while Hickey sought probation for his client."We are opposed to any sentence that wouldn't send him to the Illinois Department of Corrections, " Assistant State's Attorney David Navarro said after court.Ekl said he was told Fleming planned to sentence Abbate to 30 days in Cook County Jail -- of which Abbate would serve 15, or 90 days of home confinement, along with probation. But Tuesday's proceedings cast doubt on that outcome."The word has been filtering around for several weeks now that the judge was going to give probation and little or no jail time," Ekl said.

Meanwhile, the Independent Police Review Authority recommended Abbate be fired, and Supt. Jody Weis agreed. Abbate has been relieved of his police powers and is not drawing a paycheck. For him to be fired permanently, the Chicago Police Board must follow Weis' recommendation.Weis said it was impossible to calculate the beating's damage to the Police Department. "The action was horrific. . . . It's having a horrible effect upon morale," he said."That's not what the Chicago Police Department does. It's not what the Chicago Police Department is. This will hopefully bring closure to that very, very sad chapter in our history," Weis said.A security videotape -- played countless times on the Internet and cable shows -- depicted the 250-pound Abbate pummeling 115-pound Obrycka after she refused to serve him more drinks. After the beating, Abbate allegedly threatened Obrycka and others through intermediaries to keep them quiet, prosecutors said.'He's just a big guy'Abbate is charged with multiple felonies, including aggravated battery in a public place, official misconduct, intimidation and communicating with a witness. He faces a maximum of five years in prison.

Expecting a plea deal, Obrycka also showed up at court Tuesday. When Abbate passed her in the hallway, she turned away."Him being so close, I was actually right now scared," said Obrycka, 25."He looks as big as he was that first time. He's just a big guy," she said.

Contributing: Frank Main

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