After a nearly year-long investigation, no criminal charges were filed against Chicago Police officer Richard Fiorito, who had been accused of making false DUI arrests to boost his numbers and receive overtime pay, ABC News reports.
Fiorito was removed from the streets after multiple accusations accusing him of false arrests and targeting gay and lesbian motorists were filed. Attorneys representing nearly 40 such accusers tried unsuccessfully to prove that Fiorito routinely stopped motorists without probable cause.
Those who believed they were falsely arrested, via their Illinois DUI attorneys, pointed to dash-cam video footage they believed contradicts his written reports. But Dan Kirk, Cook County State's Attorney Anita Alvarez's chief of staff, simply stated that they lacked evidence:
"A number of the witnesses had severe credibility issues. And it was ultimately determined we wouldn't be able to meet our burden which in a criminal case is beyond a reasonable doubt."
The state attorney's office claims that many of the supposed victims of Mr. Fiorito were not credible after they reviewed their testimony from other hearings.
Mr. Kirk told ABC News: "Individual witnesses' testimony differed in ways that can't be explained between different hearings and that is all I can really say about it."
Defense attorney Mary Cay Marubio, quoted by ABC, expressed the anger still felt by many of those who believe they were wronged by Fiorito:
"I'd say it's a shock. A punch in the gut."
Regardless, Fiorito will remain on desk duty while an Internal Affairs investigation continues. At least 20 of Fiorito's DUI cases have been dropped by Alvarez, according to ABC.
A federal lawsuit against Fiorito is expected to continue.
Related Resources:
- Dozens Join Lawsuit against Chicago Police Officer (The Spectator)
- Knowing When An Arrest Is Legal (FindLaw)
- DUI - Arrest (FindLaw)
- Chicago DUI Lawyers (FindLaw)
