Chicago City Wire

A former Deputy Supervisor of the Felony Review Unit (FRU) in the Cook County State’s Attorney’s Office (CCSAO) is expressing concern over the expansion of a program that allows police officers to file felony charges in certain gun cases without approval of the FRU.

Nick Trutenko, Deputy Supervisor from 2013 to 2020, told Chicago City Wire that he supports the expansion of the program from the CCSAO’s Englewood District to the Calumet District on the Far South Side, but it does represent a “mixed bag of interests.”

“On the one hand, effective law enforcement and community safety is better served by the police being out on the street, and not being tied up on the phone in the police station seeking approval from Felony Review,” Trutenko said. “On the other hand, everyone in the criminal justice system is better served by doing everything, within reason, to making sure we get it right.”

He added that the law covering gun violations (UUW) is “lengthy and complicated.”

“Felony Review ASAs [assistant state’s attorneys] are trained trial attorneys, who routinely make sure that the charges sought by the police in fact meet the elements of the statute, and that there are no legal exemptions to charges which are otherwise chargeable," Trutenko said. "This is not always an easy calculation, even for the most experienced trial attorney.”

The expansion of the "Bypass Pilot Program" was announced on April 4 by State's Attorney Eileen O’Neill-Burke with an eye towards expanding the program even further.

The program allows police to file charges for unlawful possession of a weapon, unlawful possession of a weapon by a felon and aggravated unlawful possession of a weapon—all felonies.

The expansion was met immediately with condemnation from City Council members who represent Englewood. Ald. Jeanette Taylor (20th) told WTTW that the move is racially motivated.

“Unless you’re Stevie Wonder or Helen Keller, you can see it,” Taylor said. “We’ve got to have fairness in our justice system.”

At a news conference, O’Neill-Burke and police Superintendent Larry Snelling defended the program.

“This bypass program has nothing to do with railroading anyone,” Snelling said. “So, when you hear that, it’s nonsense. What we are trying to do is to be as strategic as we can about getting to the bottom of violent crimes and that our officers’ time is being utilized in the best interest of everyone in this city.”

Trutenko said some of the factors that arise in almost every charging decision will relate to probable cause, and search and seizure. The working knowledge of trained professional Felony Review attorneys in these considerations usually proves helpful in the charging analysis.

If Felony Review is removed, Trutenko recommends that police academy training be “enhanced with live interaction with Felony Review ASAs, who can explain the statute, probable cause, and search and seizure issues; and how this all plays out in a courtroom.”

“I would also recommend that the police periodically attend continuing legal education in these matters from Felony Review,” he said.