A state appeals panel has ruled a Cook County judge was wrong to declare Anthony Abbate — a Chicago police officer convicted of a 2007 aggravated battery targeting a female bartender — remained entitled to his pension.
Cook County Circuit Judge Anna Loftus ruled in favor of Abbate in a lawsuit against the Retirement Board of the Policemen’s Annuity and Benefit Fund of the City of Chicago, which stripped Abbate’s pension following his conviction. Loftus determined the battery had no connection to Abbate’s service as a police officer and therefore couldn’t be used to invalidate his pension.
The Illinois First District Appellate Court ruled on the pension board’s appeal in an order issued Feb. 7. Justice Aurelia Pucinski wrote the opinion; Justices Michael Hyman and Carl Walker concurred. The order was issued under Supreme Court Rule 23, which may restrict its use as precedent.
Abbate joined the Chicago Police force in 1994. His felony conviction came in June 2009, two years after he was charged in connection with a video recorded attack on a female bartender at Jesse's Shortstop Inn on West Belmont Avenue. According to published reports, Abbate became angry when the bartender refused to serve him any more alcohol. He then walked behind the bar, and beat, kicked and punched her before leaving the tavern.
According to published reports, the bartender and her manager were then allegedly threatened by Abbate and some of his friends within the Chicago Police Department, and told to destroy the video recording of the incident. Instead, they turned the recording over to the media, who then broadcast it on television newscasts and online. Abbate was indicted and convicted on charges stemming from the attack.
Abbate was sentenced to two years of adult intensive probation, substance abuse evaluation, curfew and anger management classes. The First District Appellate Court rejected Abbate’s appeal of that conviction in 2010.
Abbate later filed an application to collect his retirement annuity benefits. The pension board denied that application in October 2019, finding Abbate was entitled only to a refund of his contributions. The decision included references to Abbate as evasive and noncredible, while also stipulating that “as direct result of Abbate’s 13-year CPD police officer status Abbate was of a state of mind that he could do whatever he wished in the bar. Abbate physically assaulted customers earlier in the day without anyone calling the police, whose response he did not fear. This further led to Abbate’s conduct later in the day when he felt shielded from reprimand or reprisal such that he felt he could commit the felonious act of aggravated battery on the bartender and have his friend watch the assault happen, taking no action to intervene to stop or report the same.”
According to Pucinski, the pension board also said “Abbate used his position as a police officer to interfere with a criminal investigation into his own conduct at the bar” and cited testimony from a federal civil trial in which a jury found in favor of the bartender against Abbate and the city. The panel rejected Abbate’s arguments alleging the pension board failed to support its conclusions and selectively included evidence.
“The mere fact that an opposite conclusion is reasonable or that the reviewing court might have ruled differently will not justify reversal of the administrative findings,” Pucinski wrote. “There was evidence to support the Board’s conclusion that Abbate was not concerned about being arrested that night because he was a Chicago police officer.”
There also, the panel continued, was testimony from Abbate admitting he was “highly intoxicated” but “was able to conveniently recall parts of the evening in order to explain his actions.”
The panel further rejected Abbate’s argument it should only consider a specific section of the Illinois Pension Code, explaining it would consider other cases interpreting similar forfeiture provisions, such as those affecting the General Assembly, Illinois Municipal Retirement Fund members and others.
The pension board was allowed to consider Abbate’s conduct after the arrest, the panel explained, and it did the same, “following the legislature’s charge to examine Abbate’s conviction in a way that deters police officers from violating the public trust and, at the same time, does not distort the clear words” of the Pension Code, Pucinski wrote. The panel further noted the federal civil jury determined the “moving force” behind Abbate’s actions was a “persistent widespread” CPD custom of inadequately investigating or disciplining officers.
“Within hours of committing the offense of aggravated battery, Abbate sought out the assistance of various people, including Chicago police officers,” Pucinski wrote. “He sought their assistance to obtain the videotape of the beating to thwart the police investigation. To obtain the videotape, he also threatened to use his position as a Chicago police officer by issuing DUI tickets and planting drugs on the employees and customers of the bar.”
The panel reversed Judge Loftus’ ruling, upheld the pension board’s initial decision and agreed Abbate forfeited his pension.