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Foxx to curtail prosecutions vs offenders caught in certain car searches; Fioretti pledges to reverse on 'Day One'

COOK COUNTY RECORD

Saturday, November 23, 2024

Foxx to curtail prosecutions vs offenders caught in certain car searches; Fioretti pledges to reverse on 'Day One'

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Cook County State's Attorney candidate Bob Fioretti said he would reverse Foxx's new policy on "Day One," if he is elected. | Facebook

A controversial new policy from outgoing Cook County State's Attorney Kim Foxx, generally forbidding prosecutors in her office from moving ahead with cases for illegal gun possession and other offenses resulting from certain kinds of traffic stops, would be immediately reversed in 2025, the Republican candidate for Foxx's job has pledged.

The Democratic nominee for Cook County State's Attorney, former judge Eileen O'Neill Burke - who ran on a pledge to prosecute felony gun charges to the fullest extent of the law - has thus far seemed to keep quiet on her thoughts about the policy change.

This week, Foxx - a controversial figure long characterized by opponents and others as being soft on crime - confirmed in media interviews that she had drafted a new policy in her office concerning prosecutions resulting from police searches of vehicles stopped solely for "minor" violations and not because of a threat to public safety.


Cook County State's Attorney Kim Foxx | Youtube screenshot

Such non-public safety stops could include instances in which police pull over a motorist for operating a vehicle with expired registration or for broken headlights or tailights.

Under Foxx's policy, the Cook County State's Attorney's office would be blocked from prosecuting any felony charges resulting from such charges, including charges related to illegal gun or drug possession.

Foxx said the policy change was needed because, in her opinion, police officers in Chicago and elsewhere were using such stops as a substitute for other kinds of stop and search policies that were prohibited under various directives and decrees, such as the so-called "stop-and-frisk" policies.

Foxx asserted such policies are racist and discriminatory, and are used disproportionately against black and Latino residents of Chicago and other communities in Cook County.

"Decades of data demonstrate that these stops do not enhance public safety. Instead they perpetuate a cycle of mistrust and fear, especially in under-resourced communities. This draft policy is a crucial step towards rebuilding that trust," Foxx said in a statement, published in other reports.

The policy change, however, has drawn bipartisan criticism from opponents who assert Foxx's policy is further binding the ability of police to combat crime, especially in black and Latino neighborhoods and communities in which violent crime and illegal drug sales are often the worst.

Chicago Ald. Silvana Tabares, who represents the city's 23rd Ward, called the policy change "probably the most outrageous and pro-illegal firearm action from an already reckless, soon-to-be ex-States (sic) Attorney," in a statement posted to X, formerly known as Twitter.

"It strips officers throughout the county of an essential tool to get illegal guns off our streets," Tabares said. "Residents are demanding we do more to keep guns out of hands of criminals and make their neighborhoods safe. This does the opposite."

She said further: "This policy grants additional and extra protections to dangerous criminals using their vehicles to transfer weapons through our neighborhoods to commit crimes."

Illinois Comptroller Susana Martinez also weighed in on X, saying the policy change was "unbelievable, yet sadly completely believable."

"This Kim Foxx policy will help keep illegal guns in the hands of criminal offenders, rather than getting them off the streets," Mendoza said. "Future victims deserve better. Looking forward to a new States (sic) Attorney who'll follow and enforce the law."

Foxx is not seeking reelection this fall.

In March, former Illinois Appellate Justice Eileen O'Neill Burke edged out attorney Clayton Harris III in the race for the Democratic nomination to replace Foxx. Harris had been backed by Foxx's chief political allies, including Cook County Board President and Cook County Democratic Party Chairman Toni Preckwinkle.

In her campaign, Burke had pledged to undo many of the policies and programs enacted by Foxx, and return the State's Attorney's office to focus on prosecuting violent criminals. Harris had pledged to continue Foxx's policies.

Burke has also pledged to aggressively prosecute criminals charges with crimes involving guns.

The Cook County Record reached out Burke's campaign for her reaction to Foxx's policy change regarding prosecuting felony charges resulting from traffic stops for non-public safety-related offenses.

Burke's campaign did not respond, and has posted no comment on the policy change, thus far.

On the Republican side, State's Attorney candidate Robert Fioretti said he believed Foxx's policy is unconstitutional and a dereliction of her duty as the county's chief prosecutor.

Fioretti said the policy effectively undermines longstanding U.S. Supreme Court precedent which clearly states police officers do not violate people's Fourth Amendment rights by initiating searches of their vehicles with probable cause during a traffic stop, even if for offenses Foxx or other supporters of her policy change believe to be minor or unimportant.

"This will cost lives in neighborhoods that need the most protection," Fioretti said.

He pledged to reverse and abandon the non-prosecutorial policy "on Day One," should he be elected.

"Kim Foxx apparently believes her job is to be the second defense attorney in the courtroom," said Fioretti. "Her distortion of the role of the State's Attorney's office is dangerous and has wrecked havoc at every level of our criminal justice system.

"Pretextual stops are already unconstitutional, in part because they unfairly target minority drivers. This proposal goes far beyond that and makes our neighborhoods more dangerous places to live in."

Fioretti declined comment on Burke's silence thus far on Foxx's likely prosecutorial policy change.

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