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CUBSLOSETHEIR COOLAGAIN

Silva-Ramirez dustup latest in recent North Side meltdowns


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Unbiased witness disputes authorities conclusion on altercation involving Mayor Daleys nephew. BY CHRIS FUSCO, TIM NOVAK AND CAROL MARIN | PAGE 2

Witness: Koschman wasnt the aggressor


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2 | CHICAGO SUN-TIMES | THURSDAY, MARCH 3, 2011

THURSDAY

INDEX

Astrology......................................44 Classified .....................................41 Comics ....................................31-33 Commentary................................21 Crosswords ...................... 33, 43, 45 Glare.............................................25 Letters..........................................22 Money ..........................................17 Obituaries ....................................37 Quick Hits ....................................54 Shopping......................................29 Showcase.....................................24 Sports...........................................50 Sudoku.........................................32 Travel............................................34 TV listings ....................................36 Weather .......................................30

States attorney: Not enough evidence to charge anyone in Daley nephews group
BY CHRIS FUSCO, TIM NOVAK AND CAROL MARIN
Staff Reporters

WITNESS: PROSECUTORS STATEMENT A FLAT-OUT LIE

COLUMNISTS

Brown.............................................6 Dear Abby ....................................28 Escalona.......................................22 Fountain .......................................21 Harris ...........................................54 Higgins.........................................21 Lavin.............................................28 Mitchell........................................12 Morrissey.....................................66 Rackl ............................................34 Roeper..........................................11 Savage .........................................17 Sedgwick .....................................29 Silver ............................................53 Sneed .............................................4 Stella ............................................20 Weiss............................................26 Wiser............................................24 Zwecker..................................24, 25

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Cook County prosecutors say they relied heavily on two unbiased witnesses in deciding they couldnt charge anyone in the death of David Koschman following a 2004 confrontation in the Rush Street area that involved Mayor Daleys nephew and three friends. Now, one of those witnesses says prosecutors conclusion that Koschman was the aggressor and had initiated the physical confrontation is a flat-out lie. The witness Michael Connolly, an information-technology manager who previously had been interviewed by the Chicago Police Department came forward Wednesday after reading a statement from prosecutors in Mondays Chicago Sun-Times. The states attorney said all the witnesses involved said that David was the aggressor. That was a flatout lie, said Connolly, 36, who was drinking on Rush Street with a coworker, Phillip Kohler. Connolly said they were about 4 feet away when Koschman fell backward after being pushed or punched after leaving a bar at 9 W. Division around 3:15 a.m. on April 25, 2004. What I saw was David definitely being mouthy, Connolly said of the 5-foot-5, 140-pound Koschman, a 21-year-old from Mount Prospect whod been out drinking with friends. I did not see David attempting to attack the other person. He was definitely moving toward the taller guy but not in an aggressive fashion. From what I recall, he was probably moving in to say something else. Connollys comments came as prosecutors defended their decision not to charge anyone in Kos-

Richard J. R.J. Vanecko, a nephew of Mayor Daley, shown here in 2004. David Koschman of Mount Prospect, seen here in his Prospect High School graduation photo, died in 2004 after a confrontation near Rush Street.
chmans death. Koschman had bumped into a group of four people that included Richard J. R.J. Vanecko, a Daley nephew. Words were exchanged. Koschman, who struck his head when he fell, ended up on the street, unconscious. Vanecko, whos 6-foot3, and a friend of his, Craig Denham, ran away, according to the police. Eleven days later, Koschman was dead of a brain injury. Koschmans four friends have told the Sun-Times he was punched by one of the three men in Vaneckos group. They identified two of them Denham and Kevin McCarthy in police lineups and said neither of those men hit Koschman. No one picked Vanecko out of a lineup. Assistant Cook County States Attorney Darren OBrien, who headed that offices felony-review unit at the time, said he and the police agreed no one could be charged. This was a case that had three major problems, in my opinion, before I could even think about pulling the trigger on charging anybody, OBrien said. There was contrary information given about the contact that was made between somebody in Vaneckos group and Koschman. Some people said it was a shove. Some people said it was a punch. . . . I couldnt find anybody that could identify the shover or pusher. Koshmans friends told me that Koschman even though he was a little guy when he was drinking, he was an aggressive type of personality, OBrien said. And, in this particular case, he was the aggressor. He would not let it go. Still, by all accounts, after the bump which might have knocked off Denhams glasses Koschman didnt strike anyone. Vanecko, who showed up for a police lineup with criminal-defense attorney Terence Gillespie, was the only person involved who wouldnt talk to the police. The police have refused to release reports from their initial investigation or from the re-investigation they began in January, after the Sun-Times sought files in the case. Prosecutors whose file on the case has disappeared never asked a grand jury to decide if anyone should be charged. If the case was there, and we could have charged it, we wouldve charged it, no matter who it is, OBrien said.

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