20 | CHICAGO SUN-TIMES | WEDNESDAY, APRIL 6, 2011

WHO KILLED DAVID KOSCHMAN? | A WATCHDOGS INVESTIGATION

WEIS: GIVE KOSCHMAN WITNESSES POLYGRAPHS

We dont know whos lying. But somebodys not telling the truth.
BY CHRIS FUSCO AND TIM NOVAK
Staff Reporters

Four friends of David Koschman told detectives earlier this year theyd be willing to take lie-detector tests to back up their recollections that Koschman wasnt being physically aggressive when he was punched in the face by a nephew of Mayor Daley in a drunken confrontation in 2004 that led to his death. Its time for someone to take them up on that, former Chicago Police Supt. Jody Weis says. Some of the witnesses have said, Hey, the stories are different. We did not say this guy [Koschman] was the aggressor . . . Weis said. If theyre willing to take polygraphs, thats kind of a simple way to at least help you get pointed in the right direction. In an interview, Weis said he was the one who ordered a new set of detectives to re-examine the evidence in January, after the Chicago Sun-Times asked for documents from the 7-year-old case. The police formally closed the investigation on March 1, which was Weis last day on the job. They concluded that Vanecko shouldnt be charged because he acted in self-defense when he punched Koschman, 21, in the face about 3:15 a.m. on April 25, 2004. Koschman hit the back of his head on Division Street and died from a brain injury 11 days later. According to police reports, the friends who had been out with Koschman told detectives he was being physically aggressive. They told the Sun-Times thats not true and they never told the police it was. Responding to reports in the Sun-Times, Joseph Ferguson, the city of Chicagos inspector general, has opened an investigation into how the Chicago Police Department handled the case.

Former Chicago Police Supt. Jody Weis.

Weis said he supports Fergusons involvement. Heres more from his interview: Q. What prompted you to ask a new set of detectives to review the police investigation from seven years earlier? A. I had no idea that this case was open, that it existed, that it ever took place. It happened a long time ago. When I learned it was outstanding, I was like, Hey, lets get this thing wrapped up. We had one of our deputy chiefs, Dean Andrews, look at the case from A to Z, and, based upon the information that he reviewed, he made the

| JEAN LACHAT~SUN-TIMES LIBRARY

decision we should close it, there doesnt seem to be any foul play or any ill intent here. Now, apparently, theres been new information thats come up, and certainly that merits a second look. But I didnt know the case even existed until it was brought to me, probably it might have been by the Sun-Times [records] requests. Q. Is it common when a Freedom of Information Act request comes in for the police to re-investigate what happened? A. Sometimes, it triggers it. You could have a case from seven

years ago all the administration has changed. The chief of detectives is new. We got a new deputy superintendent over the Bureau of Investigative Services. Many regime changes have taken place in seven years. So, unfortunately, in some instances, sometimes new people come in and its not on anybodys radar screen because its at least its been thought to have been resolved. Q. Cant a homicide case stay open? A. Oh, they can stay open forever until theyre solved. But you had a case that at least based upon the information at the time, based upon the information that the detectives were aware of it didnt seem to have that intent, you know, to show a murder. It could be self-defense, it could be an accident. So we kind of knew who all was involved. It was just a matter of determining what do we want to do with this case. You get a declination, or you brief it to the states attorneys office. They make a decision. Youre in consult with them, based upon the facts. . . . Now, you have conflicting stories. Whenever you have that, now it means, OK, weve got to find the truth. We dont know whos lying. But somebodys not telling the truth if you now have witnesses saying stories that might be 180 degrees out. . . . I was very encouraged they did say . . . that theyre willing to take polygraphs. We have to get this right. I dont think theres any indication of any nefarious intent or anything such as that. But we do have some inconsistent stories right now. At the end of the day, it doesnt really matter whether its the mayors nephew. Theres a human being thats dead. We have to make sure we run this all the way out, to make sure that justice is served. Q. Whats your reaction to Ferguson investigating? A. Joe is very diligent. Hes a former federal prosecutor. He certainly has the right to look at that, and hell do a terrific job.

State Police: Another agency should investigate

A day after rejecting Cook County States Attorney Anita Alvarezs request to mount an independent investigation into the Chicago Police Departments handling of a homicide case involving a nephew of Mayor Daley and White House Chief of Staff William Daley, Patrick Keen, the interim director of the Illinois State Police, suggested that the case should be examined instead by an agency that could convene a grand jury. Upon review, I have determined that the Illinois State Police is not the appropriate entity to conduct the requested review of the 2004 investigation, Keen wrote in a letter to Alvarez made public Tuesday. Accordingly, the case file is enclosed and is being returned for further handling as you deem appropriate, whether by naming an independent, special prosecutor who, unlike ISP, if warranted, could convene a grand jury to hear statements made under oath, or by referring the matter to another criminal justice entity with similar powers. The State Police declined to comment on the letter, or why the agency initially agreed on March 24 to investigate the way the Chicago police handled their investigation of David Koschmans violent death after a drunken altercation with Daley nephew Richard J. R.J. Vanecko. An Alvarez spokeswoman said Monday the states attorney was surprised and disappointed by the decision by the State Police and said Alvarez is still looking for an outside law-enforcement body to examine the case. Joseph Ferguson, Chicagos inspector general, is investigating how the case was handled by Chicago Police. Tim Novak and Chris Fusco