Busch v. Bates

753 N.E.2d 1184, 323 Ill. App. 3d 823, 257 Ill. Dec. 558
CourtAppellate Court of Illinois
DecidedJuly 25, 2001
Docket5-99-0638
StatusPublished
Cited by17 cases

This text of 753 N.E.2d 1184 (Busch v. Bates) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Busch v. Bates, 753 N.E.2d 1184, 323 Ill. App. 3d 823, 257 Ill. Dec. 558 (Ill. Ct. App. 2001).

Opinion

JUSTICE MAAG

delivered the opinion of the court:

The plaintiff, Alva W Busch, a crime scene technician for the Illinois State Police, filed a four-count complaint against the defendants, Joseph Bates, Greg Fernandez, and Wayne Watson, Illinois State Police officers, on September 22, 1995, alleging that the defendants had conspired to defame his reputation. The circuit court granted the defendants’ motion to dismiss the plaintiffs second amended complaint. The court stated that since the defendants made the statements pursuant to their mandatory duty to cooperate in the internal investigation of the plaintiffs conduct as a crime scene technician, their statements were absolutely privileged against claims of defamatian so as to preclude actions for libel or slander. The circuit court dismissed the plaintiffs complaint with prejudice since both counts of the plaintiffs second amended complaint stated no alleged defamatory communication other than those statements made during and pursuant to the investigation into a disciplinary matter. The plaintiff filed a timely notice of appeal.

The relevant facts are as follows. The plaintiff claimed that while investigating a crime, he saw Bates threaten a suspect in a homicide investigation. Subsequent thereto, the plaintiff filed a complaint with the Illinois State Police regarding Bates’ conduct. On November 9, 1994, Bates wrote a memorandum to Master Sergeant Dennis Higgins regarding the plaintiffs conduct during the homicide investigation of Carlos Robertson. Bates stated, “[The plaintiff] withheld information and did an inadequate job.” Bates claimed that the plaintiff attempted to interview subjects at the scene of the crime and that it was not a crime scene technician’s job to conduct interviews or to “sit in” on an interview. Bates alleged that the plaintiff had information that connected a homicide in Belleville with the homicide of Robertson but that for a period of time he withheld that information from the agents working on the Robertson case. Bates claimed that the plaintiff did not properly process the scene of the crime. Bates ended his memorandum to Higgins as follows: “In summary, it is my feeling that [the plaintiff] should provide agents with all articles that are of evidentiary value and allow the agents to conduct the investigation unimpeded by his interference or input unless requested. Working with [the plaintiff] is an unpleasant experience that I try to avoid whenever possible.”

Fernandez wrote a memorandum to Master Sergeant Debra Land-man on November 17, 1994, expressing his concern about the plaintiffs conduct in the Robertson murder investigation. Fernandez stated that on November 3, 1994, he was the case agent for the Robertson murder investigation. When he arrived at the scene of the crime, he coordinated with the Illinois State Police officers, the crime scene technicians, the Washington Park police, and the coroner. Fernandez specifically told the plaintiff that if he needed anything with regard to the crime scene, he should coordinate with Fernandez. After Fernandez observed the plaintiff placing some items inside of his van, Fernandez asked the plaintiff what evidence he had found. The plaintiff stated that he had found a .380-caliber shell casing and that he had “dug a bullet out of the floor under the victim’s head.” The plaintiff claimed that he found no other evidence. The plaintiff told Fernandez that he was going to the hospital to examine the victim’s body. Fernandez told the plaintiff to call him after the examination. Fernandez also asked the plaintiff if he had any additional informatian for the agents. The plaintiff claimed that he had no further information. Approximately one hour after the plaintiff had left the scene, Fernandez called him at the hospital, since he had not heard from him. The plaintiff informed Fernandez that the victim had been shot twice in the head and that they needed to search for another .380-caliber casing. Fernandez told the plaintiff that he would get the key if the plaintiff would meet him at the Washington Park police department. The plaintiff never came to the Washington Park police department. Later that same evening, Fernandez received a telephone call from Captain Lay, commander of the major case squad. The major case squad was investigating the shooting death of a convenience store clerk in Belleville, Illinois. Lay explained that Larry Lorsbach, Illinois State Police crime lab supervisor, contacted Lay and advised him that firearms specialists were comparing the bullet that killed Robertson to the bullet that killed the convenience store clerk. Fernandez stated that this was the first time that he realized that the two crimes were possibly connected. Fernandez then contacted the plaintiff and asked him about the bullet comparison. The plaintiff informed Fernandez that forensic scientist Jim Hall was working on it. Fernandez inquired as to why the plaintiff had not informed him that he was taking this investigative step. The plaintiff did not respond. He told Fernandez that he would contact him when he received the results. Approximately one hour later, Fernandez learned that the bullets matched. Fernandez later learned that the plaintiff had first contacted Lay with this information and then contacted Fernandez through Illinois State Police radio. Fernandez stated in his memorandum that the plaintiff had attempted to “run the investigation.” Fernandez claimed that the plaintiff tried to get a picture of the suspect when he was confessing to his involvement in the murders. Fernandez and the plaintiff argued outside of the interview room. Fernandez later learned that the plaintiff was on the other side of the one-way mirror with two detectives and another crime scene technician while Fernandez and others were interviewing the suspect. The plaintiff criticized the officers that were conducting the interview. The plaintiff also told the others in the room what he was going to ask the suspect and whom he was going to interview. Fernandez claimed: “[The plaintiff] consistantly [sic] pryed [sic] in investigative matters that did not involve him. He criticized the agents!’] and detectives[’] work during the investigation. [The plaintiff] was a major distraction during this investigation.” Fernandez claimed that they returned to the crime scene at the plaintiffs request. The plaintiff supposedly wanted to search the house with a canine unit. Fernandez noticed that the plaintiff was standing in the driveway doing nothing while the search was in progress. Fernandez later saw the plaintiff interviewing a black female in the street. Fernandez requested that the plaintiff take additional photographs of the inside of the house, since the plaintiffs previous photographs did not depict the entire inside of the house. Fernandez closed his memorandum by noting that an investigation is a team effort and that the plaintiff had hindered this investigation.

According to Watson, Master Sergeant Mark Johnsey requested that agents provide written memoranda about their interaction with the plaintiff during the Robertson homicide investigation. Johnsey made this request after the plaintiff filed a complaint regarding the conduct of Fernandez, Dye, and Bates. Watson’s memorandum is addressed to Major Lonnie Inlow, Area V commander for the Illinois State Police.

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Bluebook (online)
753 N.E.2d 1184, 323 Ill. App. 3d 823, 257 Ill. Dec. 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/busch-v-bates-illappct-2001.