Rispoli v. Police Board

544 N.E.2d 1063, 188 Ill. App. 3d 622, 136 Ill. Dec. 288, 1989 Ill. App. LEXIS 1369
CourtAppellate Court of Illinois
DecidedSeptember 8, 1989
Docket1-87-0127
StatusPublished
Cited by10 cases

This text of 544 N.E.2d 1063 (Rispoli v. Police Board) 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
Rispoli v. Police Board, 544 N.E.2d 1063, 188 Ill. App. 3d 622, 136 Ill. Dec. 288, 1989 Ill. App. LEXIS 1369 (Ill. Ct. App. 1989).

Opinion

JUSTICE PINCHAM

delivered the opinion of the court:

Petitioner, Joseph Rispoli, a Chicago police officer, appeals from the trial court’s order which affirmed the City of Chicago Police Board’s (the Board’s) respondents’ decision to sever petitioner from the Chicago police department. The facts are as follows.

In June of 1982, petitioner, Rispoli, a Chicago police department detective, had been a City of Chicago police officer for 25 years, the latter 12 years of which he was assigned to the department’s central auto theft unit. Since October 1980, Rispoli had also been engaged in a secondary employment, as president and sole shareholder of Cardinal Car City, an automobile repair business.

In June of 1982, the Chicago police department undertook an investigation of Rispoli to determine whether he had been involved in using parts from a stolen automobile on another vehicle which Rispoli’s Cardinal Car City auto repair business repaired.

Two investigations were conducted. The first investigation was conducted by Sergeant Curran and Detective Dennis Hayes; both were also assigned to the central auto theft unit and were co-workers of Rispoli. On June 21, 1982, while Rispoli was on annual furlough, he was telephonically notified at his home by Sergeant Curran that he had been named in a criminal investigation. On June 29, 1982, Rispoli appeared with his attorney at the central auto theft unit to meet with Sergeant Curran. At that time, documents relevant to the investigation were tendered to Sergeant Curran by Rispoli.

This initial investigation was pursued from June of 1982 to November or December of 1982 and involved only a 1981 Oldsmobile owned by Lisa Alkazoff which had been repaired at Cardinal Car City, which as stated, was owned by Rispoli. Alkazoff’s 1981 Oldsmobile was allegedly repaired with parts from a 1982 Oldsmobile which had been stolen from Olympic Olds, an automobile sales company. During this initial investigation period, the investigators went to the Cardinal Car City premises and other locations to examine documents. In July of 1982, the investigators also interviewed Cardinal Car City shop foreman, Tad Bakun, and took the Alkazoff 1981 Oldsmobile from the Cardinal Car City premises to the police pound to examine it. When Sergeant Curran removed the panel on the right door, he saw a piece of paper glued to the panel. The paper was a broadcast sheet containing the serial number of the vehicle that the door was to be mounted on. The paper contained a vehicle identification number (VIN) belonging to the 1982 Cutlass Oldsmobile which had been stolen from Olympic Olds.

At the close of this first investigation, Sergeant Curran wrote a report, finding that the allegations that Rispoli had used stolen automobile parts in the repair of automobiles were not sustained. The report was signed by the commander of the central auto theft unit. Thereafter, Sergeant Curran received a written report from the State’s Attorney’s office to the affect that there was no case against Rispoli and the first investigation was closed.

The second investigation began in February of 1982 and was a reinvestigation of Sergeant Curran’s previous investigation of the Alkazoff 1981 Oldsmobile, as well as a broader investigation of allegedly stolen Volkswagen and Mazda automobiles. Sergeant Kark Kurth, an outside investigator from the Internal Affairs Division of the Chicago police department, was assigned to conduct this second investigation. Sergeant Kurth had experience in this field, having himself operated automobile body repair shops.

Sergeant Kurth reexamined the receipts tendered by Rispoli to Sergeant Curran. As a result of that examination, a subpoena was served upon Rispoli for his production of certain additional documents. Rispoli did not produce the documents. The State’s Attorney thereafter filed a rule to show cause why Rispoli should not be held in contempt for his failure to produce the documents. Rispoli appeared before the presiding judge of the criminal division of the circuit court of Cook County, who ordered Rispoli to surrender the relevant business records to the assistant State’s Attorney. Thereafter Rispoli’s attorney turned over three boxes of Cardinal Car City records to the assistant State’s Attorney.

The assistant State’s Attorney’s examination of the records revealed that accurate or authentic documents were missing as to certain transactions; additionally, some of the documents that were turned over were fraudulent and were from companies that did not exist. The assistant State’s Attorney never received certain original checks, particularly a $2,100 check payable to Tad Bakun, hereinafter again mentioned.

Sergeant Kurth also examined the documents Rispoli submitted supposedly relating to Alkazoff’s 1981 Oldsmobile car, but the documents he found were for a diesel engine, while Alkazoff’s 1981 Oldsmobile had a gasoline engine. Sergeant Kurth also found that the Cardinal Car City invoice of Alkazoff’s Oldsmobile did not match the Farmer’s Insurance Company’s estimate of the cost to repair Alkazoff’s car. The Farmer’s Insurance Company repair estimate was $6,500, which included about $3,000 in parts, whereas the Cardinal Car City invoice of the estimate of the Alkazoff’s car repair cost was for $3,200 and did not include the $3,000 for parts.

Sergeant Kurth sent paint samples from Alkazoff’s Oldsmobile repaired by Cardinal Car City to the FBI crime lab and received a report in February of 1983, which stated that a comparison of paint samples from inside Alkazoff’s car and paint samples from the stolen Olympic Oldsmobile revealed that the same paint was used on both, and that the two cars were painted at the same time.

Sergeant Kurth examined the Alkazoff Oldsmobile at the police pound and found, after removing the locks, that the covers on the front door locks had been removed and replaced with ones normally used for body shop work. The chrome on the trunk lock had been removed and replaced with the same kind of lock as on the stolen Olympic Oldsmobile. Additionally, in July and August of 1983, Sergeant Kurth submitted Rispoli’s handwriting exemplars to the State crime lab, from which he received two reports.

Based upon the results of this reinvestigation supervised by Sergeant Kurth, the superintendent of the Chicago police department filed charges before the Chicago Police Board against Rispoli, which sought Rispoli’s discharge from the Chicago police department. A hearing date on said charges was set and the hearing was continued periodically. During the interim, Rispoli stood trial on various criminal charges. The indictment, transcripts and verdicts of that criminal trial were not before the police board and are not included in the record in the instant appeal, with the exception of the testimony that Rispoli was found not guilty of the criminal charges.

Thereafter, on November 13, 1985, the Chicago police department superintendent withdrew the original charges against Rispoli before the police board and filed amended charges, in writing, with notice to Rispoli, who made no objection to the amended charges nor sought a postponement of the hearing thereon.

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Bluebook (online)
544 N.E.2d 1063, 188 Ill. App. 3d 622, 136 Ill. Dec. 288, 1989 Ill. App. LEXIS 1369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rispoli-v-police-board-illappct-1989.