Foxx’s Disturbing Response to Judge’s Declaration Prosecutor Was Lying

In the wake of accusations by Judge Michael McHale that one of Kimberly Foxx’s top prosecutors was lying in court, Foxx has a bizarre and troubling response.

Earlier this week, Cook County Judge Michael McHale declared that Foxx’s new head of the Conviction Review Unit, Michelle Mbekeani, was lying to the judge in court about whether a conflict of interest exists in the prosecutor’s office.

Mbekeani’s ties to an organization called Periodsentence.com, that assists offenders claiming innocence was under fire in McHale’s courtroom over an exoneration case. McHale said that the conflict was this: A person cannot on the one hand aid offenders making innocence claims at the same time they are sworn to protect the citizens as a prosecutor.

“The Illinois Supreme court firmly established that once an attorney (in this case a prosecutor) has retained and received the confidence of a client (in this case the People of the State of Illinois) she cannot serve adverse interests regardless of how innocent her motives or good intentions,” McHale said in a January 11. .

McHale also had some harsh words for Mbekeani, calling her answers to questions posed by the judge about her involvement in the organization “duplicitous, incomplete, evasive, and untruthful.”

“While the above legal principles certainly apply to ASA Mbekeani’s conduct, this court also placed great emphasis on her complete lack of candor and her brazen attempts to evade telling the truth. In this court’s 17 years on the bench and 32 years working in the criminal justice system, it has never seen such manipulative efforts used before a judge in open court and to such a degree,” McHale wrote.

Shocking statements from a judge to be sure, but the response from the Foxx administration may be just as troubling for a host of reasons, three of which move to the forefront.

Shortly after McHale’s declaration condemning Mbekeanie’s statements in the judge’s courtroom appeared, CWBChicago published a story containing a response from the Foxx administration, expressing support for Mbekeani:

“Michelle Mbekeani’s leadership of the Conviction Review Unit is anchored in her unparalleled experience, deep knowledge, and fervent dedication to justice reform. Her extensive legal advocacy and reform work make her ideally suited for this pivotal role. The concerns raised about a potential conflict of interest with her university-level practicum project are unfounded and detract from our critical mission.

Casting doubt on Michelle’s commitment and integrity leads to significant delays in our work, which have severe consequences – not only prolonging the wrongful incarceration of innocent individuals but also impeding the healing and closure needed by victims and their families,” the statement read.

The first most troubling aspect of Foxx’s statement: Judge McHale has asserted that an attorney has been untruthful and duplicitous in court. There is a little thing called the Himmel law in Illinois.

This law “requires lawyers with knowledge of misconduct by another lawyer to report it to the appropriate disciplinary authority.”

In the wake of McHale’s claims about Mbekeani’s truthfulness in court, aren’t Mbekeani’s supervisors obligated by law to notify the Attorney Registration and Disciplinary Commission (ARDC), which regulates the discipline of attorneys in Illinois rather than publish a long-winded press statement praising a prosecutor just accused of lying in court?

Second, shouldn’t all exonerations cases involving Mbekeani or her organization Periodsentence.com also be declared a conflict of interest and either ceased or reviewed?

Third, where is the Chicago mainstream media? The bombshell allegations by Judge McHale should have arisen from the myriad self-proclaimed investigative reporters in Chicago, but it didn’t. Nary a word from the Chicago Sun-Times or the Chicago Tribune. Their silence stands in stark contrast to their steady parroting of exoneration claims, many of which are laughable, and suggests once again that the Chicago media acts more as a PR outlet for Foxx than anything resembling an independent press.

Martin Preib is a retired Chicago Police officer. An author of three books, The Wagon and Other Stories From the City, Crooked City, and Burn Patterns, Mr. Preib’s written work has also been published in Playboy, Virginia Quarterly Review, New City, and Tin House.  For his essay appearing in Virginia Quarterly Review, Mr. Preib was awarded the Staige D. Blackford Award for Nonfiction in 2005. In addition to his role with the City of Chicago, Mr. Preib served as the Second Vice President of the Fraternal Order of Police Lodge 7.