APPEAL from the Circuit Court of Cook County; the Hon. ROBERT
E. CUSACK, Judge, presiding.
MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:
Following a bench trial, defendant was convicted of disorderly conduct in violation of section 193-1(a) of the Chicago Municipal Code (Chicago Municipal Code, ch. 193, § 193, 1(a)) and fined $25.00. On appeal, she contends that her conduct does not fall within the purview of this ordinance.
At trial the following pertinent evidence was adduced.
John Santopadre, Chicago Police Officer
At about 2:15 p.m. on August 28, 1976, he noticed that a car was blocking the driveway at 1424 West Howard Street. He proceeded to write a ticket for the violation, when defendant approached him and informed him that both the vehicle and the driveway were hers. Because he had already begun writing the ticket, he told her he was required to issue it, but that she could appear in court. Defendant became hysterical and began yelling and screaming. "She caused a crowd to gather in the area and around the street." After trying to calm her, he finished writing the ticket and returned to his squad car across the street. Defendant followed him. After placing herself inside the open door, she repeatedly asked him to give her a pen so she could take down his name and star number. Because this information was on the ticket, he refused her requests. As she grabbed at the pen in his pocket, he grasped her arm and the pen broke. He then placed her under arrest.
Allena Justus on her own behalf
After observing Officer Santopadre ticketing her husband's car, she approached him and informed him that earlier that day another officer had told her to park in front of her driveway so other cars would not block it. Santopadre responded that she could not break the law either and wrote her a ticket. She then informed him that the other officer had also instructed her to take down the name and star number of any policeman ticketing her car. After telling her that this information was "on the car," Santopadre walked across the street to his vehicle. Although she followed him, she did not raise her voice or use profanity. Santopadre sat in the front seat and the car door was open. She asked if she could use one of the three pens in his pocket Santopadre responded by grabbing her arm and twisting it. He kept twisting her arm and put his hand on her neck. She began to cry. Finally, he placed her under arrest. At no time did she touch him.
She testified that as a result of this incident she suffered two broken toes and nerve damage to her neck requiring nine days in the hospital as well as 11 days of out-patient care.
She denied that Santopadre said that his name was on the ticket. Rather, she said the number of his car was on the ticket.
On cross-examination she admitted that she was aware that an officer's star number is on his badge. But she insists she did not have a chance to take the number down. She also acknowledged that she failed to ask her husband for a pen even though he was standing in the driveway. However, she knew he did not have one.
He is defendant's husband. He approached Officer Santopadre and defendant after the officer had grabbed her arm. Although Santopadre said defendant had his pen, she ...