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06/28/96 PEOPLE STATE ILLINOIS v. WILLIAM P. DAVIS

June 28, 1996

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
WILLIAM P. DAVIS, DEFENDANT-APPELLEE.



APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. HONORABLE JAMES M. SCHREIER, JUDGE PRESIDING.

Released for Publication August 13, 1996.

The Honorable Justice Wolfson delivered the opinion of the court: Campbell, P.j. and Braden, J., concur.

The opinion of the court was delivered by: Wolfson

The Honorable Justice WOLFSON delivered the opinion of the court:

William P. Davis, Director of News Affairs for the Chicago Police Department, was indicted on three counts of official misconduct. The charges were based on his purported relationship with Melvin Reynolds. The trial court granted a pre-trial motion to dismiss the indictment. We find the three counts of the indictment do not strictly comply with section 111-3(a)(3) of the Code of Criminal Procedure (725 ILCS 5/111-3(a)(3) (West 1992)). Therefore, we affirm the trial court.

THE STATUTE AND THE INDICTMENT

Our inquiry is limited to the words of the indictment. We are not free to consider the adequacy of the evidence that supports it or any defenses that may exist. People v. Lightner, 145 Ill. App. 3d 741, 745, 496 N.E.2d 269, 99 Ill. Dec. 694 (1986). The ability of an indictment to withstand a motion to dismiss must be judged without regard to any additional specificity supplied by a bill of particulars. People v. Meyers, 158 Ill. 2d 46, 53, 630 N.E.2d 811, 196 Ill. Dec. 646 (1994).

For that reason, we set out each count of the indictment, followed by the words of the section of the Official Misconduct statute alleged to have been violated by a "public officer or employee" acting "in his official capacity." (720 ILCS 5/33-3 (West 1992).)

COUNT I

"Beginning on or about June 7, 1994, and continuing on and through August 12, 1994, at and within the County of Cook, Illinois, William P. Davis committed the offense of Official Misconduct in that he, a public employee, to wit: Director of News Affairs for the City of Chicago Police Department, in his official capacity intentionally or recklessly failed to perform a mandatory duty as required by law, to wit: William P. Davis failed to report promptly to the Chicago Police Department information concerning crimes and unlawful conduct involving Melvin Reynolds, in violation of the City of Chicago, Department of Police Rules and Regulations, November 1, 1975, Article IV, Subsection D and Article V, in violation of 720, Act 5, Section 33-3(a) of the Illinois Compiled Statutes 1992 as amended, and contrary to the statute, and against the peace and dignity of the same People of the State of Illinois."

STATUTE

Section 33-3(a): "Intentionally or recklessly fails to perform any mandatory duty as required by law***"

COUNT II

"On or about June 7, 1994, at and within the County of Cook, Illinois, William P. Davis committed the offense of Official Misconduct in that he, a public employee, to wit: Director of News Affairs for the City of Chicago Police Department, in his official capacity, knowingly performed an act which he knew he was forbidden by law to perform, to wit: he disseminated information concerning a pending Chicago Police Department investigation, in that he contacted Melvin Reynolds, the subject of that investigation, and communicated to Melvin Reynolds the nature and progress of that investigation, in violation of the City of Chicago, Department of Police Rules and Regulations, November 1, 1975, Article IV, Subsection D and Article V, in violation ...


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