SCHAUMBURG, Ill. -- A former Schaumburg cop who pleaded guilty to drug charges is now fighting to have his conviction vacated.
Attorney Thomas Glasgow said the prosecutor withheld evidence that could have changed the outcome of the case against his client, Matthew Hudak, one of three former Schaumburg police officers accused of running a drug ring by re-selling cocaine and marijuana they stole from dealers and police seizures.
Hudak and Terrence O'Brien pleaded guilty. The charges against John Cichy were dropped the day his trial was supposed to start because of this new evidence involving the confidential informant and star witness. The criminal investigator was under investigation for theft and wire fraud and never charged in either case.
“That goes to the credibility of the CI and for the nature and motive of the investigation being brought,” Glasgow said.
Glasgow said that's evidence that was relevant to the case and the reason charges against Cichy were dropped. Had he known this, his client might not have pleaded guilty.
“It’s the same evidence that was used in the case, same CI, same transactions. It’s the same basis of the case,” Glasgow said.
In his petition, Glasgow said the assistant state's attorney, who was the prosecutor for all three men, was also the investigator of the state's star witness. She had intimate knowledge of both cases and was bound by law to turn over the information.
“If we’re going to try people we need to have an even playing field. All evidence laid out and then make an informed decision on what they planned to do,” Glasgow said.
State's Attorney Robert Berlin did not comment on the case but released a statement after charges against Cichy were dropped:
“Despite the policies implemented by my office, the assistants assigned to present the trial on February 13, 2018, learned on the eve of trial of criminal activity by the informant which had not been previously disclosed."
The assistant state's attorney in question is now in private practice.