Attorneys representing the mother of the victim, David Koschman, petitioned in December for the appointment of a special prosecutor based largely on information reported in a Sun-Times investigative series.
In its strongly worded, 50-page response, the state’s attorney’s office said the petition was riddled with “systematic speculation,” legal misstatements and factual errors and denied that any conspiracy existed to sweep the case under the rug.
“Remarkably and without question, the petition apparently accepts as true all of the hearsay statements printed in the Sun-Times articles, even though no proof exists that the portions of the statements published in the Sun-Times are themselves accurate or complete,” prosecutors wrote in the filing. “Not a single one of those news reports contains a verbatim account of what the witnesses actually said to the reporters.”
Lawyers for Koschman’s mother are expected to file a response in late February. Oral arguments are scheduled for March 6 before Judge Michael Toomin.
Koschman had been drinking in the Rush Street nightlife district in the early hours of April 25, 2004, when he argued with a group that included Daley's nephew, Richard “R.J.” Vanecko. During the altercation, Koschman was punched or shoved, causing him to fall back and hit his head on the street. He died 12 days later.
Prosecutors have said that no witness at the time was able to positively identify Daley's nephew as the one who struck Koschman, who was identified by some as the aggressor. No charges were ever filed.
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