Mar 11, 2008 6:19 pm US/Central
Cop's Plea Deal Collapses In Beating Of Bartender
Anthony Abbate Was Allegedly The One Seen On Security Tape
CHICAGO (CBS) ―
An expected plea agreement fell apart Tuesday morning for Anthony Abbate, the Chicago Police officer accused of beating a female bartender.
Attorneys must now head back to court for further discussions. If another plea deal is not reached, Abbate will have to go to trial.
Standing before Cook County Criminal Court Judge John Fleming, attorney Peter Hickey, representing Abbate, said negotiations with the prosecution broke down. The disgraced Chicago Police officer walked out of court to await the next hearing, scheduled for April 30.
When Abbate walked into the Criminal Courthouse at 26th and California, he entered alone through the front door. There were no special accommodations made for him, and he had no comment.
The victim, bartender Karolina Obrycka, also showed up for the hearing. She sat in the same courtroom, across the aisle from Abbate.
This was the first time Obrcyka has seen Abbate since Feb. 19, 2007, when the beating took place at Jessie's Shortstop Inn, at 5425 W. Belmont Ave. She cowered when she saw him, and said she is still afraid of him.
"Him being so close, I was actually kind of scared," Obrycka said.
In a security videotape seen around the world, the 250-pound off-duty officer is allegedly the one seen punching and kicking the 115-pound female bartender.
Obrycka said she stopped serving Abbate because he was drunk and combative.
Abbate was charged with aggravated battery. He was also charged with official misconduct and trying to intimidate witnesses to the beating after another tape emerged showing friends allegedly trying to bribe the bartender to keep from pressing charges.
But the fallout went beyond the charges. Initially, police were criticized for waiting a month to arrest Abbate and originally charging him only with misdemeanor battery. Published reports said it drudged up a stereotype the Chicago Police Department has been trying to shake since officers were seen on video beating protesters outside the 1968 Democratic National Convention.
Ultimately, the scandal helped lead to the resignation of police Supt. Philip Cline. When current Supt. Jody Weis took office, he said taking action against rogue officers would be a major part of his agenda.
Obrycka's civil attorney, Terry Ekl, expressed surprise at Abbate's decision not to plead guilty.
"We are as surprised as you are that didn't happen," Ekl said. "We were told last week that it was likely that the sentencing hearing would be conducting at a future date, but it was our understanding that Abbate was going to enter pleas of guilty today, so I'm very surprised."
Ekl was not involved in the plea agreement negotiations, but he said he and Obrycka would be happy to see the case go to trial because the videotaped evidence is so strong.
Also Tuesday, the Independent Police Review Authority recommended that Abbate be fired from the Police Department.
"Officer Abbate is sworn to uphold the law, but over a period of several hours, he continued to break the law and later misused his position and power as a sworn police officer in an attempt to cover up his misconduct," IPRA Chief Administrator Ilana Rosenzweig said in a news release. "He has brought discredit upon the Police Department and the City of Chicago."
The IPRA's recommendation has been accepted by Police Supt. Jody Weis, who will present it to the Chicago Police Board, the release said.
Weis also released a statement about Abbate and the IPRA's decision to recommend his firing.
"The actions of Anthony Abbate crossed the line and are unacceptable under any circumstances. Today's conclusion further illustrates the Department's commitment to root out bad cops who violate the public's trust and the professional integrity of those who serve honorably everyday," Weis said in the statement.
"This will hopefully bring closure to… a very sad chapter in our history," Weis told reporters.
CBS 2's Joanie Lum, Dorothy Tucker and the Associated Press ontributed to this report.
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