Subject: [NEXTEL-1] Motorola Employee Arrested For Hacking Police System, Officer Dies After Struggle

From: Marcel <[email-masked]>
Date: Tue, 18 Feb 2003 02:57:40 -0500

Motorola Employee Arrested For Hacking Police System, Officer Dies After Struggle

Bily claims mistreatment while in police custody
BY TOM JOHNSTON
STAFF WRITER

William Bily, whose alleged tussle with Barrington-Inverness police officer Steven Graham
is said to have brought on the heart attack that killed the veteran cop, is claiming he
was denied food, left in his jail cell for extended amounts of time, and threatened while
being held in custody after the Aug. 25 tragedy.

“They blame him for the officer’s death obviously, and it’s unfortunate,” defense attorney
Frank Cece Jr. said. “It’s unfortunate how they treated him.”

The allegations, characterized by the defense as “cruel, mental, psychological, emotional,
and physical coercion and duress,” are part of a motion Cece made Friday with the goal of
having the court suppress the statements Bily made and prevent them from being used
against him.

A hearing on the motion is scheduled for Feb. 24.

Cook County Assistant State’s Attorney Steven Rosenblum declined to comment specifically
on the defense’s motion.

“We will deal with the motion in the courtroom like all motions should be dealt with,”
Rosenblum said. “I'm sure we'll have a detailed response to the motion in a court of law.”

Bily is charged with resisting arrest and interference with emergency communications,
which are misdemeanors.

Bily, who suffers from high blood

pressure, alleges he was transported to the Barrington-Inverness Police Department after
his arrest and put in a jail cell for about eight hours before any police officers had
contact with him. He also charges he went without contact from police for 36 hours after
the interrogation.

Bily further alleges he was not given dinner on Aug. 26, but in the evening hours he saw a
police officer carrying a dinner tray walk past his cell and flush his meal down the
toilet.

The motion also states Bily was not given breakfast or lunch before and after his
interrogation on Aug. 27.

Graham, 53, a 29-year veteran with the Barrington-Inverness force, had gone to the home to
arrest Bily for tampering with police radio frequencies, something authorities say the
Motorola employee had been accused of several times in the last few years.

Graham struggled with Bily, then, after placing the suspect in handcuffs on the ground,
stood up, suffered a heart attack and collapsed, authorities said.

The Cook County Medical Examiner’s Office ruled Graham’s death a homicide after
determining his heart attack was caused by Bily’s alleged resistance to the arrest.

Still, Graham’s health conditions, which included hypertension, diabetes, and “terrible”
coronary artery disease, were so poor he should not have been working in such a physically
demanding job, said the medical examiner’s office spokesman who performed the autopsy.

Cece will likely harp on Graham’s health conditions to defend Bily in a trial, for which
he opted over the court’s recent offer of serving 60 days in jail.

“This is not a murder case,” Cece said. “They were unjustified in holding him (for nearly
47 hours). When you go more hours without police than with police, there’s a problem.”

Cece stated previously that prosecutors will not be able to prove Bily resisted arrest and
the officer’s health conditions were the true cause of his death.

In fact, Cece says his client, a Vietnam War veteran, tried to administer CPR on the
fallen officer after the first officer on the scene failed to resuscitate him with a
defibrillator that appeared to have malfunctioned.

“If we prevail on this motion, this will be an interesting trial to say the least,” Cece
said. “I think the judge needs to know what really happened instead of all the allegations
that are out there.”

 http://www.pioneerlocal.com/cgi-bin/ppo-story/localnews/current/ba/01-23-03-5450.html

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