Crime & Safety

Detective Jackson's Criminal Defense Lawyer Questions Evidence

Videotape from Zobel's Tavern is a key component of the defense lawyer's motion.

Joliet Police Detective David Jackson faces two criminal charges as a result of a incident in March.
Joliet Police Detective David Jackson faces two criminal charges as a result of a incident in March. (John Ferak/Joliet Patch Editor)

JOLIET, IL — Former Will County Circuit Judge Carla Alessio Policandriotes is now fighting back against prosecutors who have charged her client, Joliet Police Detective David Jackson, 47, with two counts of domestic battery in connection with a disturbance at Jackson's long-time girlfriend's house in Crest Hill.

The incident in question occurred on Saturday night, March 10, at the woman's house on Root Street in Crest Hill. However. A motion filed this week at the Will County Courthouse by defense lawyer Policandriotes suggests that Joliet Police Department Lieutenant Joe Rosado may be withholding evidence that may be favorable to her client, who is also Jackson's coworker.

"Lt. Rosado at the direction of or with the consent of the Crest Hill police conducted an interview of the complainant," the former judge's motion reads. "It has been represented to the defendant that said interview by the Joliet Police of (Jackson's girlfriend) was recorded by either audio and or visual means ... the Joliet Police Department has not produced any memorandum of that interview through the special prosecutor."

Find out what's happening in Jolietfor free with the latest updates from Patch.

According to Policandriotes' motion, she also believes there was videotape from a Joliet tavern that could have be favorable to her client's defense as he contests the criminal charges.

Besides facing charges at the courthouse, Jackson is the subject of an internal affairs probe that could ultimately lead to his dismissal from the Joliet Police force, court records indicate.

Find out what's happening in Jolietfor free with the latest updates from Patch.

Rosado works in internal affairs.

"A certain video of the activities of the named complainant ... existed on the business premises known as Zobel's Tavern in Joliet, Illinois that might tend to negate the guilt of the defendant," Policandriotes' motion states.

Jackson's lawyer further informs the court that "an agent of the defendant attempted to procure a copy of said video and was directed by the owner, Frank Baloy, that in order for defendant to have a copy of said video that ... he would only release it if he was served with a subpoena or a 'release form.'"

About two weeks after the incident happened, the defense served a subpoena on March 22 at Zobel's Tavern at 11:50 a.m., Policandriotes contends.

On March 25, "the owner related to defendant's attorney that he had looked at the video and inquired as to necessity of its contents and the exact time frame for the copying ... By 4 p.m. on March 25, 2019, the owner, Frank Baloy, again spoke to defendant's attorney but then related that the video had looped in time and was no longer available for defense," the motion reads.

From the defense's standpoint, "the city of Joliet Police Department assisted in the delay of that purported evidence which tends to negate the guilt of the accused but also failed to ... protect and preserve it for the defense," Policandriotes argues.

Furthermore, Jackson has been provided a notice of an administrative interview with the Joliet Police Department internal affairs unit, involving Lt. Rosado, however, Rosado "has refused to provide the defense with a copy of the case file maintained by the city of Joliet police department that Lt. Rosado is conducting ...," the former judge contends.

Her motion asks the Will County judge assigned to Jackson's criminal proceedings to force the prosecution to provide any written statements obtained by Lt. Rosado or anyone employed by Joliet and also prohibit the prosecution "in presenting any evidence that rebuts the defense evidence that (Jackson's girlfriend) had notable preexisting injuries that were apparent before her allegations of abuse from the defendant."

Policandriotes also asks the court to bar "the state in presenting any evidence that rebuts the defense evidence that (Jackson's girlfriend's) demeanor, balance, mobility and balance are grossly affected by her consumption of alcohol and the combination of her multiple medications."

The case is currently set for a jury trial on July 1.

Jackson was put on restrictive duty at Joliet's Police Department following his arrest by Crest Hill Police in March. He was also forced to surrender his gun. He has been with the Joliet Police Department for more than 20 years and has investigated numerous homicides in recent years.

Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.