Mayor Pierce

 I feel qualified to speak to this article, having represented Mr. Sosa at trial, and continuing in my capacity as defense counsel in the pending post-trial motions and sentencing.  Having been present for the entire trial, and having waited throughout the jury deliberations with Mr. Sosa's family, I have some light to shed on the situation, as well as some questions to ask the mayor. 

First, the questions.  Mr. Mayor, I can't believe that I didn't notice you attending Mr. Sosa's trial at the Kane County Judicial Center in St. Charles; which days were you there?  Monday, April 24, 1995?  Tuesday, April 25, 1995?  Wednesday, April 26, 1995? Thursday, April 27, 1995?  Friday, April 28, 1995?  or Monday, May 1, 1995?  I realize that I was busy doing my job, defending Mr. Sosa, who was charged based on a theory of accountability, and who was never alleged to be the "shooter" in this drive-by which occurred on September 20, 1994. 

 Were you in court on the day that the victim testified that he was certain that Mr. Sosa was not driving the car involved or when that same young man testified that Mr. Sosa's passenger was not the person shooting at him?  Or were you present on the days that we presented our defense, bringing in the father of four who lived next door to the victim, who also testified that Mr. Sosa's car was not the car involved, and that he was sure of that fact, having gotten a good look at the perpetrator's car as it fled?  Were you there when that same neighbor testified that his own young daughter had just weeks before the shooting been hit by a car, and that, with that child now confined to a wheelchair, he paid special attention to cars in the neighborhood, especially those shooting at his neighbor's house, placing his children in further danger?

 Were you present on the day that I presented three independent unimpeached alibi witnesses, who testified that Mr. Sosa was shopping at a Fox Valley area sports store at almost the exact time of the shooting?  Were you present in court when two of those witnesses testified that they remembered Mr. Sosa from the "unique" shorts he was wearing, or when I entered into evidence the cash register journal tape of his purchase that day?  Or were you present on the day when Mr. Sosa's girlfriend testified of how she went to the store the next day after his arrest, to secure the proof of his innocence?  I must have been too busy to notice you in court, observing the system at work.

 But the system didn't work; it failed miserably, and continues to fail if allowed to be prejudiced and influenced by ill-conceived letters urging the court to sentence an innocent man to "the maximum amount of time."  The jury that convicted Jose Sosa, Jr. on May 1, 1995 of Attempt Murder and Aggravated Discharge of a Firearm did so out of fear and prejudice.  That is why this letter is also directed to the citizens of Aurora.  Please do not allow these emotions to cloud your vision of fairness and justice, for all of your citizens, including your minorities.  Watch carefully in the coming weeks and months to the recent arrests (Lionel Lane) for the murder of Mrs. Oberweis, and prepare yourself for the possibility that an innocent man was sentenced to 60 years in prison for a murder he did not commit. 

 Mayor Pierce concedes that it would be improper to "attempt direct communication to the judge" in Mr. Sosa's case, but has no qualms about spreading his views on the front page of the Beacon News.  This politically motivated tactic is not even thinly veiled;  it smacks of an outright attempt to influence the court.  Mr. Mayor, you were wrong to intervene in this case;   we have post-trial motions pending, and your input is not appreciated.  I would be happy to talk to you personally about the facts of this case, which might help you to render a more reasoned opinion.  My law office is in Batavia; the number's in the book. 

Kathleen Colton, Attorney at Law