Bar Beating | Video Transcript

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[GRAPHIC: Anthony Abbate]

ANCHOR: Well back here at home, many people remember the video, but few can believe the sentence. A 250-pound police officer, Anthony Abbate was caught on tape beating a female bartender half his size. He's convicted, but he will spend no time in jail.

The video outraged the world. The sentence has shocked the city.

FEMALE VOICE: Probation, just--that's ridiculous.

ANCHOR: Anthony Abbate is the off duty police officer shown in the video beating a female bartender half his size. He was convicted of felony battery and could have gotten five years. But the judge decided on two years probation, no jail time.
MALE VOICE: It seems like, you know, you should get some jail time for that.

ANCHOR: The victim, Karolina Obrycka agrees.

KAROLINA OBRYCKA: I'm very disappointed that Anthony Abbate didn't, didn't apologize, didn't appreciate anything.

ANCHOR: Abbate's attorney says his client just acted in self-defense.

MALE VOICE: If you look at the video, he did not attack, he reacted.

ANCHOR: The judge's justification? Abbate had no prior record, went to rehab, didn't attack anyone again and didn't seriously injure the bartender.

FEMALE VOICE: So she should have died before he would get the just punishment? I don't think so.

MALE VOICE: That's a very sad day for the Chicago Police Department. I pray that it never happens again.

ANCHOR: To be sure it doesn't happen again; one organization is going after the judge.

FEMALE VOICE: We intend to make sure that Judge John Fleming is never elected to the Circuit Court or any other position in the state of Illinois ever again.

ANCHOR: Well joining us now to talk about this, defense attorney Thomas Glasgow, WVON talk show host, Perri Small. Thomas, I want to start with you.

THOMAS GLASGOW: Okay.

ANCHOR: People were outraged by this sentence out there in the public, but how is the legal community reacting to it? Is it really an outrageous sentence?

THOMAS GLASGOW: It's expected. The law actually commands the judge to go forward and the court shall impose a term of probation unless the code prohibits it, and in this case it doesn't, or if it ends up deprecating the offense, which the judge determined that it wasn't, or that it would prevent someone from doing this again, which he also specifically found that it wasn't.

There's a third element which doesn't apply here, but the judge was commanded by the statute to give probation in this matter. And if it had been anyone else, they would have more than likely ended up with probation as well. No one in the legal community was really surprised that he got probation.

ANCHOR: So Perri, what are your listeners saying about that because I know the community was pretty surprised.

PERRI SMALL: Oh they're outraged. And part of the problem is, is that the just see it as another, another Chicago police officer who has gotten away with a crime against the community. And they just don't like it. And they just see it as just business as usual when it comes to Chicago cops and the justice system.

ANCHOR: All right, now I, I have to say Thomas; I did read in the paper this week one legal expert from the University of Chicago say something. The judge could have considered the breach of public faith and public trust. Isn't that a legitimate thing that the judge could have taken a look at and considered as well?

THOMAS GLASGOW: It is, but I think Judge Fleming took that into account when you have to understand this man's been convicted of a felony. He will never work in his chosen profession again. He can't testify in any cases. His credibility is completely shot. He's done.

And at some level, the court understands that has to be punishment enough for here. There wasn't great bodily harm. She's not permanently disfigured. She was attacked. Is it outrageous? Yes it is. Does it warrant probation? Yes, it does.

ANCHOR: Okay, so Perri there is the National Organization for Women that is now saying they're going to go after the judge. They're going to make sure he's never elected to the Circuit Court, as you just heard, and maybe any other office. Is their response appropriate to you, do you think?

PERRI SMALL: I think it's appropriate in, in terms of public opinion. I think it's very appropriate. I think that it's going to be--people have very short memories. And maybe Judge Fleming will not be remembered when it comes up to election time.
ANCHOR: What do you think? Do you think it's appropriate for NOW to go after? Because I think what they believe it that this is sort of saying that a woman being beaten doesn't necessarily mean something to the justice system. Do you think it's appropriate for them to go after him?

THOMAS GLASGOW: Well, the actions are outrageous, there's no question about that. But to punish a judge for following the dictates of the law that the legislator put in place is like punishing a doctor for diagnosing you with whatever disease that you have. He's simply following the law. He's doing his job.

ANCHOR: Okay. Well we'll see how it all plays out and if NOW really does get any traction on trying to keep him out of, off the bench. Thanks guys. Thanks for coming in.

THOMAS GLASGOW: Thank you very much.

PERRI SMALL: Thank you.