Oct 18, 2024
Robert Ellis, once again accused of impersonating a police officer, has won another big legal victory over the Cook County state’s attorney’s office.Acting as his own lawyer, Ellis successfully argued that Cook County Circuit Judge Carol Howard should toss out his arrest and the evidence against him in a 2021 felony police-impersonation case accusing him of posing as a cop outside Guaranteed Rate Field after a White Sox game. Howard argued that the Chicago Police Department didn’t have probable cause to stop him.Earlier this year, Ellis, 66, got Howard to throw out the evidence in a separate, 2018 fake-cop case, which prosecutors later dismissed. In that case, he'd been accused of posing as an official with Kankakee County's Pembroke Township police department, even though there's no such department, according to prosecutors. Related Robert Ellis wins in 2018 fake cop case Ellis is now asking Howard to throw out the evidence in a third police-impersonation case, in which he's accused of pulling out a fake badge in 2021 at an Illinois secretary of state motor vehicle facility on the West Side and saying he was a cop.Both of the 2021 cases remain pending, with a hearing set for them later this month.On Sept. 10, Ellis squared off against a Cook County prosecutor in Howard’s courtroom in the case involving his arrest outside Guaranteed Rate Field. In his opening statement, Ellis said the police didn’t have a legal reason to detain him.“It was completely pretextual, and it was just a stop that was made for purposes of exploration, and it ran so far afoul of the constitution it's just outrageous,” he said.According to a Chicago police report, officers spoke with Ellis on Sept. 12, 2021, about parking his Mercury Marquis illegally outside the ballpark after a game against the Boston Red Sox. They said his car had a municipal police license plate and that the vehicle was equipped with emergency lights and contained a pair of handcuffs.Ellis showed them a “Beta United States Railroad Corporation” police badge and ID card and said he was retired from the organization, according to the police report. He was arrested and charged with impersonation of an officer and having an unauthorized vehicle registration.In his opening statement, Assistant Cook County State’s Attorney Piotr Karpierz said the officers were on patrol when they saw the car parked in an area reserved for cops and people working at the game and “found it odd that a vehicle of that sort would have municipal plates on, and so they inquired about that vehicle.”They waited for Ellis to return to his car, and he showed them the Beta police badge. They did a Google search and “learned that Beta Railroad Company did not exist,” Karpierz said.Ellis complained to the judge that he never got the chance to see the police body-camera videos in the case, so she recessed court to allow him to view it.Ellis had the videos of his interaction with the officers played in court before questioning two of them on the witness stand.Officer Peter Delgado testified that he and other officers were trying to clear cars parked on Shields Avenue to allow traffic to move after the game.Delgado said a police supervisor asked White Sox security to look for any surveillance videos that could identify who was driving the Mercury. The officers got a description of the driver, who was wearing khakis and a floral shirt, and encountered Ellis about 20 feet from his car, Delgado said.The officer acknowledged that he didn’t have a search warrant and didn’t have reason to think Ellis committed a crime. But he said the vehicle was suspicious because marked police cars are usually Ford Crown Victorias, not Mercurys.Delgado testified that the vehicle’s license plate was registered to Beta Railroad Corporation. The officers searched Ellis and found the Beta United States Railroad Police identification, he said.“The ID was one component for the reason for placing defendant in custody,” Delgado said. “The ID did not look legitimate based on the printing and just the condition of it.”He said the ID was marked “retired,” and the cars parked in those reserved spots were for active cops.Another reason Ellis was arrested was that the officers checked his name in a police computer and found he previously was charged with impersonation of a cop, according to Delgado, who said they also found a Chicago Sun-Times article about his 2018 case.Another officer, Willie Akerson, testified that Ellis was arrested because of his “multiple arrests, convicted felon status and the totality of the circumstances.”In his closing argument, Ellis said he was selectively targeted.“If the police thought the vehicle was illegally parked, they could have wrote a ticket or towed the vehicle,” he said.Ellis said Beta is a legitimate company and that his prior felony conviction for arson wasn’t sufficient probable cause to arrest him outside Guaranteed Rate Field. He also cited two court cases to support his legal arguments.In his closing statement, Karpierz, the prosecutor, said the case was straightforward: “The defendant handed the police a badge and an ID from a police department that does not exist. He availed himself to these officers as a police officer, when, in fact, this defendant is not a police officer.”But when Karpierz said the officers were suspicious of the car because it’s a 2003 Mercury Marquis, the judge stopped him.“That’s not a reasonable basis for a stop,” Howard said.The judge said the officers didn’t see Ellis commit a crime or drive the car.“The fact that they thought no police department would have a 2003 Mercury Marquis in its inventory is not a basis,” she said.Karpierz argued that it was just one of many things the officers found suspicious.The judge didn't buy his argument, saying: “That was the first thing that raised their suspicion. I understand that it was not good for him to have parked the car in that area, but we’re talking about impersonation of a police officer, a Class 4 felony."Howard threw out the evidence in the case but also told Ellis: “Even though I’m granting this motion to quash arrest and suppress evidence, that doesn’t mean that your actions are beyond reproach. You have to stop doing that.”Ellis also is asking Howard to throw out the evidence in the police-impersonation case involving the secretary of state’s office. The Guaranteed Rate case and the secretary of state case are both pending, with a hearing set for Oct. 28.In a brief interview, Ellis said Cook County prosecutors showed they have a “vendetta” against him because they didn’t immediately dismiss the charges in the Guaranteed Rate case after the judge tossed the evidence. Prosecutors didn’t respond to whether they intend to go to trial in either 2021 case.WATCH: SUN-TIMES REPORTER HUNTS FOR NONEXISTENT POLICE DEPARTMENT
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