OK, first, this is very, very scary. But, second, I would very much personally like to have been in Angela Procter's shoes--figuratively speaking--because then I'd get to find out what a federal judge thinks of someone acting as a third party debt collector threatening one with arrest and criminal prosecution. Cop or not, they ain't above the law, and federal judges tend not to be very impressed by local officials violating the law.
Quite frankly, I'm truly shocked that a police Lt. would be dumb enough to do this. Young cop, and had the business owner been a good looking woman, then yeah OK I could see such a dumb thing happening.
It did happen in the Land of Capone so I guess I should not be surprised, but it strikes me as abuse of power under color of authority.
Silly, stupid me. I didn't know that union busting and other such duties were still within the purview of the police.
The State AG and the USDOJ needs to climb up the Midlothian PD's backside.
July 19, 2007
BY MICHAEL DRAKULICH The Star
A Blue Island woman said Midlothian police harassed her last week over a debt she incurred with a local mechanic, threatening her with criminal charges if she didn't pay.
Midlothian police aren't denying they called the woman. The department's police chief said calling and notifying her she could be charged was appropriate and a service to local businesses.
In November, Angela Procter was having some problems with her van and took it into Merlin's Muffler and Brake, 3704 W. 147th St., to be fixed.
Her bill ran about $460. After the repairs were made, Procter paid about $200 and the van was released to her with the agreement she would pay the remaining balance in installments.
In December, she paid about $150 more, bringing the total of what she owed to about $108.
But soon after she made the second payment, she fell on hard times financially.
At the time, Procter was caring for her infant child and was pregnant again. She was not working at the time and was recovering from a broken foot.
Her fiancee, who works construction, was in the middle of a seasonal work slump and was out of a job for about a month.
The couple had been evicted from their apartment and was forced to stay with relatives in the interim.
Procter said that's when she had to make some tough choices.
"We were just trying to find a place to live. If it comes down to paying a mechanic $100 or keep a roof over mine and my kids' heads, I'm going to do what I need to do to survive," she said. "I admit that I owed the money and I'm grateful for them (at Merlin's) letting me pay later."
Last Monday though, Procter received a call from Lt. Harold Kaufman from the Midlothian police.
Procter said Kaufman told her if she didn't pay, she could be subject to criminal charges.
"He didn't say what I could be charged with if I didn't pay. But I was so scared at the time, I didn't think to ask," she said.
Procter said Kaufman instructed her to get a cashier's check and deliver it to him at the police department and he would take it to Merlin's.
But after she got off the phone, Procter said she started to think something wasn't right.
So she called the Cook County State's Attorney's office to get their input. She said she was told she should go and make payment directly to Merlin's.
Procter has since paid her bill in full, but still resents the treatment from police and wonders if others have received similar calls.
"When the police come to you and threaten you, what do you do? What's to prevent police from being debt collectors and arresting everyone who is late with some kind of payment," she said. "Maybe this will convince other people this has happened to come forward or maybe it will stop the police from doing this kind of thing."
When asked about the matter last week, Kaufman said Procter could have been brought up on theft of service charges even though Merlin's released Procter's vehicle to her.
He also said Procter's version of the story was not true, though he declined to give his version of the story because he said he was contacted by an attorney.
"I'm not going to comment any further for a ridiculous newspaper article," he said.
Karla Fiaoni -- a former Cook County state's attorney and former police chief who now is a criminal defense attorney in Chicago -- said she thinks it's improper for police to collect debts for local businesses.
"As a police chief, I would not allow one of my officers to act as a collection agency for a private business. As a prosecutor, I would not bring charges on her (Procter) for $100 based on these facts. It clearly sounds like a civil matter.
"As a defense attorney," Fiaoni continued, "I'd gladly go to court and demand a trial and find out why a police lieutenant is acting as a collection agency for a business. Then I'd challenge them to prove beyond a reasonable doubt she tried to defraud them. It all sounds fishy to me."
Midlothian police Chief Vincent Schavone defended Kaufman's actions, calling them appropriate.
"We help our businesses out in town. It saves the people grief and it saves the businesses grief. Then we recommend them (business owners) to take whatever actions necessary. If they want to come in and sign a complaint, we'll take the complaint. If they want to pursue it as a civil matter, they can," Schavone said.
Schavone said his officers have been known to call people on behalf of businesses in the village to see if they could be convinced to make payments.
