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During the civil trial, Obrycka's attorneys alleged that police sought to downplay and cover up the beating, in part out of an ingrained but shadowy culture among police of protecting their own. City attorneys countered by telling jurors there was no evidence that such a secret code existed. The fact that Abbate was charged and convicted for the beating in 2009, they said, proved that the system worked. But some police officials who testified contradicted each other, which Obrycka's attorney said proved their point about alleged cover-ups. Debra Kirby, who headed the department's internal affairs division at the time, testified that she recommended during a phone call with Cook County prosecutors three days after the beating that Abbate be charged with a serious felony. But Joseph Stehlik, who was an internal affairs detective under Kirby's command, said he was next to his boss at the time of the call. Stehlik testified Kirby recommended the lesser charge. Then the prosecutor in question, Tom Bilyk, told jurors the call never happened and that he never talked with Kirby about charges. Abbate was on the witness stand himself for two days and asked by Obrycka's attorney about phone records showing he made dozens of calls to fellow officers in the hours after the beating. He said he was so drunk before the attack that he couldn't remember calling anyone or what he might have said, though he insisted he "didn't tell anyone to do anything regarding the incident."
Abbate's attorney said he wasn't surprised by the verdict Tuesday, saying the video was too hard to overcome even though, he said, it provides no evidence of a code of silence. "No matter what occurred, that video in terms of my client is the most damning thing," said Michael Malatesta.
[Associated
Press;
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