Woman Places Sign On Her Car Stating Police Do Not "Protect and Serve," Police Respond By Arresting Her For Crimes She Did Not Commit

MarketWire
Nov. 19, 2011

CHICAGO, IL, Nov 18, 2011 (MARKETWIRE via COMTEX) -- A federal jury returned a verdict in excess of half a million dollars against a Village of Westmont, Illinois police detective for having violated a mother's First Amendment rights by maliciously prosecuting her for a crime she did not commit. The arrest, prosecution and harassment of Dawn Zitzka occurred after Mrs. Zitzka spoke out against the Westmont Police Department for the way in which it investigated the sexual assault of a young girl. The verdict was published today.

The case was tried before a federal jury in a dramatic 8-day trial in the Federal District Court for the Northern District of Illinois. During the trial, witnesses testified that Mrs. Zitzka complained publicly about what she perceived to be the inadequate investigation of the assault of the young girl. Mrs. Zitzka spoke out by placing a sign in her car window stating that the "Westmont P.D. Does Not Protect & Serve!" She also publicly criticized the Westmont Police Department by writing to Village officials and to Illinois State's Attorney General Lisa Madigan's office and by speaking before the Village of Westmont Board of Trustees.

Thereafter, Mrs. Zitzka was arrested and prosecuted for a crime she did not commit. Mrs. Zitzka was prosecuted for four different criminal offenses. She was ultimately found not guilty on two of those charges after separate trials before judges in the DuPage County criminal court. After continuing the prosecution against Mrs. Zitzka for two years, the DuPage County Prosecutor's Office ultimately dismissed the remaining charges for lack of evidence.

Her husband was also arrested by the Westmont police at the same time as the arrests of Mrs. Zitzka. He was also acquitted of the charge after a trial before a DuPage County criminal court. Because of prior legal rulings, the jury did not hear evidence that Mr. Zitzka had also been arrested nor did the jury hear evidence regarding the acquittals of both Mr. and Mrs. Zitzka.

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