Daily Pulse

E2 Trial Do-Over

After a mistrial was declared February 1st in the case against the owners of Chicago’s E2 nightclub, a Cook County judge ruled they would again stand trial.

Judge Daniel Lynch said Dwain Kyles and alleged silent partner Calvin Hollins Jr. will stand trial with a new jury despite defense attorneys arguing double jeopardy. The two men are accused of ignoring Lynch’s order to shut down E2 for violations. Twenty-one patrons died at the club in February 2003 when an incident involving pepper spray on the dance floor led to a stampede.

The men also face involuntary manslaughter charges as do Hollins’ son, Calvin Hollins III, and party promoter Marco Flores.

The original Housing Court case was deemed a mistrial shortly after opening arguments began, and after three days of jury selection. According to the Chicago Sun-Times, city attorney Dorothy Capers told the jurors “the defendants are going to try to confuse you” by claiming a handwritten note from Lynch ordered them to shut down only the VIP section of the club and not the entire facility.

Kyles attorney Michael Monico jumped up and objected, saying Capers had improperly shifted the burden of proof to the defense, according to the paper, adding that she had implied the two men would testify.

Lynch agreed, saying Capers’ statement was “particularly troublesome.”

Later, Monico wrote in his request to have the charges dropped that he believed Capers deliberately began the events that led to a mistrial so that the prosecution would get a more favorable jury. He added that the city invited the mistrial motion from its own misconduct.

Lynch rejected the double jeopardy argument February 8th. A new trial date has not been set.

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