Robert Lobianco, Kevin Fry

Case #: 17PB2933-1, 17PB2933-2
Police badge #: 16746, 15329
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- 17PB2933_Decisions.pdf

Recommendation Termination
Decision Termination
Length of process 11 months June 29, 2017 to May 17, 2018 Closed

Investigative Agency Not Specified

Charged with violating 3 rules on 16 counts

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Rule 14	6 counts	Making a false report, written or oral. Count 1 Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he and his partner pulled Vasquez off of Cheyenne Bailey, the victim, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14. Count 2 Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he observed Frank Vasquez on top of Cheyenne Bailey at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14. Count 3 Guilty On or about July 25, 2013, Police Officer Kevin Fry falsely reported in an Original Case Incident Report that reporting officers “observed Frank Vasquez (Offender & Ex-boyfriend) on top of Cheyenne Bailey (Victim & Complainant), who was on the ground with Vasquez physically restraining Bailey,” or reported words to that effect, thereby:a.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orb. Making a false report, written or oral, in violation of Rule 14. Count 4 Not Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he did not see Frank Vasquez opening the door when he/Officer Lobianco kicked the door in, or stated words to that effect, thereby:a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc.Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph no. 4 above, which are incorporated here by reference. Officer Lobianco testified at the criminal trial that he could not say that Mr. Vasquez was in the process of opening the service door at the time he kicked in the door because he did not know what Mr. Vasquez was doing on the other side of the door. The Board credits this aspect of Officer Lobianco’s testimony, which is corroborated by the video footage. Consequently, the Board finds that the Superintendent has not proven this charge. Count 5 Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he observed Frank Vasquez lying on top of Cheyenne Bailey on the ground in the garage at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph nos. 4 and 6 above, which are incorporated here by reference. The parties agree that the Superintendent has the burden of proving perjury. See Taylor, 2011 IL App (1st) 101156, ¶43. The perjury statute, 720 ILCS 5/32-2(a), provides as follows: “[a] person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law the oath or affirmation is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false.” See also People v. Boyd, 81 Ill.App.3d 259, 261 (3rdDist. 1980) (“An essential element of the crime of perjury is knowledge of the falsity of the statements at the time of their utterance” and “such knowledge Police Officers Robert Lobianco and Kevin Fry 22 may be inferred from proof that the statements in question were in fact false”). As shown above, the Superintendent has proven that Officer Lobianco’s testimony that he observed Mr. Vasquez lying on top of Ms. Bailey on the ground in the garage was a knowing false statement made under oath that was material to the charges for which Mr. Vasquez was prosecuted in his criminal trial. Count 6 Guilty On or about July 25, 2013, Police Officer Robert Lobianco falsely reported in an Arrest Report for Frank Vasquez, who was arrested on charges related to domestic battery and resisting a police officer, that officers observed Vasquez on top of the victim, referring to Cheyenne Bailey, or reported words to that effect, thereby: a.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/or b.Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph no. 4 above, which are incorporated hereby reference. The Collective Bargaining Agreement between the Fraternal Order of Police Chicago Lodge No. 7 and the City of Chicago provides in Article 6, Section 6.1M that “the Employer shall not charge an Officer with a Rule 14 violation unless it has been determined that: (1) the Officer willfully made a false statement; and (2) the false statement was made about a fact that was material to the incident under investigation.” Both elements have been proven.As shown above, the Superintendent has proven that Officer Lobianco’s statement that officers observed Mr. Vasquez on top of the victim (Ms. Bailey) was willfully made and false. Furthermore, the statement was material to the incident under investigation. “Materiality is derived from the relationship between the proposition of the allegedly false statement and the issues in th[e] case. . . . The test for materiality for an allegedly perjured statement is whether the statement tends to prove or disprove an issue in the case.” Taylor v. Police Board of the City of Chicago, 2011 IL App (1st) 101156, ¶35 (2011) (internal quotation marks and citations omitted). “In other words, materiality exists if the statement would or could influence the trier of fact in its deliberations on the issues presented to it.” People v. Rutledge, 257 Ill.App.3d 769, 771 (3d Dist. 1994) (internal quotation marks omitted). The statement that Mr. Vasquez was laying on top of Ms. Bailey, if believed, would tend to prove that Mr. Vasquez “forcibly pushed [Ms. Bailey] causing her to fall on the ground” as is alleged in the domestic battery complaint against Mr. Vasquez. Moreover, this statement would or could influence the trier of fact in its deliberations on the issues presented. Consequently, the statement is material.
Rule 2	6 counts	Any action or conduct which impedes the Department's efforts to achieve its policy and goals or brings discredit upon the Department. Count 1 Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he and his partner pulled Vasquez off of Cheyenne Bailey, the victim, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14. Count 2 Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he observed Frank Vasquez on top of Cheyenne Bailey at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14. Count 3 Guilty On or about July 25, 2013, Police Officer Kevin Fry falsely reported in an Original Case Incident Report that reporting officers “observed Frank Vasquez (Offender & Ex-boyfriend) on top of Cheyenne Bailey (Victim & Complainant), who was on the ground with Vasquez physically restraining Bailey,” or reported words to that effect, thereby: a.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orb.Making a false report, written or oral, in violation of Rule 14. Count 4 Not Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he did not see Frank Vasquez opening the door when he/Officer Lobianco kicked the door in, or stated words to that effect, thereby:a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc.Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph no. 4 above, which are incorporated here by reference. Officer Lobianco testified at the criminal trial that he could not say that Mr. Vasquez was in the process of opening the service door at the time he kicked in the door because he did not know what Mr. Vasquez was doing on the other side of the door. The Board credits this aspect of Officer Lobianco’s testimony, which is corroborated by the video footage. Consequently, the Board finds that the Superintendent has not proven this charge. Count 5 Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he observed Frank Vasquez lying on top of Cheyenne Bailey on the ground in the garage at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph nos. 4 and 6 above, which are incorporated here by reference. The parties agree that the Superintendent has the burden of proving perjury. See Taylor, 2011 IL App (1st) 101156, ¶43. The perjury statute, 720 ILCS 5/32-2(a), provides as follows: “[a] person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law the oath or affirmation is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false.” See also People v. Boyd, 81 Ill.App.3d 259, 261 (3rdDist. 1980) (“An essential element of the crime of perjury is knowledge of the falsity of the statements at the time of their utterance” and “such knowledge Police Officers Robert Lobianco and Kevin Fry22may be inferred from proof that the statements in question were in fact false”). As shown above, the Superintendent has proven that Officer Lobianco’s testimony that he observed Mr. Vasquez lying on top of Ms. Bailey on the ground in the garage was a knowing false statement made under oath that was material to the charges for which Mr. Vasquez was prosecuted in his criminal trial. Count 6 Guilty On or about July 25, 2013, Police Officer Robert Lobianco falsely reported in an Arrest Report for Frank Vasquez, who was arrested on charges related to domestic battery and resisting a police officer, that officers observed Vasquez on top of the victim, referring to Cheyenne Bailey, or reported words to that effect, thereby: a.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/or b.Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph no. 4 above, which are incorporated hereby reference. The Collective Bargaining Agreement between the Fraternal Order of Police Chicago Lodge No. 7 and the City of Chicago provides in Article 6, Section 6.1M that “the Employer shall not charge an Officer with a Rule 14 violation unless it has been determined that: (1) the Officer willfully made a false statement; and (2) the false statement was made about a fact that was material to the incident under investigation.” Both elements have been proven.As shown above, the Superintendent has proven that Officer Lobianco’s statement that officers observed Mr. Vasquez on top of the victim (Ms. Bailey) was willfully made and false. Furthermore, the statement was material to the incident under investigation. “Materiality is derived from the relationship between the proposition of the allegedly false statement and the issues in th[e] case. . . . The test for materiality for an allegedly perjured statement is whether the statement tends to prove or disprove an issue in the case.” Taylor v. Police Board of the City of Chicago, 2011 IL App (1st) 101156, ¶35 (2011) (internal quotation marks and citations omitted). “In other words, materiality exists if the statement would or could influence the trier of fact in its deliberations on the issues presented to it.” People v. Rutledge, 257 Ill.App.3d 769, 771 (3d Dist. 1994) (internal quotation marks omitted). The statement that Mr. Vasquez was laying on top of Ms. Bailey, if believed, would tend to prove that Mr. Vasquez “forcibly pushed [Ms. Bailey] causing her to fall on the ground” as is alleged in the domestic battery complaint against Mr. Vasquez. Moreover, this statement would or could influence the trier of fact in its deliberations on the issues presented. Consequently, the statement is material.
Rule 1	4 counts	Violation of any law or ordinance. Count 1 Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he and his partner pulled Vasquez off of Cheyenne Bailey, the victim, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14. Count 2 Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he observed Frank Vasquez on top of Cheyenne Bailey at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14. Count 3 Not Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he did not see Frank Vasquez opening the door when he/Officer Lobianco kicked the door in, or stated words to that effect, thereby:a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc.Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph no. 4 above, which are incorporated here by reference. Officer Lobianco testified at the criminal trial that he could not say that Mr. Vasquez was in the process of opening the service door at the time he kicked in the door because he did not know what Mr. Vasquez was doing on the other side of the door. The Board credits this aspect of Officer Lobianco’s testimony, which is corroborated by the video footage. Consequently, the Board finds that the Superintendent has not proven this charge. Count 4 Guilty On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he observed Frank Vasquez lying on top of Cheyenne Bailey on the ground in the garage at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph nos. 4 and 6 above, which are incorporated here by reference. The parties agree that the Superintendent has the burden of proving perjury. See Taylor, 2011 IL App (1st) 101156, ¶43. The perjury statute, 720 ILCS 5/32-2(a), provides as follows: “[a] person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law the oath or affirmation is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false.” See also People v. Boyd, 81 Ill.App.3d 259, 261 (3rdDist. 1980) (“An essential element of the crime of perjury is knowledge of the falsity of the statements at the time of their utterance” and “such knowledge Police Officers Robert Lobianco and Kevin Fry22may be inferred from proof that the statements in question were in fact false”). As shown above, the Superintendent has proven that Officer Lobianco’s testimony that he observed Mr. Vasquez lying on top of Ms. Bailey on the ground in the garage was a knowing false statement made under oath that was material to the charges for which Mr. Vasquez was prosecuted in his criminal trial.

Rule 14

6 counts

Making a false report, written or oral.

Count 1 Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he and his partner pulled Vasquez off of Cheyenne Bailey, the victim, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.
Count 2 Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he observed Frank Vasquez on top of Cheyenne Bailey at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.
Count 3 Guilty: On or about July 25, 2013, Police Officer Kevin Fry falsely reported in an Original Case Incident Report that reporting officers “observed Frank Vasquez (Offender & Ex-boyfriend) on top of Cheyenne Bailey (Victim & Complainant), who was on the ground with Vasquez physically restraining Bailey,” or reported words to that effect, thereby:a.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orb. Making a false report, written or oral, in violation of Rule 14.
Count 4 Not Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he did not see Frank Vasquez opening the door when he/Officer Lobianco kicked the door in, or stated words to that effect, thereby:a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc.Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph no. 4 above, which are incorporated here by reference. Officer Lobianco testified at the criminal trial that he could not say that Mr. Vasquez was in the process of opening the service door at the time he kicked in the door because he did not know what Mr. Vasquez was doing on the other side of the door. The Board credits this aspect of Officer Lobianco’s testimony, which is corroborated by the video footage. Consequently, the Board finds that the Superintendent has not proven this charge.
Count 5 Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he observed Frank Vasquez lying on top of Cheyenne Bailey on the ground in the garage at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph nos. 4 and 6 above, which are incorporated here by reference. The parties agree that the Superintendent has the burden of proving perjury. See Taylor, 2011 IL App (1st) 101156, ¶43. The perjury statute, 720 ILCS 5/32-2(a), provides as follows: “[a] person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law the oath or affirmation is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false.” See also People v. Boyd, 81 Ill.App.3d 259, 261 (3rdDist. 1980) (“An essential element of the crime of perjury is knowledge of the falsity of the statements at the time of their utterance” and “such knowledge Police Officers Robert Lobianco and Kevin Fry 22 may be inferred from proof that the statements in question were in fact false”). As shown above, the Superintendent has proven that Officer Lobianco’s testimony that he observed Mr. Vasquez lying on top of Ms. Bailey on the ground in the garage was a knowing false statement made under oath that was material to the charges for which Mr. Vasquez was prosecuted in his criminal trial.
Count 6 Guilty: On or about July 25, 2013, Police Officer Robert Lobianco falsely reported in an Arrest Report for Frank Vasquez, who was arrested on charges related to domestic battery and resisting a police officer, that officers observed Vasquez on top of the victim, referring to Cheyenne Bailey, or reported words to that effect, thereby: a.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/or b.Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph no. 4 above, which are incorporated hereby reference. The Collective Bargaining Agreement between the Fraternal Order of Police Chicago Lodge No. 7 and the City of Chicago provides in Article 6, Section 6.1M that “the Employer shall not charge an Officer with a Rule 14 violation unless it has been determined that: (1) the Officer willfully made a false statement; and (2) the false statement was made about a fact that was material to the incident under investigation.” Both elements have been proven.As shown above, the Superintendent has proven that Officer Lobianco’s statement that officers observed Mr. Vasquez on top of the victim (Ms. Bailey) was willfully made and false. Furthermore, the statement was material to the incident under investigation. “Materiality is derived from the relationship between the proposition of the allegedly false statement and the issues in th[e] case. . . . The test for materiality for an allegedly perjured statement is whether the statement tends to prove or disprove an issue in the case.” Taylor v. Police Board of the City of Chicago, 2011 IL App (1st) 101156, ¶35 (2011) (internal quotation marks and citations omitted). “In other words, materiality exists if the statement would or could influence the trier of fact in its deliberations on the issues presented to it.” People v. Rutledge, 257 Ill.App.3d 769, 771 (3d Dist. 1994) (internal quotation marks omitted). The statement that Mr. Vasquez was laying on top of Ms. Bailey, if believed, would tend to prove that Mr. Vasquez “forcibly pushed [Ms. Bailey] causing her to fall on the ground” as is alleged in the domestic battery complaint against Mr. Vasquez. Moreover, this statement would or could influence the trier of fact in its deliberations on the issues presented. Consequently, the statement is material.

Rule 2

6 counts

Any action or conduct which impedes the Department's efforts to achieve its policy and goals or brings discredit upon the Department.

Count 1 Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he and his partner pulled Vasquez off of Cheyenne Bailey, the victim, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.
Count 2 Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he observed Frank Vasquez on top of Cheyenne Bailey at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.
Count 3 Guilty: On or about July 25, 2013, Police Officer Kevin Fry falsely reported in an Original Case Incident Report that reporting officers “observed Frank Vasquez (Offender & Ex-boyfriend) on top of Cheyenne Bailey (Victim & Complainant), who was on the ground with Vasquez physically restraining Bailey,” or reported words to that effect, thereby: a.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orb.Making a false report, written or oral, in violation of Rule 14.
Count 4 Not Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he did not see Frank Vasquez opening the door when he/Officer Lobianco kicked the door in, or stated words to that effect, thereby:a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc.Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph no. 4 above, which are incorporated here by reference. Officer Lobianco testified at the criminal trial that he could not say that Mr. Vasquez was in the process of opening the service door at the time he kicked in the door because he did not know what Mr. Vasquez was doing on the other side of the door. The Board credits this aspect of Officer Lobianco’s testimony, which is corroborated by the video footage. Consequently, the Board finds that the Superintendent has not proven this charge.
Count 5 Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he observed Frank Vasquez lying on top of Cheyenne Bailey on the ground in the garage at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph nos. 4 and 6 above, which are incorporated here by reference. The parties agree that the Superintendent has the burden of proving perjury. See Taylor, 2011 IL App (1st) 101156, ¶43. The perjury statute, 720 ILCS 5/32-2(a), provides as follows: “[a] person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law the oath or affirmation is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false.” See also People v. Boyd, 81 Ill.App.3d 259, 261 (3rdDist. 1980) (“An essential element of the crime of perjury is knowledge of the falsity of the statements at the time of their utterance” and “such knowledge Police Officers Robert Lobianco and Kevin Fry22may be inferred from proof that the statements in question were in fact false”). As shown above, the Superintendent has proven that Officer Lobianco’s testimony that he observed Mr. Vasquez lying on top of Ms. Bailey on the ground in the garage was a knowing false statement made under oath that was material to the charges for which Mr. Vasquez was prosecuted in his criminal trial.
Count 6 Guilty: On or about July 25, 2013, Police Officer Robert Lobianco falsely reported in an Arrest Report for Frank Vasquez, who was arrested on charges related to domestic battery and resisting a police officer, that officers observed Vasquez on top of the victim, referring to Cheyenne Bailey, or reported words to that effect, thereby: a.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/or b.Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph no. 4 above, which are incorporated hereby reference. The Collective Bargaining Agreement between the Fraternal Order of Police Chicago Lodge No. 7 and the City of Chicago provides in Article 6, Section 6.1M that “the Employer shall not charge an Officer with a Rule 14 violation unless it has been determined that: (1) the Officer willfully made a false statement; and (2) the false statement was made about a fact that was material to the incident under investigation.” Both elements have been proven.As shown above, the Superintendent has proven that Officer Lobianco’s statement that officers observed Mr. Vasquez on top of the victim (Ms. Bailey) was willfully made and false. Furthermore, the statement was material to the incident under investigation. “Materiality is derived from the relationship between the proposition of the allegedly false statement and the issues in th[e] case. . . . The test for materiality for an allegedly perjured statement is whether the statement tends to prove or disprove an issue in the case.” Taylor v. Police Board of the City of Chicago, 2011 IL App (1st) 101156, ¶35 (2011) (internal quotation marks and citations omitted). “In other words, materiality exists if the statement would or could influence the trier of fact in its deliberations on the issues presented to it.” People v. Rutledge, 257 Ill.App.3d 769, 771 (3d Dist. 1994) (internal quotation marks omitted). The statement that Mr. Vasquez was laying on top of Ms. Bailey, if believed, would tend to prove that Mr. Vasquez “forcibly pushed [Ms. Bailey] causing her to fall on the ground” as is alleged in the domestic battery complaint against Mr. Vasquez. Moreover, this statement would or could influence the trier of fact in its deliberations on the issues presented. Consequently, the statement is material.

Rule 1

4 counts

Violation of any law or ordinance.

Count 1 Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he and his partner pulled Vasquez off of Cheyenne Bailey, the victim, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.
Count 2 Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Kevin Fry falsely testified that on July 25, 2013, he observed Frank Vasquez on top of Cheyenne Bailey at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.
Count 3 Not Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he did not see Frank Vasquez opening the door when he/Officer Lobianco kicked the door in, or stated words to that effect, thereby:a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb. Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc.Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph no. 4 above, which are incorporated here by reference. Officer Lobianco testified at the criminal trial that he could not say that Mr. Vasquez was in the process of opening the service door at the time he kicked in the door because he did not know what Mr. Vasquez was doing on the other side of the door. The Board credits this aspect of Officer Lobianco’s testimony, which is corroborated by the video footage. Consequently, the Board finds that the Superintendent has not proven this charge.
Count 4 Guilty: On or about November 7, 2013, in the Circuit Court of Cook County, Domestic Violence Division, at the criminal trial of Frank Vasquez, Case No. 13 DV 75854, Police Officer Robert Lobianco falsely testified that on July 25, 2013, he observed Frank Vasquez lying on top of Cheyenne Bailey on the ground in the garage at 9545 South Avenue M, or stated words to that effect, thereby: a.Violating any law or ordinance (720 ILCS 5/32-2(a) Perjury) in violation of Rule 1; and/orb.Engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department, in violation of Rule 2; and/orc. Making a false report, written or oral, in violation of Rule 14.See the findings set forth in paragraph nos. 4 and 6 above, which are incorporated here by reference. The parties agree that the Superintendent has the burden of proving perjury. See Taylor, 2011 IL App (1st) 101156, ¶43. The perjury statute, 720 ILCS 5/32-2(a), provides as follows: “[a] person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law the oath or affirmation is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false.” See also People v. Boyd, 81 Ill.App.3d 259, 261 (3rdDist. 1980) (“An essential element of the crime of perjury is knowledge of the falsity of the statements at the time of their utterance” and “such knowledge Police Officers Robert Lobianco and Kevin Fry22may be inferred from proof that the statements in question were in fact false”). As shown above, the Superintendent has proven that Officer Lobianco’s testimony that he observed Mr. Vasquez lying on top of Ms. Bailey on the ground in the garage was a knowing false statement made under oath that was material to the charges for which Mr. Vasquez was prosecuted in his criminal trial.

Board Member Votes & Decisions

Majority Decision

8 agreed

Agreed with the final decision of the board

0 disagreed

Disagreed with the final decision of the board

0 did not vote

Did not vote or were not present for voting

The Police Board of the City of Chicago, having read and reviewed the record of proceedings in these cases, having viewed the video-recording of the testimony of the witnesses, having received the oral report of the Hearing Officer,and having conferred with the Hearing Officer on the credibility of the witnesses and the evidence, hereby adopts the findings set forth herein by the following votes: By votes of 8 in favor (Ghian Foreman, Eva-Dina Delgado, Michael Eaddy, Steve Flores, John P. O’Malley Jr., John H. Simpson, Rhoda D. Sweeney, and Andrea L. Zopp) to 0 opposed, the Board denies the Respondents’ Joint Motion to Strike and Dismiss all charges;By votes of 8 in favor (Foreman, Delgado, Eaddy, Flores, O’Malley, Simpson, Sweeney, and Zopp) to 0 opposed, the Board finds Respondent Police Officer Robert Lobianco guilty of violating Rule 1, Rule 2, and Rule 14 as set forth in paragraph nos. 6 and 7 above; By votes of 8 in favor (Foreman, Delgado, Eaddy, Flores, O’Malley, Simpson, Sweeney, and Zopp) to 0 opposed, the Board finds Respondent Police Officer Robert Lobianco not guilty of violating Rule 1, Rule 2, and Rule 14 as set forth in paragraph no. 8 above; and By votes of 8 in favor (Foreman, Delgado, Eaddy, Flores, O’Malley, Simpson, Sweeney, and Zopp) to 0 opposed, the Board finds Respondent Police Officer Kevin Fry guilty of violating Rule 1, Rule 2, and Rule 14 as set forth in paragraph nos. 9, 10, and 11 above. As a result of the foregoing and for the reasons set forth in paragraph no. 12 above, the Board, by votes of 8 in favor (Foreman, Delgado, Eaddy, Flores, O’Malley, Simpson, Sweeney, and Zopp) to 0 opposed, hereby determines that cause exists for discharging each Respondent from his position as a police officer with the Department of Police, and from the services of the City of Chicago. NOW THEREFORE, IT IS HEREBY ORDERED that the Respondent, Police Officer Robert Lobianco, Star No. 16764, as a result of having been found guilty of certain charges in Police Board Case No. 17 PB 2933, be and hereby is discharged from his position as a police officer with the Department of Police, and from the services of the City of Chicago. IT IS FURTHER ORDERED that the Respondent, Police Officer Kevin Fry, Star No. 15329, as a result of having been found guilty of all charges in Police Board Case No. 17PB2933, be and hereby is discharged from his position as a police officer with the Department of Police, and from the services of the City of Chicago. These disciplinary actions are adopted and entered by a majority of the members of the Police Board who participated in these cases: Ghian Foreman, Eva-Dina Delgado, Michael Eaddy, Steve Flores, John P. O’Malley Jr., John H. Simpson, Rhoda D. Sweeney, and Andrea L. Zopp.