Chicago Police Sgt. Rape Trial Begins

UPDATE: Officer Herman's conviction following jury trial has been REVERSED by a court of appeal--not for retrial--but as a declaration of NOT GUILTY. This case should serve as a lesson about forming conclusions about accused persons, even if they are convicted, until the appeals process has run its course. See here.

[From the Chicago Sun-Times] A former Chicago police sergeant went on trial today for allegedly raping a woman in 2004 after picking her up in his squad car. John Herman, 42, faces charges of aggravated criminal sexual assault, aggravated kidnapping and official misconduct over the alleged attack on March 10, 2004.

"This case is about the abuse of power," assistant state's attorney Matt Thrun told Judge Joseph Claps today.

Herman waived his right to a jury trial, opting for a bench trial in which Claps will decide his guilt or innocence.

In his opening statement, Thrun said Herman was driving in the Gresham District when he saw the alleged victim walking down the street. He asked her if she was "prostituting," demanded to see identification, and ordered her into his car when she said she did not have any. Herman then drove the woman to her apartment, where he forced her to undress and raped her, Thrun said.

In addition to having sex with her, he violated the woman with his police baton, Thrun said. When it was over, "he told the victim if she told anyone he would kill her. He knew where she lived," Thrun said.

Defense lawyer Peter Hickey said the two had consensual sex and had met for sex on one prior occasion. The physical evidence does not support the woman's allegations, Hickey said.

"This is about money. This is about a woman who was out walking the streets ... This is about a woman who would do anything to get crack cocaine," Hickey said.

The alleged victim has a federal lawsuit pending over the alleged attack. Hickey noted Herman served 20 years on the police force and did 12 years in the Army reserves, including a stint in Desert Storm.