A delay in obtaining a store surveillance tape of a July scuffle between Berwyn Alderman Michael J. Phelan and Wal-Mart security may push back the trial, Phelan’s defense attorney said Wednesday.
Phelan, 6th Ward, received a local ordinance citation on two counts of disorderly conduct July 27 after he reportedly refused to show a store security guard his receipt before leaving the building, and scuffled with a Chicago Police officer serving as store security guard, according to a Forest Park Police Department incident report.
Phelan’s attorney, Matthew Karchmar, last month asked for copies of the videos taken at the front door and at the rear of the store.
He said Wednesday that he still had not received them.
“I’m anxiously awaiting to get them,” Karchmar said. “It’s certainly important and that’s why I want to get them.”
Administrative Law Judge Perry Gulbrandsen, a retired Cook County judge, has set Phelan’s trial for 3 p.m. Wednesday, Dec. 3, at Forest Park Village Hall, 517 Des Plaines Ave. A status hearing on the case was held Wednesday night.
If Karchmar doesn’t receive the tapes in time, he said they likely will have to delay Phelan’s trial.
Phelan landed in Forest Park’s local ordinance court after store security at Wal-Mart, 1300 Des Plaines Ave., reportedly suspected him of shoplifting and stopped him to inspect his receipt. Phelan refused, saying it was unconstitutional.
Phelan has maintained that he did not shoplift, and paid for each item in his cart.
An assistant store manager later checked Phelan’s receipt, confirming that all items were purchased. She replaced perishable items in the cart, like ice cream, at Phelan’s request.
Karchmar, speaking on Phelan’s behalf, said he doesn’t know the cause of the holdup. Forest Park village prosecutor Sharon O’Shea said Wednesday that she didn’t, either.
“He should get it soon,” she said. “Hopefully in two weeks he’ll have all that.”
If not, she said they will reschedule the trial so Karchmar and Phelan may first review this evidence.
Forest Park police received a report of a disturbance at about 1:15 p.m. at this west suburban Wal-Mart. According to the report, security guard Louis Jones was working the door checking receipts as customers were leaving the store. When Jones asked to see Phelan’s receipt for proof that he purchased the items in his shopping cart, Phelan refused, the police report said.
“Phelan then crumpled the receipt into his hand refusing to show it, now causing a scene by loudly questioning store policy,” according to the report.
Jones, who also works as a police officer, didn’t know whether the items in the cart were purchased because Phelan refused to show him the receipt, the report said.
Jones said he was a police officer, reportedly blocked Phelan’s path and pushed his shopping cart to the side because he was concerned a retail theft may be in progress, the police report said.
“Phelan was getting out of control,” Jones told police, and he tried to handcuff him. After putting the first cuff on, “Phelan resisted to the point of having to be taken to the ground to complete the handcuffing,” according to police reports. During the scuffle, Jones cut two fingers.
Phelan told Forest Park police that he showed Jones his receipt, but refused to hand it over for inspection “feeling this was some violation of his rights,” according to the police report. He demanded to see the store policy and when he was refused, he reportedly questioned why he was being stopped, police reports said.
“Phelan states he was slammed to the floor for no reason and then hauled back to the security office in handcuffs,” police reports said.
Before leaving the store, an officer told Phelan that Wal-Mart wanted an order barring him from trespassing on the property, and he would be arrested for trespassing if he returned, according to police reports.
