An Elk Grove Village man doing prison time on drug charges is seeking to have his sentence overturned, claiming a former Schaumburg police officer lied under oath during a hearing last year.
Victor Alvarado, 28, pled guilty and was sentenced in June 2012 to six years in prison for the manufacture and delivery of cocaine. His lawyer, Victor F. Ciardelli, last month filed a petition to vacate Alvarado's sentence based on newly discovered evidence.
Alvarado testified on Jan. 24, 2012, that Matthew Hudak -- one of three former Schaumburg undercover officers charged with criminal drug conspiracy in DuPage County earlier this year -- never read Alvarado his Miranda rights when Hudak and former fellow officer Terrance O'Brien came to the home he shared with three others on Nov. 12, 2010, searching for drugs, Ciardelli said.
Alvarado testified during the 2012 hearing to quash his arrest and suppress statements made to police that officers kept him in the garage, and he denied he pointed out the location of drugs to the former officers, Ciardelli said.
"The testimony of Alvarado completely contradicts Hudak's testimony," Ciardelli said.
Cook County Judge Kay Hanlon denied the defense's motion. In June of 2012, Alvarado pleaded guilty in exchange for a six-year sentence because he felt "nobody was going to believe him," Ciardelli said.
Additionally, Alvarado feared he could face a longer sentence if he went to trial and lost, said Ciardelli, who acknowledged that his client has several drug convictions.
Hudak and O'Brien, along with fellow former undercover officer John Cichy, were members of Schaumburg's special investigations bureau which handled drug, gang, prostitution and other vice cases. DuPage County authorities charged the trio in January with criminal drug conspiracy after police discovered about nine ounces of cocaine inside a Carol Stream storage shed. That led police to a former informant who told detectives he had been selling drugs for the former cops.
Hudak, O'Brien and Cichy pleaded not guilty and were released on bond.
"It's very unfortunate that the actions of these three former officers has compromised several criminal prosecutions," said Schaumburg Police Sgt. John Nebl. "We fully understand and support the state's attorneys decision to dismiss certain cases to ensure the integrity of the criminal justice system and ensure everyone's right to a fair trial. As a result the honorable men and women of the Schaumburg Police Department work hard every day to restore and regain the publics trust and confidence."
Court clerk records show Alvarado pleaded guilty to possession of cannabis in 2004 and received 18 months probation. In 2006, he pleaded guilty to the manufacture and delivery of cocaine and was sentenced to boot camp, records show.
The judge, prosecutors and the lawyer representing Alvarado at the time "acted in good faith," said Ciardelli, who has not alleged any wrongdoing on the part of prosecutors or the court.
Hanlon said she will rule on the petition to vacate Alvarado's plea on April 12.