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Palatine man found not guilty in 'sucker punch' death

All or nothing.

That was the strategy attorneys adopted for their defense of 36-year-old Michael Platt, acquitted late Friday of murder in the one-punch death of Ryan Flannigan outside a Palatine bar last July.

They insisted the Palatine man never intended to harm Flannigan, who was attempting to defuse an altercation - in which he had no part - outside Pop's Bar and Grill at the time prosecutors say Platt "blindsided" him with a "sucker punch."

Defense attorneys Sam Amirante and Pamela Curran had the option to ask the judge for instructions allowing jurors to convict Platt on a lesser charge, but they chose not to, leaving the five-woman, seven-man jury with two options: find Platt guilty of first-degree murder carrying a maximum 60-year sentence, or find him not guilty. Their not guilty verdict sent Platt home, while it sent shockwaves through the courtroom.

As the clerk announced the verdict, anguished sobs came from distraught family members and several dozen supporters, most of whom wore blue ribbons and blue bracelets in memory of the Fremd High School graduate. All week they've filled the courtroom to capacity.

Outside, while they wept and held each other, Flannigan's father expressed disappointment in the verdict and at the limited options available to the jury.

"They need to change the law in Illinois," Timothy Flannigan said. "We know how guilty this guy was."

Lead prosecutor Mike Gerber expressed sorrow for the victim's family.

"This is devastating for the family," he said. "That's where my heart is."

Amirante also offered condolences to the victim's friends and family.

"My heart goes out to the Flannigan family. I'm a dad myself. I understand how they feel," Amirante said, adding that his client was remorseful and wished to express that to the family.

Discussing the verdict, Amirante reiterated his closing argument that Platt "should never have been charged with first-degree murder. ... The evidence simply was not there."

Platt struck Flannigan after the popular 26-year-old tried to intervene in a heated exchange between a female friend of Flannigan's and a male friend of Platt's that occurred outside the bar about 11:30 p.m. July 18, 2014.

In his closing argument, Amirante called the first-degree murder charge "overzealous," a result of prosecutors' "effort to find someone to punish for this tragic event."

Cook County assistant state's attorney Kristin Piper argued it was the correct charge for what she called a "vicious, cowardly attack" that fractured the skull and broke the nose of Flannigan, who fell to the ground, striking his head on the concrete.

Flannigan, a Western Illinois University graduate who worked for ABC Supply Co., died without regaining consciousness 10 days later. His heart, liver, kidneys and spleen were donated to Project Hope.

"Ask yourself," Piper said to jurors, "did the defendant perform the act that killed Ryan Flannigan? Of course he did. ... The defendant picked out the smallest guy ... the guy who wasn't causing any trouble ... the guy who was looking the other way and couldn't defend himself."

Platt then "pummeled his fist into Ryan's head" knowing that his actions were likely to cause great bodily harm or death, Piper said.

Amirante argued there was no way his client could have known one punch would cause Flannigan's death.

"Don't you think my client would like to take it back?" he said, adding later, "If he really wanted to hurt him, do you think he would have stopped at one punch?"

Platt testified he feared for his friend, a double amputee who uses prosthetic legs, who approached a group that included friends of Flannigan who had gathered at the mouth of the alley where the friend had parked his car. Platt said three people approached his friend and the woman grabbed the man's arm. Platt claimed he walked over to the group because "I didn't want to see my friend get beat up or knocked down."

Amirante suggested others should also be held accountable: the group of friends who had spent the evening drinking at Pop's Bar and Grill who defense witnesses testified had gathered outside at the mouth of the alley, and were obnoxiously and yelling obscenities in the direction of the bar. Flannigan was not present when Platt's friend went to his car, nor did Flannigan engage in unruly behavior or yell obscenities,

Amirante also suggested bar employees should be accountable for overserving the twenty-something group.

"It's a horribly sad thing," Amirante said. "But the facts remain: It was one punch, one punch only, and it was over."

Cook County Assistant State's Attorney Mike Gerber disputed those claims, calling Platt a bully who punched Flannigan "so hard it drove him into the ground and fractured his skull."

"Some bullies use knives. Some bullies use guns. Some bullies use clubs," Gerber said. "This bully only needed one weapon, his giant fist."

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Ryan Flannigan
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