Exonerated Hanover Park man sues police

Rick Aleman, whose charge of first-degree murder in the death of an 11-month-old in his care was dismissed more than a year later, has sued the Hanover Park Police Department and the Illinois State Police.

An Illinois State Police spokesman said Thursday they won't comment on ongoing litigation. Hanover Park police couldn't be reached.

In September 2005, Aleman was babysitting for 11-month-old Joshua Schrik at his unlicensed day care center in Hanover Park when Joshua stopped breathing.

Aleman said he tried reviving the boy and called 911. Joshua died five days later, and an autopsy conducted by the Cook County medical examiner showed he had blood on his brain, consistent with shaken baby syndrome. His death was ruled a homicide, and Aleman was arrested.

But first-degree murder charges were suddenly dismissed more than a year later, the day his trial was set to begin. No one else has been charged.

Aleman's attorney, Barry Spector, said Hanover Park police and Illinois State police jumped to easy conclusions, and ignored medical reports that Joshua was sick the week leading up to his death, sick enough to go to the ER.

"This was a game of hot potato, and Rick was the last one holding Joshua," Spector said.

The lawsuit seeks unspecified damages for unreasonable seizure, false arrest/imprisonment, illegal interrogation and malicious prosecution.

Aleman said the past two years have been a struggle for him and his family.

To post $150,000 in cash, or 10 percent of his $1.5 million bond, the father of five sold his Hanover Park house and borrowed money.

"I had no house, no money and no job," said Aleman, who works for a printing company. "I had to start over from scratch."

Aleman said he moved his family out of their Hanover Park home, fearing for his children's safety. He's still paying off the loans and attorney bills.

"We're living a different kind of life," Aleman said. "We were comfortable before and now we're struggling. It's taken a major toll on us. Who's responsible?"

Attorney Luis Meyer, one of the lawyers representing Aleman in the civil suit, said his constitutional rights were violated.

In one count of the lawsuit, Meyer said the Illinois State Police officer who took over questioning at the Hanover Park police station conducted an illegal investigation. The videotaped interview shows that Aleman asked to speak with his lawyer and was told to keep quiet.

"He invoked his Fifth Amendment rights," Meyer said. "They're supposed to stop questioning. They didn't do that."

Instead, Meyer said, police pressed Aleman with promises and threats.

"The officer said, 'You need to tell us something or you're not going anywhere,'" Meyer said.

The complaint also states that Hanover Park police violated Aleman's right against "unreasonable seizure" when they brought him to the police station without probable cause or reasonable suspicion.

"He didn't have a choice in the matter," Meyer said. "He wasn't allowed to leave. He was confined in an interrogation room. It was false arrest and false imprisonment."

Aleman said he's simply looking to restore his life.

"I care about my family," Aleman said. "That's my only motivation -- to get back what they took."