Birkett, Daily Herald failed to get real story
DuPage state's attorneys prosecuted my son, Troy Kindt, on nine counts, including first-degree murder, related to a June 12, 2004 fight at the El Burrito Restaurant in Addison.
There is much to criticize about this prosecution and specifically, Joseph Birkett, and much to criticize in the Daily Herald's Aug. 7, 2006 article, "Unhealed wounds."
The article failed to mention relevant facts and circumstances that were either brought out at the trial or were unknown by readers.
The incident began in the El Burrito parking lot, where Nick Artman (blood alcohol content of .24, three times the legal driving limit) sped past Troy Kindt' s vehicle, almost hitting him. Troy was with Louis Battistoni, and as Nick Artman exited the vehicle, Lou had words with Nick.
As Troy pulled along the side of the building, Nick came from the front of the building yelling profanities. Troy stated that Nick came at him with something that was shiny in his hand. This was obviously Nick's knife that was found on the ground next to him in an open position. Troy and Nick got into a fight. Within seconds, Troy was struck in the head with a Mag flashlight by Anthony Artman -- Nick's brother -- resulting in Troy having 48 stitches to his head. Lou and Anthony started fighting and when Nick went down, Troy got involved in the altercation between Lou and Anthony. Anthony dropped the flashlight, which was picked up by Lou, who Troy testified, then started striking Nick. Troy yelled for Lou to get him to a hospital.
Lou brought the flashlight and drove Troy to Gottlieb Hospital. Lou also retained possession of Anthony Artman's flashlight and later hid it in three different locations.
As testimony revealed, Lou told three people at the hospital that he did both guys in and told them that there were no witnesses. Lou, at the time, was on probation from another crime. Later, at the grand jury, three people testified as to what Lou had told them after the fight. The state's attorney's office either did not believe those witnesses or had its own agenda.
The state's attorney's office charged Troy four days after the incident. They sought their indictment against Troy mainly on Lou stating that Troy hit Nick Artman with the flashlight. Lou's motive to testify against Troy was obvious. There would be no violation of his probation and the murder charge would not be against him.
The state's attorney's office, through Birkett, called Troy Kindt a coward in the newspaper. Birkett indicated that Troy is the type that goes out and has a few beers and wants to start fights. These are misleading and inflammatory statements. Troy was an all-area football and baseball player and captains of both teams in high school. There is no indication that Troy drank any alcohol to any excess that night. Furthermore, there is a civil suit filed by the Artmans against Troy Kindt, and the lawyer handling the civil suit for the Artman family happens to be Birkett's former campaign manager. Birkett failed to mention that Nick Artman went out on Friday night with a knife in his dress pants and that his brother brought the murder weapon to the fight. These weapons elevated the fight from fisticuffs to a deadly altercation.
The jury found Troy not guilty of all charges except one mob action charge; that conviction is on appeal. We have heard from a juror that 10 of the 12 jurors wanted to acquit him on mob action but two held out, as they believed Troy would get probation. Instead, the judge gave Troy a maximum sentence when the guideline for a class-four felony and a first-time offender would have been probation.
Why wasn't Anthony Artman charged at least with mob action and aggravated battery by the state's attorney's office? He brought the supposed murder weapon to the fray.
The facts show that the state's attorney's office attempted to prosecute with the flimsiest of evidence. Why did they not look at who started the fight; who brought deadly weapons; the drunkenness of Nick Artman; and the motive for Louis Battistoni in telling the state's attorney's office that it was Troy who struck Nick in the head; and the three other witnesses who indicated Lou stated otherwise?
Finally, the Daily Herald article, while concentrating on the tragedy the Artman family endured, failed to elicit the real story: the state's attorney's office's negligence or incompetence. The article portrays a bias against Troy such as stating Troy had a "horrible driving record." But Troy never had a DUI. The article also mentioned Nick carrying the knife "allegedly for landscaping reasons." Why was he carrying a knife when he was not landscaping and was out at night drinking to excess?
Maybe the Daily Herald should dig a little further so that the readers have more understanding of how the state's attorney's office either acted/or failed to act.