Cop Who Beat Bartender Heads To Court

Fox Chicago News first showed you the dramatic video of an off duty Chicago police officer beating a barmaid more than two years ago.

A security camera caught the incident at Jesse's Shortstop Inn. Anthony Abbate is charged with the beating. Karolina Obrycka is the barmaid who got the beating. She says it’s because she stopped serving him.

“It stays in your head to the end of your life. You’re not able to forget about that,” aid Obrycka.

Two weeks later, Chicago police got another blow: the city's police superintendent, Phil Cline, resigned.

“I have met with the mayor and informed him of my intentions. Leaving during these times of challenge makes my decision even more difficult,” said Cline.

Cook County prosecutors originally charged Abbate only with battery for his part in the February 19, 2007 beating.

When Fox Chicago News aired the tape a month later, prosecutors upped the charged to felony aggravated battery and arrested Abbate at his Northside home.

At one time, both sides were close to reaching a plea bargain. It fell through because it did not include probation, something the defense wanted at that time. Now, Abbate's trial is scheduled to begin on June 1st.

“I think he should strongly be considering a plea given what everybody has seen on that video,
said Clinical Law Professor Craig Futterman.

That's despite the recent verdict in another high profile police misconduct case that was also caught on camera. A judge found the Chicago police officers charged in the Jefferson Tap case 'not guilty.' Some legal experts say Abbate should not put too much stock in that verdict.

“My own advice to him is I wouldn’t be so embolden by that. The entire world saw that video and there's not much room for ambiguity in that video,” said Futterman.

Not much has been said about Abbate's case since last May. That’s when his attorney asked for and received a gag order. So, we looked through the court file and found a few potential surprises that may happen at trial.

In a document filed just last month, Abbate’s attorney says his client may testify and he may also claim 'self defense.'

“I don’t think anyone, any rational person watching that video could ever find self defense,” said Futterman.

Daniel Smith grew up in a family of Chicago cops and has written a book called "Behind the Stars of the Chicago Police Department." He thinks most police officers are hoping for a guilty verdict.

“I think that the Chicago Police Department as a whole, the individual rank and file officers, would probably prefer a guilty verdict versus a non-guilty verdict. That way, it’s guilty and boom, let’s just move on,” said Smith.

No matter the verdict, Smith thinks one of the biggest challenges for the police department is getting past the tape and getting people to stop equating one bad apple with the other thirteen thousand officers in the department.