a man named david koschman, fell, hit his head and died several days later. it didn t surface again until after the sun-times began looking into the matter and after chicago police ended their initial investigation without charging daley s nephew with a crime. sun-times later reported, the file had been missing for months, possibly years when it mysteriously turned up one summer s night three years ago on a shelf in the police station at belmont and western. officer who reported finding it, dennis walsh. walsh, according to the sun-times, has been tied to four instances of missing items. joining us, the go-to reporter on this case. tim novak. tim, walk me through this case. this incident happens outside a bar, and what happens next? there s two groups of people that encounter each other on the street back ten years ago. words are exchanged. the biggest guy in the other group throws a punch and knocks the littlest guy in the other group to ground. he cracks his head open, dies
dennis walsh. walsh, according to the sun-times, has been tied to four instances of missing items. joining us, the go-to reporter on this case. tim novak. tim, walk me through this case. this incident happens outside a bar, and what happens next? there s two groups of people that encounter each other on the street back ten years ago. words are exchanged. the biggest guy in the other group throws a punch and knocks the littlest guy in the other group to ground. he cracks his head open, dies 11 days later. the guy who threw the punch fled the scene and was never arrested until we started doing our stories three years ago. you guys start looking into it, and what do you find when you start looking into it? we find a case there s more peculiar. there were people who were never interviewed. police never canvassed the area for witnesses, never looked for
today in my column, i coined the phrase faux-nanimous. of course, because these decisions have been made we had a unanimous decision yesterday as well. the decisions have been unanimous, but then they ve had concurrences that basically say, here s my real feeling about this whole thing. in the case of the appointments, i mean, what struck me as strange is you got your three branches. you got your white house, you got your congress, you got your supreme court. this seemed like one of those fights between the white house and congress that supreme court is very careful about stepping into and yet here they did, they just charged right in. right. not only did they charge in, but then they proceeded because there s no precedent, right? there s we don t have a heap of case law about the recess appointment power. and so then it really just turns into a fight about, you know, first of all, what the word happens means in the recess appointments clause, but also like an even crazier fi
speech. there was a previous case, colorado case law in 2000 which basically made this 100-foot bubble around in that zone you couldn t get closer than eight feet to people to talk to them or to counsel them or to tell them you thought they were doing something horrific. the court upheld that. they struck down your law. your in the massachusetts record, you have police testimony saying we tried to do the eight-foot thing, but we re ending up, like, chasing billiard balls around the place trying to enforce this and it s unenforceable. exactly. our floating buffer zone didn t work. this particular statute was a carefully crafted way in which we could balance all the interests involved. it worked. it was effective. it was predictable. people knew where they could go, what they could do. striking down this law seems to me now to say, you have to wait until someone s hurt or someone s been interfered with and we will do that. we are prepared to go back to the legislature.