Labar “Bro Man” Spann
Chicago police
One of the feds’ most significant street-gang convictions in recent years could be on shaky ground after prosecutors disclosed information that a judge Wednesday labeled “extraordinary” — before saying it could affect a jury’s verdict.
That jury in 2021 convicted Labar “Bro Man” Spann, who prosecutors identified as the leader of the Four Corner Hustlers street gang. The feds described the gang as a group of West Side robbers, drug dealers and killers whose crimes date back to the mid-1990s.
A 2017 indictment tied Spann and other members of the gang to six murders, including the 2003 killing of Latin Kings boss Rudy “Kato” Rangel. His death inspired a tribute from rapper DMX called “A ‘Yo Kato.”
Most defendants in the case pleaded guilty. But Spann was convicted following an eight-week trial that included testimony from another purported member of the gang, Sammie Booker, who pleaded guilty to a racketeering conspiracy in October 2019.
His written plea agreement said Booker would cooperate with prosecutors with the expectation that, in exchange, he’d be sentenced to between 25 and 35 years in prison.
The feds now say a former prosecutor on the case, Peter Salib, made a more specific — and previously undisclosed — promise as Booker prepared to testify before a grand jury in September 2017: That Salib would recommend a 25-year prison sentence for Booker.
Prosecutors only disclosed that information to U.S. District Judge Thomas Durkin and defense attorneys in a letter late last week. During a hearing in the case Wednesday morning, Durkin told the feds to file the letter on the public court docket, and they did so later in the day.
The judge said the “public has a right to know all aspects” of the matter, given its potential damage to the case.
The feds’ letter did not name Salib, but Durkin had them identify the former prosecutor during Wednesday’s hearing. Salib could not be reached for comment.
“Our office takes our discovery and ethical obligations very seriously,” said Joseph Fitzpatrick, a spokesman for the U.S. attorney’s office. “Upon learning of what happened, we thoroughly investigated this matter and promptly took action to notify the court and the defense attorneys involved in the case. At the appropriate time we will advise the court and the parties as to our position on next steps.”
Durkin complained that Salib’s promise to Booker was not disclosed when Booker testified against Spann, nor during Booker’s plea hearing. Durkin said he asked during that hearing whether any side deals had been reached — a question typically asked during such a proceeding.
“I’m troubled that, no matter what Mr. Booker thought and knew, there were attorneys who knew better and should have corrected the record at many different points in this saga,” Durkin said.
Booker’s defense attorney was present when Salib made his promise, according to the feds’ letter. Defense attorney William Stanton explained to the judge Wednesday that he didn’t mention it during Booker’s plea hearing because he didn’t find it to be inconsistent with the plea deal — which said Booker’s sentence “shall include” a prison term between 25 and 35 years.
“This was part of that range,” Stanton said.
Durkin disagreed, telling the lawyers “there’s a difference between 25 and 25-35.”
The feds’ letter goes into detail about how the promise wound up surfacing now. It said Booker’s defense attorney mentioned it in preparation for Spann’s trial in 2021. The feds said they reached out to Salib but did not explicitly ask if he’d promised a 25-year recommendation.
Then, in advance of a scheduled sentencing hearing for Booker in October 2022, Booker’s attorney mentioned the promise again in a letter. Prosecutors say they did not review that letter at the time, though, because Booker’s sentencing wound up being rescheduled. They only returned to it recently and spoke to Salib again on March 8.
Salib confirmed the recollections of Booker’s defense attorney during that conversation, the letter said.
Durkin on Wednesday gave defense attorneys in the case until May 24 to file motions responding to the revelation — and specifically for Spann’s attorney to ask for a new trial. He faces a mandatory life sentence, but Durkin hasn’t handed it down yet.
Durkin also mentioned the possibility of a hearing or the need for plea discussions down the road, telling lawyers there are “all kinds of things that could happen.”