By George Houde Special to the Tribune
6:43 p.m. CDT, September 16, 2013
A Cook County judge reversed herself Monday and dismissed weapons charges against a Chicago man after a recent Illinois Supreme Court ruling that called part of the state's gun law unconstitutional.
Cook County Circuit Judge Ellen Mandeltort last week denied Deafalla Haddad's request to drop the charges.
But the Supreme Court ruled Thursday that part of the state's gun law was unconstitutional and advised prosecutors to drop charges in certain cases. That ruling fell in step with a federal court decision earlier this year declaring that the state's gun laws violated the U.S. Constitution.
At Monday's hearing, defense attorney Matt Fakhoury asked Mandeltort to reconsider the request in light of the Supreme Court decision. She agreed and found the case against Haddad violated his Second Amendment rights.
"This court finds that the charges (against Haddad) are unconstitutional," Mandeltort said from the bench.
Fakhoury said it was the first case in Cook County to be dropped after last week's ruling and that there could be more challenges filed.
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