A Cook County judge denied a motion by Officer Robert Rialmo’s attorney for a directed verdict — which would have found him not guilty — in the final day of the embattled Chicago Police officer’s criminal trial Tuesday morning.
Joel Brodksy, Rialmo’s attorney, argued that Rialmo was well within his right to defend himself and his property when he punched Atmiya Patel and Brandon Stassen in a Northwest Side restaurant in December 2017.
Brodsky’s motion for a directed verdict came just after prosecutors rested their case.
“There’s been no evidence — credible evidence — that the force used was excessive,” Brodsky said. “The state did not prove their case beyond a reasonable doubt.”
Judge Daniel J. Gallagher denied the motion without explanation. Gallagher has said that the trial will be completed Tuesday.
Rialmo, 29, is facing two counts of misdemeanor battery for punching Stassen and Patel, both 23, inside Moretti’s Pizzeria and Ristorante in the early hours of Dec. 17, 2017.
The punches were thrown after Patel, who was looking for his coat, mistakenly tried to leave with Rialmo’s. A “tug of war” ensued over the coat and Rialmo pushed Patel over, then punched Stassen, knocking him unconscious. As Patel stood back up, Rialmo punched him in the jaw.