Vol. 2, Issue 51: Chicago's Criminal Justice Playbook
At Issue: Illinois Attorney General Sues for Court Oversight of Chicago Police
Recent reforms by the Chicago Police Department “are insufficient to eliminate the city’s decades-long policy, custom, or practice of unlawful conduct and to ensure it will not recur,” according to a lawsuit filed this week by Illinois Attorney General Lisa Madigan.
Madigan and Mayor Rahm Emanuel announced Tuesday that the city has agreed to a consent decree, which will include oversight by an independent monitor and a federal judge.
The announcement comes just one week after city lawyers moved to dismiss a similar lawsuit filed by civil rights groups and victims of police abuse, arguing that ongoing reforms made the plaintiffs’ claims moot.
Inspector General Joe Ferguson noted that the mayor’s reversal reflects widespread demands for Emanuel to uphold his earlier promise to seek a consent decree.
The Chicago Tribune cited sources close to Emanuel who suggested his reluctance to pursue a consent decree stemmed from concerns over “police morale.”
“Residents of the city, especially in communities of color, cannot continue to live in fear—whether from criminals or the police,” Madigan wrote in a Sun-Times op-ed. “We owe the people of Chicago—civilians and officers alike—a police department that respects their rights, protects their safety, and supports the brave officers who risk their lives to take on these responsibilities.”
Emanuel’s decision to enter a consent decree with Madigan reflects an acknowledgment that CPD “cannot rectify the systemic deficiencies that have led to the department’s racist and violent practices without judicial oversight,” said Sheila Bedi and Craig Futterman, lead counsel in the lawsuit filed by Black Lives Matter and others in June.
“But a second necessary component to addressing systemic police abuse is accountability to the community,” they added. “This can’t simply be a deal among politicians. The people most harmed by police abuse must also have the power to negotiate and enforce the decree—this means a formal seat at the table with full enforcement power.”
The Chicago Tribune noted that “the hard part” will be “negotiating a comprehensive deal that provides officers with the training, supervision, and equipment required to create a professional, effective police force that is also trusted by the people. The only way for this to happen is to give seats at the table to all stakeholders, including residents and civil rights groups.”
In a joint statement, Aislinn Pulley of Black Lives Matter Chicago and Frank Chapman of the Stop Police Crimes Organizing Committee called the announcement by Madigan and Emanuel “nothing more than the latest puff of smoke emitted by the powers that run Chicago to cover up ongoing police crimes... People are demanding real reform and the creation of an all-elected civilian police accountability council to replace the current mayor-appointed rubber-stamp Police Board, Independent Police Review Authority, and the Civilian Office of Police Accountability.”
FEDERAL JURY CONVICTS OFFICER
A federal jury convicted Officer Marco Proano on two felony counts of civil rights violations for a December 2013 incident in which he wounded two people while shooting into a car full of unarmed teenagers in Roseland on the South Side.
Proano is the first Chicago officer in 15 years to face federal charges for an on-duty shooting. His sentencing is scheduled for Nov. 20, and he faces up to 10 years in prison for each count.
The trial centered on dashcam footage showing Proano firing 16 shots in nine seconds as the vehicle reversed away from him—continuing to shoot even after the car crashed and came to a stop. In 2015, city lawyers successfully petitioned a federal judge to place the video under a protective order when a lawsuit by the two victims was settled. However, retired Cook County Judge Andrew Berman, who presided over the criminal case of one victim (and was not bound by the order), released the footage to the Chicago Reporter.
Proano was previously found liable for excessive force by a jury in a lawsuit filed by the family of 19-year-old Niko Husband, whom the officer fatally shot in 2011. A Cook County judge later overturned that verdict.
On August 16, IPRA sustained allegations of misconduct against Proano in the 2013 shooting. CPD is reportedly reviewing IPRA’s recommendation that he be fired.
TASERS HEAVILY USED BY SOME OFFICERS
The Chicago Tribune reviewed data on Taser use over the past decade and found that a small group of officers who deploy stun guns far more frequently than others includes those who have also fired their guns more often or been the subject of frequent civilian complaints.
CPD now has 2,400 Tasers, up from 745 two years ago, with a goal of reaching 6,900—one for each patrol officer—by the end of the year.
The city has paid at least $23.1 million to settle more than 100 Taser-related lawsuits, according to the Tribune. At least eight people have died after being Tased by Chicago officers, and the weapons are disproportionately used against African Americans.
Despite a city ordinance requiring investigations into all weapons discharges, the Independent Police Review Authority has examined few Taser incidents. Between 2012 and 2015, IPRA recorded nearly 2,000 Taser discharges but conducted full investigations in only 20 cases. Just one resulted in minor discipline for an officer’s failure to file a use-of-force report.
The Civilian Office of Police Accountability (COPA), set to replace IPRA in September, has a more limited mandate for monitoring Taser use. Its founding ordinance requires investigations only in cases resulting in death or serious injury, or when a civilian complaint is filed. Administrators also have the discretion to order investigations.
CPD plans to create a new unit to audit all use-of-force incidents and refer potential violations to COPA. However, this new arrangement means that “the bulk of monitoring will continue to fall to the Police Department, whose command officers have consistently signed off on reports of Taser use,” according to the Tribune.
Experts say CPD’s new use-of-force policy, unveiled in May, remains “too permissive” and allows Taser use in situations—including against fleeing suspects who pose no immediate threat—where the Justice Department has deemed it “unconstitutional on its face.” Other police departments have banned such use.
Meanwhile, the Sun-Times reports that the City Council is set to approve a $9.5 million legal settlement for a man who became disabled after being Tased by police in 2011.
MORE ON STRATEGIC SUBJECT LIST
Chicago Magazine investigated CPD’s Strategic Subject List, a tool for “predictive policing,” and found that only 3.6 percent of individuals on the list have been “parties to violence,” while just 3.1 percent have been arrested for weapons possession. Contrary to CPD’s claims, the magazine reports that the list is being used to question and arrest people rather than solely for social service interventions. In fact, more individuals on the list are being arrested than contacted for support services.
CONFLICTING ACCOUNTS, CHARGES DROPPED
Criminal charges against a 28-year-old African American man, stemming from an October 2014 altercation in a downtown parking garage, were dropped last month following an investigation by Sun-Times reporters. Their findings revealed starkly conflicting accounts from the three officers involved, an active investigation into allegations that the officers had been drinking on duty that afternoon, and the resignation of two city lawyers after an inspector general’s report accused them of “providing questionable advice” to the officers after the incident.
Joseph Baskins, who had spent nearly three years in jail, was released. Meanwhile, Sgt. Patrick Gilmore suffered brain damage in the altercation.
WAITING 17 YEARS FOR A HEARING
Roosevelt Myles was convicted of murder in 1992, despite a series of conflicting witness statements. In 2000, the Illinois Appellate Court granted him a hearing on his post-conviction petition, citing ineffective counsel by a public defender who failed to call three known alibi witnesses. Nearly 17 years later—after more than 70 delays and repeated failures by Judge Dennis Porter to rule on at least four motions to advance the case—Myles has yet to receive his hearing, BuzzFeed reports.
NOT GUILTY- AFTER FIVE YEARS IN JAIL
Omar Williams was acquitted of murder in June—after spending more than five years in jail, Injustice Watch reports. No physical evidence linked Williams to the crime, and the prosecution's case relied primarily on the testimony of a surviving witness whose story had changed multiple times. On the day of his release, 925 detainees in Cook County Jail had been awaiting trial for over two years, with 75 having waited more than five years.
EVAN FILES LAWSUITS
Lt. Glenn Evans has filed a lawsuit in Cook County Circuit Court, alleging he was unfairly targeted for investigation by IPRA. A similar federal lawsuit was dismissed earlier this year. Evans has also sued CPD, claiming racial discrimination. He was acquitted of aggravated battery and misconduct charges in 2015. In May 2016, IPRA missed a legal deadline to recommend his firing in a separate incident in which he broke a woman’s nose.
RAUNER SIGNS REFORM BILLS
Governor Rauner signed six bills to help ex-offenders reintegrate into society, including one to expedite juvenile record expungement. Another bill amends a statute prohibiting parolees from contacting gang members, now limiting penalties to cases involving “streetgang-related activities.” Earlier this year, the Sun-Times reported that thousands of parolees had been arrested for gang contact, often in innocuous circumstances. Rauner also signed a bill requiring state agencies to be promptly notified when courts order mental health treatment for jail inmates.
MURDER CLEARANCE RATE, ARRESTS DECLINE
CPD’s clearance rate for murder cases continues to decline, with arrests made in fewer than 20 percent of cases this year, the Sun-Times reports. The paper also notes that total arrests dropped 24 percent last year, partly due to the decriminalization of marijuana.
SURVEY SHOWS LACK OF TRUST
A survey of four high-crime Chicago neighborhoods, conducted by the Urban Institute as part of the evaluation of the Chicago Violence Reduction Strategy, found that community members generally do not perceive the police as acting in a procedurally fair manner. Meanwhile, police officers believe the community does not trust them and “express little confidence or trust in those living in the districts they police.” However, residents say they are generally willing to cooperate with police on crime control efforts.