Vol. 2, Issue 60: Chicago's Criminal Justice Playbook
At Issue: New Charges That City Withheld Evidence
Faced once again with accusations that city lawyers withheld evidence in a civil rights trial, Chicago abruptly settled a lawsuit last week over a non-fatal police shooting. It marks the third such case in a year—and the tenth since Mayor Rahm Emanuel took office in 2011—where the city has faced legal sanctions for concealing evidence (Chicago Tribune).
The settlement amount remains undisclosed. Since 2011, settlements and jury verdicts in cases involving concealed evidence have totaled $45 million.
The agreement was announced during a hearing where U.S. District Judge Rebecca Pallmayer planned to impose sanctions. The lawsuit was brought by Jacquise Evans, who was 16 when he was shot in 2015. At issue were records of civilian complaints against Sgt. Richard Salvador, a video showing him threatening and verbally abusing a suspect, and a related lawsuit that city attorneys failed to disclose.
The law department stated it is reviewing the case to determine if personnel action is warranted, adding, “We are examining our discovery policies and procedures to identify improvements and will be adjusting training to ensure that any mistakes are not repeated.”
A year ago, the law department claimed to have fully implemented 50 recommendations from a $1.6 million review led by former U.S. Attorney Dan Webb. His report, criticized as a “whitewash” by civil rights lawyers, found no pattern of misconduct but suggested improvements in training, communication with CPD, and document management (Chicago Reporter, Tribune).
“I think it’s time for someone to step up and address how the city is handling these cases and keeping records,” Pallmayer said, according to the Tribune. “The number of times there have been problems just keeps escalating, and this episode is as distressing as any.”
SLICED SNEAKERS KEY TO MAN’S RELEASE
A man who alleged police interrogators cut the tips off his sneakers to intimidate him was released last week after 21 years in prison. Jaime Hauad, 37, was originally sentenced to life for a 1997 double murder (Chicago Tribune).
The Cook County State’s Attorney reduced Hauad’s sentence to time served following a review by the office’s Conviction Integrity Unit. This review was prompted by the Illinois Torture Inquiry and Relief Commission’s finding that “sufficient evidence of torture” existed in his case to merit judicial review.
Hauad’s attorneys said they will continue working to overturn his conviction.
Key evidence included photos of police lineups showing Hauad’s sneakers intact, then later with the toes cut off—photos he obtained through a freedom of information request after years in prison. Hauad also reported being beaten during interrogation. Additionally, his attorneys presented a letter from the U.S. Attorney’s office stating that an FBI informant had identified someone else as responsible for the murders.
The Fraternal Order of Police condemned the decision, calling it “a betrayal of the criminal justice system” and criticizing the state’s attorney, Hauad’s lawyers, and the torture inquiry commission, which the FOP considers unconstitutional.
A Chicago Sun-Times editorial supported the decision, calling it “an important step in reviewing troubling police torture-related convictions” and urging the state legislature to provide more resources to address the commission’s backlog of 462 cases.
RIALMO CHARGED IN BAR FIGHT
Officer Robert Rialmo, who fatally shot Quintonio LeGrier and Bettie Jones in December 2015, has been charged with battery and theft following a bar fight on the Northwest Side last month. He allegedly punched two men in the face and took a jacket belonging to one of them. Rialmo’s attorney claims he acted in self-defense against “highly intoxicated aggressors.” The Civilian Office of Police Accountability (COPA) is investigating (Chicago Tribune).
After a judge dismissed objections from Rialmo’s attorney, COPA released video footage of the incident (COPA). Rialmo’s attorney later claimed the jacket belonged to Rialmo himself (Tribune).
Meanwhile, Supt. Eddie Johnson accused COPA of withholding materials related to the LeGrier and Jones shooting investigation. He requested "every document relevant to this investigation," including exhibits, witness testimony, videos, and expert reports. COPA stated it has responded, and CPD’s review is proceeding. COPA has recommended Rialmo be fired for unjustified use of force; Johnson has 60 days to decide (Sun-Times).
Fraternal Order of Police president Kevin Graham criticized COPA for omitting findings from a Boston police lieutenant hired as a subject matter expert. The union learned of the review through a FOIA request (Sun-Times).
Rialmo has raised over $2,000 toward a $50,000 GoFundMe goal for his legal bills. The city has refused to cover his legal fees, though his attorney argues it is required under the FOP contract. Rialmo is suing both the city and LeGrier’s family (Sun-Times).
NO CHARGES IN O’NEAL SHOOTING
No criminal charges will be filed against the officers involved in the July 2016 shooting death of Paul O’Neal, the state’s attorney’s office announced (Sun-Times).
Prosecutors stated that two officers who fired at O’Neal “were placed in reasonable fear of death or great bodily harm” when the 18-year-old drove toward them, and the officer who fatally shot O’Neal “reasonably believed that O’Neal had fired at police,” though the shots actually came from fellow officers. O’Neal was unarmed when he was killed.
Last year, the Civilian Office of Police Accountability (COPA) recommended firing Officers Michael Coughlin Jr. and Jose Torres for violating department policy by shooting at a moving car on a residential street. COPA also recommended suspending Officer Jose Diaz, who shot O’Neal, for failing to activate his body camera and for kicking and cursing at O’Neal after the shooting.
TASER INCIDENT INVESTIGATED
Newly released bodycam footage shows a CPD officer tasing a man as he climbed a fence while fleeing a traffic stop. The incident occurred in November 2017, about a month after CPD implemented a new taser policy discouraging its use on fleeing suspects, particularly when they are in an elevated position or at risk of head injury. The suspect was treated at a hospital for head bleeding and now faces forgery and identity theft charges. COPA is investigating the incident (Tribune).
SECOND JAIL GUARD REINSTATED
A second Cook County correctional officer fired for misconduct has been reinstated amid the ongoing fallout from a court ruling that invalidated decisions by Sheriff Tom Dart’s merit board. Joel Mireles, fired in 2015 after video showed him punching a detainee and shoving him into a wall, was reinstated (Tribune). Multiple lawsuits by ousted officers are pending, with potential back-pay settlements totaling millions, after a court ruled Dart’s board was “illegally constituted” due to members being appointed to terms shorter than the required six years (Tribune).
VAN DYKE TRIAL: POLITICS AND POLLING
Though former State’s Attorney Anita Alvarez has denied that politics influenced her December 2016 decision to indict Officer Jason Van Dyke for murder in the shooting of Laquan McDonald, the Sun-Times reports that political consultant Ken Snyder was involved in discussions preceding the announcement and helped frame her statements to the media (Sun-Times).
Meanwhile, Van Dyke’s attorneys will be allowed to call witnesses—including staff from the county’s juvenile detention center who saw McDonald get into fights—to support Van Dyke’s self-defense claim with evidence of McDonald’s history of violence (Tribune).
Van Dyke’s attorneys also said they are hiring a polling firm to support their argument that the trial should be moved outside Cook County due to the impact of pretrial publicity. They may also seek a bench trial (Sun-Times).
GUEVARA CASES CONTINUE
By BuzzFeed’s count, 13 of 56 individuals who say they were framed by former Det. Reynaldo Guevara have been exonerated, and at least 17 more have filed post-conviction petitions. Two Guevara defendants, Ricardo Rodriguez and Johnny Flores, have hearings this month. So far, the state’s attorney’s office has allowed convictions in the remaining cases to stand “and, in some cases, opposed defendants’ attempts to clear their names” (BuzzFeed).
HOMICIDE CLEARANCE RATE FALLS AGAIN
CPD’s murder clearance rate fell again in 2017 to a new low of 17.2 percent, WBEZ reports. A retired South Side homicide detective discusses the importance of community relations, the impact of stop-and-frisk, changes in gang organization, and the role of new technology— which “is not a substitute for connectivity to the community.” He also emphasizes the need to promote more Black detectives (WBEZ).
SHARON FAIRLEY ON REFORM
WBEZ spoke with former COPA administrator Sharon Fairley, now a candidate for attorney general, about progress on police reform, the prospects for the next police contract, and protests over a new police training facility (WBEZ).
COPA COMMUNITY NIGHT
The Civilian Office of Police Accountability will host its first community event, giving residents an opportunity to meet COPA leadership and staff, learn about the agency’s investigative process, and ask questions. The event will take place on Tuesday, February 6, at 6:30 p.m. at Hope Community Church, 5900 W. Iowa.