Vol. 2, Issue 73: Chicago's Criminal Justice Playbook
At Issue: Final Hearings on Consent Decree
Final public hearings on the proposed consent decree for the Chicago Police Department (CPD) will take place on October 24 and 25 before U.S. District Court Judge Robert M. Dow Jr. (Chicago Sun-Times).
A revised draft decree was submitted on September 13, shortly after the city agreed to require officers to report incidents in which they point guns at individuals (Chicago Tribune). Other major revisions included greater detail on requirements for interactions with individuals with disabilities and protections for the rights of juvenile detainees (PDF).
One addition mandates that CPD provide arrestees with access to phone calls “as soon as practicable.” Currently, detainees are generally not allowed phone calls until after interrogation.
The U.S. Department of Justice (DOJ) filed a statement of interest on October 9 opposing the consent decree, arguing that increasing police accountability would hinder efforts to reduce crime (Chicago Tribune).
“The Trump administration never ceases to amaze,” commented CPD Supt. Eddie Johnson, emphasizing that “as we have made major reforms in the past two years, we have also driven a 30 percent reduction in gun violence” (Chicago Sun-Times).
Local advocates called the DOJ filing “a last-minute political play” (Chicago Tribune), noting that if the Justice Department were serious about intervening, it would have done so months ago. They also pointed out the contrast between Attorney General Jeff Sessions’ stance that police matters should be left to state and local authorities and his opposition to a reform measure developed by the Illinois Attorney General and the City of Chicago.
The DOJ filing came a day after President Donald Trump addressed the International Association of Chiefs of Police, calling for Chicago to lift reporting requirements on stop-and-frisk practices (Chicago Sun-Times). These requirements, established in a 2015 agreement with the ACLU, were intended to ensure that officers meet constitutional standards when conducting stops and searches (Chicago Reporter).
Meanwhile, the Fraternal Order of Police announced plans to appeal Dow’s denial of their motion to intervene in and dismiss the consent decree.
Mayor Rahm Emanuel and Attorney General Lisa Madigan announced four legal teams as finalists in the search for an independent monitor (Chicago Tribune), and Emanuel included $25.7 million to cover the costs of police reform in his 2019 budget proposal (Chicago Sun-Times).
VAN DYKE FOUND GUILTY, AWAITS SENTENCING
Following his conviction on charges related to the 2014 shooting death of Laquan McDonald, Officer Jason Van Dyke is being held in protective custody at Rock Island County Jail (Chicago Sun-Times). A sentencing hearing is scheduled for October 31.
Van Dyke was convicted of second-degree murder and sixteen counts of aggravated battery (Chicago Tribune, Chicago Sun-Times, WBEZ). Second-degree murder carries a sentence of four to twenty years, with the possibility of probation. Aggravated battery carries a mandatory minimum of six years, and at least some of the terms could be served consecutively rather than concurrently. Van Dyke’s attorneys have vowed to appeal his conviction, citing Judge Vincent Gaughan’s denial of their motion for a change of venue among possible grounds (Chicago Sun-Times).
Jurors stated that video evidence of the shooting undermined Van Dyke’s self-defense claim (Chicago Tribune).
The convictions of Van Dyke—along with that of Officer Ray Oliver in Dallas—may signal a shift in jury attitudes toward police accountability. “Juries can’t be reluctant to second-guess an officer’s decision. That’s their job” (National Review).
However, some observers argue that Van Dyke’s conviction should not be seen as evidence that the system is functioning fairly. “The verdict was a rare example of a white police officer being convicted of murder for killing a Black person. This outcome might tempt some to say that the system finally worked. But really the opposite is true. The system is designed to exonerate police who abuse their authority, not convict them. The system tried to protect Van Dyke, and it failed” (The Atlantic).
NEXT UP: TRIAL ON OBSTRUCTION CHARGES
The trial of three officers charged with conspiracy, official misconduct, and obstruction of justice for filing false reports about the shooting of Laquan McDonald is scheduled to begin on November 26 (Chicago Sun-Times).
The defendants are Officer Joe Walsh, who was Jason Van Dyke’s partner on the night of the shooting; Detective David March, who investigated the incident; and Officer Thomas Gaffney, the first officer on the scene. According to court documents unsealed earlier this month, the three officers “gave virtually identical false information” in their reports, falsely claiming that McDonald had battered, assaulted, and attacked Van Dyke (Chicago Tribune). Additionally, an unidentified officer is expected to testify that March instructed her to report that McDonald had injured Van Dyke (Chicago Tribune).
Walsh and March retired from the Chicago Police Department in 2016 after an inspector general report recommended their termination (Chicago Tribune). The three officers have pleaded not guilty and have opted for a bench trial before Cook County Judge Domenica Stephenson.
Meanwhile, despite Mayor Rahm Emanuel’s public acknowledgment of a “code of silence” within the CPD, the city’s law department continues to rely on an expert witness in misconduct lawsuits who argues that no such widespread code of silence exists (Better Government Association).
JON BURGE
Disgraced former Chicago Police Commander Jon Burge, whose name became synonymous with police torture, wrongful convictions, and more than $100 million in legal settlements, died on September 19 at the age of 70 in Florida (Chicago Sun-Times).
Burge was fired in 1993 by the Chicago Police Board after it found he had engaged in torture. However, he was never criminally charged for the torture allegations. In 2012, he was convicted of perjury and obstruction of justice for lying about his misconduct and served fewer than four years in prison. Despite his conviction, he continued to receive a pension of $4,000 per month.
Journalist John Conroy, who first exposed Burge’s abuses and extensively covered the case (Chicago Reader), reflected on Burge’s legacy in a Better Government Association podcast. Conroy emphasized that Burge should not be viewed as the sole source of corruption but rather as part of a broader systemic failure. "Had he been properly supervised, the torture wouldn’t have happened,” Conroy stated. The deeper issue, he argued, is “why CPD is so difficult to reform and what it is about the culture of CPD that allowed this to happen—that allowed the whole Laquan McDonald incident” (Better Government Association).
In 2015, the city of Chicago passed a reparations ordinance for Burge’s victims, establishing a $5 million fund, opening the Chicago Torture Justice Center in Englewood to provide trauma support, and mandating that Chicago public schools teach a curriculum on the Burge torture scandal. Approximately 50 torture survivors now speak to students about their experiences. According to a New Yorker report, students frequently draw connections between the torture cases of the 1970s and ’80s and their own encounters with police violence.
Meanwhile, another Burge-linked case is returning to court. Gerald Reed was convicted of a 1990 double murder after confessing during an interrogation by Detectives Michael Kill and Robert Breska, both of whom worked under Burge. The Illinois Torture Inquiry and Relief Commission recommended four years ago that Reed receive a hearing on his motion to suppress his confession, citing medical evidence that severe injuries to his leg could have only occurred during his detention (Illinois Torture Inquiry and Relief Commission). The Chicago Alliance Against Racist and Political Repression announced that Reed is expected to be granted a new trial at a hearing scheduled for October 29 (Chicago Alliance Against Racist and Political Repression).
OFFICER CLEARED IN DAKOTA BRIGHT KILLING
A sharply divided Chicago Police Board rejected a recommendation from the Independent Police Review Authority (IPRA) that Officer Brandon Ternand be fired for unjustified use of force in the 2012 fatal shooting of Dakota Bright, an unarmed 15-year-old African American. The board’s decision reinstates Ternand with back pay (Chicago Tribune).
Five board members found Ternand’s testimony “credible and persuasive,” accepting his claim that he shot Bright from 50 feet away after Bright allegedly turned his head toward the officer and reached for his side. However, three dissenting board members—including Board President Ghian Foreman and Vice President Paula Wolff—pointed to the autopsy report, which found that Bright was shot in the back of the head. They also noted that no evidence indicated Bright ever had a gun in his possession. A .22-caliber revolver was reportedly found in the yard where the foot chase began, but its connection to Bright remains unverified (Chicago Police Board).
The case reached the police board after Chicago Police Superintendent Eddie Johnson overruled IPRA’s recommendation that Ternand be fired.
Ternand had a history of civilian complaints prior to the Bright shooting. A Chicago Tribune investigation found that between 2010 and 2014, he accumulated 23 complaints—including allegations of excessive force and illegal searches—placing him among the top dozen officers with the highest number of complaints. Despite this, he was never disciplined (Citizens Police Data Project).
LAG IN VIDEO RELEASE
The Civilian Office of Police Accountability (COPA) released surveillance video last week of a highly questionable police shooting involving an unarmed 19-year-old mentally disabled Black youth—more than a year after the incident occurred (Intercept).
Despite a policy mandating the release of video evidence within 60 days, the delay in this case "demonstrates the incoherence of the current policy on video release," according to journalist Jamie Kalven. Additionally, initial statements from the Chicago Police Department, which reflected only the officer’s point of view, have not been updated to account for the video evidence (Intercept).
The state’s attorney declined to prosecute Officer Khalil Muhammad, who claimed that victim Ricardo Hayes "displayed a dark object" before the shooting. A COPA investigation into the incident is ongoing, and Muhammad has been stripped of his police powers. Hayes has filed a lawsuit against the city (Intercept).
JUDGES “BACKSLIDING” ON BOND REFORM
While mayoral candidates compete to claim credit for reductions in Cook County Jail’s population, those gains are steadily eroding due to bond court judges’ lack of adherence to a September 2017 order requiring that money bonds be set at affordable levels, according to a report from the Coalition to End Money Bond (Coalition to End Money Bond).
"If current trends continue, the improved outcomes that initially resulted from the implementation of the order will be all but gone in a matter of months," the report states.
“Judges are backsliding,” said Matthew McLoughlin, director of programs for the Chicago Community Bond Fund. “The use of money bond is steadily approaching pre-order levels, and the number of money bonds that were set higher than defendants indicated they could pay... nearly tripled from November 2017 to June 2018” (Coalition to End Money Bond).
Following the order issued by Chief Judge Timothy Evans, Cook County Jail’s population initially dropped from 7,500 to below 6,000 within three months. However, it has since climbed back to 6,300, according to Sharlynn Grace, executive director of the Chicago Community Bond Fund. Currently, 2,700 people are held in the jail solely because they cannot afford to pay their money bond (Coalition to End Money Bond, n.d.). One consequence is the reinforcement of racial disparities, as African Americans, who make up 23% of Cook County’s population, account for 74% of those incarcerated in the jail.
On September 25, members of 40 organizations within the coalition held a demonstration at Cook County Jail, calling on Evans and bond court judges to eliminate money bail. “It doesn’t add value in terms of ensuring people come back to their court dates, and it does add significantly to racial disparity,” Grace stated (Coalition to End Money Bond).
Bond Court Judge Michael Clancy, who is seeking a six-year term in the November election, has deviated from the chief judge’s order more frequently than the other five bond court judges (Chicago Sun-Times).
DEMOCRATIC PARTY OPPOSES JUDGE COGHLAN’S RETENTION
The Cook County Democratic Party took the rare step of opposing the retention of a sitting judge, refusing to back Circuit Judge Matthew Coghlan for re-election in November. Coghlan is currently being sued for his role as an assistant state’s attorney working alongside Detective Reynaldo Guevara in the wrongful convictions of Armando Serrano and Jose Montanez. Both men were convicted of murder and served 23 years in prison before being exonerated in 2016 (Injustice Watch).
“We not only voted to end a decades-old practice of universally supporting every judge for retention, but we also took steps to get rid of a racist judge,” said 47th Ward Democratic Committeeman Paul Rosenfeld (Injustice Watch).
Injustice Watch has published a guide to judges seeking retention and election, highlighting negative ratings, notable reversals, and harsh sentencing practices.
INSPECTOR GENERAL: COPS IN SCHOOLS, STUDENTS AT RISK
Lack of standards for recruitment, training, and evaluation of officers stationed in public schools puts students at risk of civil rights violations and unnecessary involvement in the criminal justice system, according to a report from Deputy Inspector General for Public Safety Joseph Lipari (Chicago Sun-Times; Office of Inspector General [OIG]).
School resource officers currently operate without a memorandum of understanding between the police department and Chicago Public Schools, and neither agency is even able to provide a current roster of officers, according to the report.
In response to the report, CPD promised reforms would be included in the consent decree currently under consideration in federal court and would be implemented in the 2019–20 school year. However, that delay leaves students “without the protections and assurances of a school safety program that is aligned with national best practices,” Lipari wrote in a letter to the mayor and City Council.
The new report comes a year and a half after the Shriver Center on Poverty Law reported that school resource officers had accumulated over $200 million in settlements for misconduct lawsuits from 2012 to 2016 (Shriver Center).
Lipari noted that CPD did not respond to his recommendation that community stakeholders and juvenile justice advocates be included in the process of creating guidelines covering the officers.
CALL FOR ACTION ON COMMUNITY OVERSIGHT BOARD
Activists and aldermen called on Mayor Emanuel to fulfill the final recommendation of his Police Accountability Task Force by creating a community oversight board, in addition to the Civilian Office of Police Accountability and the Inspector General for Public Safety.
Twenty-one aldermen have backed a proposal by the Grassroots Alliance for Police Accountability, sponsored by Ald. Rod Sawyer (6th) and Harry Osterman (48th). Their proposed oversight board would have the authority to set department policy, select COPA’s chief administrator and members of the Chicago Police Board, and remove the police superintendent for cause (Chicago Sun-Times).
Emanuel stated that he is leaving it to aldermen to determine the details of civilian oversight (Chicago Tribune).
18 WATTS VICTIMS EXONERATED
Eighteen men who had drugs planted on them by corrupt former Sgt. Ronald Watts and his team were exonerated on September 24 after State’s Attorney Kim Foxx requested that their convictions be overturned. This brings the total number of exonerations in cases tied to Watts’ extortion racket to 42 (Chicago Sun-Times).
“That Watts and his team were dirty was an open secret for many, many years within the Chicago Police Department,” said Joshua Tepfer of the Exoneration Project, who represented 12 of the men. “It is one of the biggest scandals in Chicago Police Department history” (Chicago Sun-Times).
SETTLEMENT FOR BETTIE JONES’ FAMILY APPROVED
The City Council authorized a $16 million settlement with the family of Bettie Jones, the neighbor who was fatally shot by Officer Robert Rialmo on December 26, 2015, in an incident in which Quintonio LeGrier was also killed (Chicago Sun-Times).
On October 1, Cook County Judge Rena Marie Van Tine rejected a motion by attorneys for LeGrier’s family challenging her ruling overturning a jury verdict in their lawsuit in June. Van Tine ruled that the jury’s response to a special interrogatory outweighed its verdict that Rialmo’s use of force was unjustified. Attorneys for the family have promised to appeal (Chicago Sun-Times).
A recommendation by the Civilian Office of Police Accountability that Rialmo be terminated for unjustified use of force in the incident is pending before the Chicago Police Board.
LAPORTA JUDGMENT UPHELD
A federal judge upheld a record $44 million judgment against the city for Michael LaPorta, who was shot and permanently disabled by his friend, Officer Patrick Kelly, in his own home after a night of drinking. U.S. District Judge Harry Leinenweber rejected an attempt by city lawyers to reduce the judgment, noting that the police department had enabled Kelly’s behavior by failing to properly investigate complaints or discipline him (Chicago Tribune).
RAUNER VETOES JAILHOUSE SNITCH MEASURE
Gov. Bruce Rauner in July vetoed a bill that would require reliability hearings before testimony by jailhouse informants could be used in trials. Noting that such testimony has been found to be false in numerous wrongful conviction cases, the editorial board of the Chicago Sun-Times called on legislators to override Rauner’s veto (Chicago Sun-Times).