Vol. 2, Issue 76: Chicago's Criminal Justice Playbook
At Issue: Van Dyke Sentence Protested
Hundreds of protesters marched on Martin Luther King Day to protest the six-year and nine-month sentence given to Officer Jason Van Dyke following his conviction for the murder of Laquan McDonald (Chicago Sun-Times). Illinois Attorney General Kwame Raoul is reviewing the sentence.
That sentence showed that "in the end, the life of teenager Laquan McDonald was not valued," wrote Mary Mitchell (Chicago Sun-Times). The sentence—comparable to that for burglary—could mean Van Dyke's release in less than four years with time off for good behavior, a Chicago Sun-Times editorial noted.
Judge Vincent Gaughan began the hearing by stating, "everybody is going to be disappointed" with his ruling. However, Van Dyke's lawyers said afterward that the convict "was not just relieved, he was happy." State law requires that a defendant be sentenced for the most serious crime, and Gaughan ruled that was second-degree murder, although aggravated battery is a Class X felony with a longer maximum sentence.
The Illinois Supreme Court has the authority to issue a mandamus order, finding that Gaughan erred in ruling that second-degree murder was the more serious charge, according to Locke Bowman of Northwestern’s MacArthur Justice Center. Bowman is one of the civil rights attorneys who petitioned for a special prosecutor in the case (WBEZ).
Despite the light sentence, Van Dyke's conviction on charges of second-degree murder and aggravated battery represents a victory, said Rev. Marvin Hunter, McDonald's uncle. "It sends a strong message to unjust police officers that you can and will go to jail...if you're caught breaking the law" (Chicago Tribune).
"We have a million miles to go, but...we took a first step today," he added.
Gaughan apparently responded to the pain expressed by Van Dyke's family but not the "torment and fear" of four African-American men who testified during the sentencing hearing, "imploring [the judge] to hold [Van Dyke] accountable, for once, in his long history of horrible deeds," wrote Dahleen Glanton (Chicago Tribune).
The witnesses included Edward Nance, a high school referee, who wept as he testified about multiple surgeries required for a torn rotator cuff after Van Dyke pulled him out of his car, dragged him handcuffed to a squad car, and cursed him during a routine traffic stop.
Mayoral candidates denounced the sentence, with former federal prosecutor Lori Lightfoot calling on the FBI to reopen its civil rights investigation into McDonald's killing (Chicago Sun-Times).
JUDGE SIDES WITH POLICE ON COVERUP
Judge Domenica Stephenson acquitted three officers charged with conspiring to protect Officer Jason Van Dyke following Laquan McDonald's shooting, in a ruling that consistently accepted arguments by the defense and rejected those of the prosecution (Chicago Tribune).
Stephenson dismissed the credibility of Officer Dora Fontaine, citing a discrepancy between her testimony that she never made a statement about McDonald raising his knife, which was reported by one of the defendants, and an earlier statement to the city's inspector general that she "did not recall" making the statement—"a substantial distinction," according to Stephenson (Chicago Sun-Times).
She also dismissed much of the testimony of eyewitness Jose Torres, who stated that he was told to leave the scene without giving any information. Stephenson faulted Torres for contacting the Independent Police Review Authority rather than the police department. Torres later argued that Stephenson had a conflict of interest, as she had previously worked with one of the defense attorneys (Chicago Tribune).
Stephenson's view of the shooting was "sharply at odds" with the verdict reached in Van Dyke's murder trial, as she took the widely discredited official police narrative as fact. Special prosecutors only learned of her history with a defense attorney after the case had already gone to trial, too late to request her recusal, noted Greg Hinz. This highlights the "ridiculous" system by which judges are selected and should renew discussions on implementing merit selection of judges, he contended (Crain’s Chicago Business).
Stephenson ruled that, despite video evidence, McDonald was walking toward officers "swinging [his] knife back and forth." "Thanks to the credulous Judge Stephenson, the record will show that everyone else [besides McDonald] acted in good faith [and] that there was no subsequent coverup," commented Eric Zorn (Chicago Tribune).
"There's no question in my mind that [Stephenson's] message to prosecutors is don't bring these cases anymore," said civil rights attorney Antonio Romanucci. "That does have a chilling effect and becomes part of the code of silence."
NEW TRIAL FOR GERALD REED; RELEASE FOR ARNOLD DAY
Gerald Reed remains in Cook County Jail after special prosecutor Robert Milan announced he would seek a retrial in his murder case. In December, Judge Thomas Gainer overturned Reed's conviction for a 1990 double murder, dismissing a confession that the Illinois Torture Inquiry and Relief Commission determined nearly five years ago was obtained through torture by detectives working under Commander Jon Burge (Chicago Tribune).
According to Reed's attorneys, his false confession was the only evidence linking him to the crime (WLS).
Reed’s supporters are calling for Milan's removal from the case. Two years ago, attorneys from the People’s Law Office requested that Judge Thomas Byrne rescind Milan’s appointment, citing his previous role in the Cook County State’s Attorney’s Office and a 2005 statement of support for controversial Burge-linked Detective Kenneth Boudreau (Chicago Tribune). In June 2017, Milan withdrew from involvement in the cases of nine alleged torture victims. Chief Judge Leroy Martin Jr. appointed Milan’s assistant, Michael O'Rourke, to oversee those cases and ordered O'Rourke to implement a ban on communication with Milan regarding them.
Reed's supporters argue that his torture has continued throughout his 27 years of incarceration, as the Illinois Department of Corrections has failed to provide medical treatment for injuries suffered during his interrogation (Chicago Alliance Against Racist and Political Repression).
On December 18, one day before Reed's conviction was overturned, prosecutors dropped charges against Arnold Day after Associate Judge Peggy Chiampas ordered a new trial. Two years ago, the Torture Inquiry and Relief Commission found evidence that Day confessed to two unrelated murders after he was beaten and choked by detectives under Burge (Chicago Sun-Times).
ERIC BLACKMON PLANS LAW CAREER AFTER EXONERATION
Prosecutors dropped murder charges against Eric Blackmon, who spent 16 years in prison following a 2004 conviction. Blackmon was attending a barbecue at another location at the time of the murder, and a witness against him later testified that police steered her to identify him. He was released on bond last May after the 7th U.S. Circuit Court overturned his conviction (Chicago Tribune).
After his conviction, Blackmon argued his own case until the appeals court agreed to hear it, and he became a paralegal while in prison. Now on the staff of the Lawndale Christian Legal Center, he plans to become an attorney. He wants to change the way Illinois handles eyewitness identifications and fight for more respect for people who represent themselves in court (Chicago Tribune).
MATT SOPRON EXONERATED AFTER 20 YEARS
After 20 years in prison, Matt Sopron was released just days before Christmas. Three witnesses who had testified that he ordered a 1995 double murder recanted their statements, claiming they had testified due to threats or promises of better deals. Sopron’s family praised Cook County State’s Attorney Kim Foxx for her willingness to consider new evidence. During his incarceration, Sopron won national awards for his artwork in inmate prison art shows (Chicago Tribune, Chicago Sun-Times).
$1.2 MILLION SETTLEMENT IN FOOT-CHASE SHOOTING DEATH
A jury awarded $1.2 million to the family of Alfontish Cockerham, finding that his fatal shooting by a police officer in June 2015 was unjustified. Cockerham was shot during a foot chase. Police claimed he pointed a gun at them, but eyewitnesses questioned the police narrative.
Following the shooting, Cockerham was charged with aggravated assault against a police officer (Chicago Sun-Times). He died five days later at the age of 23. The Civilian Office of Police Accountability is investigating the incident, and Anthony Babicz, the officer who killed Cockerham, remains on active duty (Chicago Sun-Times).
More than a third of police shootings between 2010 and 2015 involved foot pursuits, and in about a quarter of those cases, victims were shot only in the back, according to a 2016 Chicago Tribune investigation (Chicago Tribune).
A Justice Department report on the Chicago Police Department criticized its lack of a policy restricting foot pursuits. Federal consent decrees in at least a dozen other cities have mandated such policies. However, a proposed consent decree between the city and state only states that the issue will be studied.
EVANSTON PAYS $1.25 MILLION IN BRUTALITY CASE
The City of Evanston will pay $1.25 million to settle a lawsuit with Lawrence Crosby, a Black Northwestern University PhD candidate, who was tackled, beaten, and kicked by police after being pulled over on suspicion of vehicle theft in October 2015.
Officers were responding to a 911 call about an African American man who appeared to be breaking into a car. Dashcam video captured the incident, showing that Crosby—who was driving his own car—was charged with disobeying a police officer and resisting arrest. He was later found not guilty at trial.
An internal investigation by Evanston's police department concluded that officers had complied with department policy, though the department acknowledged that the video was "problematic" (Chicago Sun-Times).
Crosby was tackled after he exited the car with his hands raised. Several officers with guns drawn shouted conflicting orders, instructing him to keep his hands up and to get on the ground. He was tackled before being given an opportunity to respond. “All of this could have been prevented if I had been given a chance to engage in a conversation at any point,” Crosby said (Injustice Watch).
Reflecting on the incident, Crosby wrote: "Every time I see the video from that October 2015 encounter, I experience fear, anger, and terror. Fear that the color of my skin will make me out to be a criminal when I have broken no laws. Anger at the blatant disregard for human life and rights that the Constitution is supposed to guarantee to all citizens. Terror to have come—perhaps—within seconds of being shot by people sworn to serve and protect" (Washington Post).
CPD LEADS IN FOIA VIOLATIONS
A study by the Better Government Association (BGA) identified the Chicago Police Department (CPD) as the top offender among government bodies that fail to comply with the state's Freedom of Information Act (FOIA). Between 2010 and 2018, CPD failed to respond to 672 FOIA requests. In six cases, CPD did not respond even after the state's Public Access Counselor ordered it to do so. The Illinois Department of Corrections ranked second, with 519 FOIA violations (Better Government Association).
"We aren’t going to solve problems with schools, violence, corruption, finances, or anything else until the city lives up to what the FOIA statute says," commented Matt Topic, BGA's outside counsel. BGA called for strengthening the state's FOIA laws with "fines and penalties that bite" and increasing resources for the Public Access Counselor's office (Chicago Sun-Times).
PEDESTRIAN STOPS DOWN, TRAFFIC STOPS UP
While pedestrian stops fell dramatically after an agreement between CPD and the ACLU in 2016, traffic stops more than tripled over the past two years, according to a new ACLU report (Chicago Tribune). African Americans were stopped at a rate twice their proportion of the population. Black drivers were asked for consent to search their vehicles twice as often as white drivers, though white drivers were more likely to be found with contraband.
Using minor traffic violations "as a pretext to detain, question, and search drivers in hopes of finding evidence of unrelated criminal activity" has "proven to be an ineffective use of public resources, to negatively impact police-community relations, and to result in racial profiling," according to the ACLU report.
The report calls for making permanent a state mandate for collecting data on traffic stops. It also calls for banning consent searches during routine traffic stops, stating that they "have very little enforcement value and overwhelmingly lead to harassment" of minority drivers (ACLU).
DEMAND FOR MENTAL HEALTH IN CPD HELP IS UP
Demand for mental health assistance by police officers has more than doubled since 2013, during which time the department's staff of clinical therapists increased from three to five. The Justice Department's 2016 investigation of CPD revealed that department therapists were extremely overextended. A proposed consent decree would require CPD to have at least ten clinicians by next year. Since last July, five officers have died by suicide (Chicago Tribune).
APPEALS COURTS REJECT FOP MOTIONS
The 7th U.S. Circuit Court of Appeals affirmed a lower court ruling issued last year that the Fraternal Order of Police waited too long to file a motion seeking to intervene in a proposed consent decree overseeing CPD. The court ruled that the FOP's concerns that the consent decree would impact its contract were "largely speculative."
"As things stand now, the consent decree cannot impair the [collective bargaining agreement] or state law rights enjoyed by Chicago police officers," the court wrote. "That will change only if the district court [overseeing the consent decree] concludes that federal law requires the abrogation of those rights" (Sun-Times, Tribune).
Meanwhile, the Illinois Court of Appeals dismissed a challenge by police unions to an earlier ruling that found civilian complaint records are public information under the Freedom of Information Act and that the public interest defined in that law overrides contract provisions mandating the destruction of complaint records.
The unions sought to bar the release of complaints regarding off-duty conduct, while representatives of news outlets argued that CPD rules govern officers' off-duty behavior and that CPD can be legally liable for that behavior. Noting that CPD has already released complaint records dating back to 1967 and that no FOIA requests are currently pending, the court dismissed the unions' appeal as moot.