Vol. 2, Issue 75: Chicago's Criminal Justice Playbook
At Issue: Eddie Johnson and Rekia Boyd
While three front-line officers were on trial for filing false reports stating that Laquan McDonald attacked Officer Jason Van Dyke, The Intercept revealed that Superintendent Eddie Johnson coordinated a strikingly similar false narrative six years earlier while supervising the investigation into the killing of Rekia Boyd (Intercept).
In response to The Intercept’s report, mayoral candidates Dorothy Brown, Gery Chico, Amara Enyia, Toni Preckwinkle, and Willie Wilson indicated that if elected, they would seek new leadership for the department (South Side Weekly).
Johnson, then a deputy chief, was on the scene as the on-call incident commander in the August 2012 Rekia Boyd shooting. Detective Dante Servin was eventually acquitted of involuntary manslaughter in the case. Despite detectives’ failure to find the gun Servin claimed Boyd's friend, Antonio Cross, had pointed at him—and despite civilian witnesses reporting that Cross was unarmed—Johnson and the officers under his command asked prosecutors to charge Cross with felony assault. The police department also issued a press release stating that Servin fired after Cross pointed a gun at him.
In his incident report, Johnson wrote that Servin "fired his weapon at the offender after the offender pointed a firearm at Officer Servin." Johnson declined to recommend the case for further investigation.
"My assessment is that [Johnson] did indeed in this case endorse a false report... despite the absence of evidence of a gun, that this is a justified shooting because the person had been pointing a gun," commented attorney Craig Futterman.
In a parallel situation, Deputy Chief David McNaughton retired after an inspector general's report called for his firing for signing off on a false use-of-force report in the killing of Laquan McDonald.
Using data from the Citizens Police Data Project, The Intercept reviewed Johnson's record as commander of the 6th District from 2008 to 2011 and as deputy chief from 2012 to 2014, finding that "he has repeatedly approved police shootings or ignored allegations of excessive force over his years as a supervisor, consistently finding that they did not qualify as misconduct." According to The Intercept, his career "embodies the CPD's failure to rigorously review and investigate officers' use of force."
As 6th District commander, Johnson appointed Lt. Glenn Evans to head the district's tactical team. Evans had the highest number of excessive force complaints of any officer in the two decades leading up to 2008, and in 2005, he had been disciplined in a domestic violence complaint.
Under Johnson and Evans, complaints against the district's tactical team increased by 70 percent. During six months in 2010, team members were involved in three fatal shootings of young men who were unarmed or fleeing, resulting in millions of dollars in legal costs. None of the officers were taken off the tactical team.
As deputy chief of patrol starting in 2012, Johnson supported Evans' promotion to 3rd District commander and signed off on several more questionable police shootings. When he was named superintendent, Johnson stated, "I've never actually encountered police misconduct."
Noting that the numerous cases cited by The Intercept have all been subjected to independent investigations, Johnson stated, "During my entire career with the Chicago Police Department I have and will always approach every decision, action, and investigation with the highest level of integrity and thoughtful deliberation of available facts and evidence."
Johnson is scheduled to speak at the City Club on January 8.
LAQUAN MCDONALD COVER-UP TRIAL CONCLUDES
Following closing arguments in the trial of three officers accused of covering for Officer Jason Van Dyke in the fatal shooting of Laquan McDonald, Judge Domenica Stephenson announced that she would issue a verdict on December 19 (Sun-Times, Tribune).
Detective David March and Officer Joe Walsh, both now retired, along with Officer Thomas Gaffney, were charged with conspiring to file false reports. Prosecutors cited reports alleging McDonald had committed battery against Van Dyke and Gaffney, as well as emails from "unindicted co-conspirators," including March's supervisors and others.
Defense attorneys defended the conclusions in the officers' reports and argued that there was no evidence of a conspiracy (Sun-Times, Tribune).
Civilian witness Jose Torres testified that, after the incident, he was shooed away by officers who never took a statement or contact information (Tribune). Officer Dora Fontaine testified that March's report falsely attributed a statement to her describing McDonald as threatening Van Dyke.
Fontaine further stated that she was blackballed after challenging the official narrative. "Other officers called me a rat, a snitch, a traitor," she testified, adding that her supervisor put her on desk duty out of concern for her safety. "If I am on the street, if I am on a call, I wouldn't know who to trust or if anybody would come to help me" (Tribune).
Commenting on the case, Mary Mitchell noted, "If the state proves its case, it could break the thin blue line that binds good police officers to police officers who don't have respect for all lives" (Sun-Times).
During the trial, a novel First Amendment issue arose when journalist Jamie Kalven, covering the trial for The Intercept, was barred from the proceedings as a possible witness after March's attorney subpoenaed Kalven and attorney Craig Futterman. The two challenged the subpoenas, and the issue was resolved when the subpoenas were withdrawn (RCFP).
VAN DYKE TERMINATION PROCEEDINGS OPENED
The Chicago Police Board filed notice that it is moving ahead with termination proceedings against Officer Jason Van Dyke and asked Judge Vincent Gaughan to lift an order sealing records from Van Dyke's murder trial. Proceedings will also move forward for Sgt. Stephen Franko and Officers Janet Mondragon, Daphne Sebastian, and Ricardo Viramontes, who made false statements in reports about the incident, according to an investigation by the city's inspector general. The four were among eleven officers and supervisors—including David March and Joe Walsh—recommended for termination by the IG (Sun-Times).
PREIB FILES CHARGES AGAINST ANGELO
Local Fraternal Order of Police vice president Martin Preib filed union disciplinary charges against former lodge president Dean Angelo, charging him with misrepresenting himself as a union spokesperson in comments to the media during Jason Van Dyke's murder trial. In comments on the death of former Cmdr. Jon Burge—in which he identified himself as a 37-year CPD veteran and former FOP president and said, "I don't know that Jon Burge got a fair shake," according to the Tribune—Angelo "made inflammatory statements that were not condoned by the lodge and which jeopardized the legal and media strategy of a high-profile criminal case against a fellow member," Preib wrote in a letter notifying union members of the charges. A union statement posted the same day contained "a similarly supportive message" (Tribune).
QUESTIONS IN JEMEL ROBERSON SHOOTING
A federal judge denied a motion requesting that authorities release the name of the Midlothian officer who fatally shot Jemel Roberson, a 26-year-old West Side resident working as a security guard at a bar in suburban Robbins (Chicago Tribune). Witnesses directly disputed findings of a preliminary report from an Illinois State Police investigation into the shooting, which stated that Roberson ignored "multiple verbal commands" from the officer and was not identified as a security guard (Chicago Sun-Times; Chicago Tribune). Roberson was shot while subduing a suspect in a shooting that left four others wounded.
REFORM IN SPRINGFIELD
The General Assembly overrode Gov. Bruce Rauner's veto of SB 1830, making Illinois the first state to require judges to hold reliability hearings for jailhouse informants in cases involving murder, sexual assault, and arson. Jailhouse informants are a factor in a significant proportion of wrongful convictions (Illinois NPR; Innocence Project).
Legislators also overrode Rauner's veto of SB 34, setting a 90-day deadline for law enforcement agencies to complete paperwork certifying eligibility for immigration relief for victims of trafficking, sexual assault, or domestic violence who are cooperating with authorities. The bill removes the threat of immigration enforcement that prevents victims from reporting crimes – and that is used as a tool of control by perpetrators – said Neusa Gaytan of Mujeres Latinas en Acción. "Governor Rauner vetoed the measure to pivot towards the Trump administration’s anti-immigrant rhetoric prior to [November's] elections," but the override effort gained additional support from Republican legislators (Illinois Coalition for Immigrant and Refugee Rights).
HB 531, restoring the possibility of mid-sentence parole for offenders convicted of crimes committed before they were 21, passed both houses and awaits action by the governor. The bill only covers new offenders, leaving 167 juvenile offenders currently serving sentences of over 50 years ineligible for parole. The bill's longtime sponsor, Rep. Barbara Flynn Currie, said it represented a first step toward "a return to parole as an option." The legislature eliminated inmates' right to seek parole in 1978 (Injustice Watch).
LAWSUIT CHARGES “RECKLESS” CHASE
Two mothers are suing the city, contending that a "reckless" police chase in October led to a crash that killed two men and a three-year-old boy. Prosecutors state that an officer responding to a domestic call attempted to pull over Christopher Carter but ended the chase when Carter fled. Carter continued to flee at speeds reaching 80 mph before crashing into the car carrying the victims. He now faces murder and reckless homicide charges.
James Montgomery, attorney for the survivors, stated that they are still waiting for the release of GPS records of the police car, which he noted should be disclosed by the Civilian Office of Police Accountability (COPA) within 30 days of an incident. COPA did not respond to a request for information (Chicago Tribune).
COUNTY SETTLES WITH CHATMAN
The Cook County Board approved a $3.7 million settlement with Carl Chatman, a homeless man who spent eleven years in prison before prosecutors admitted he was falsely accused of committing a 2002 rape in the Daley Center (Chicago Tribune). Documents unsealed in federal court as part of the lawsuit showed that a Chicago detective filed an anonymous complaint to Internal Affairs days after Chatman confessed to the crime, alleging that Detective Kriston Kato had physically abused Chatman and forced him to sign a false confession (Chicago Tribune). Chatman's lawsuit against the city is pending.
Dozens of suspects have accused Kato, now retired, of obtaining false confessions through physical abuse (Washington Post). Kato is married to Cook County Judge Mary Brosnahan.
ONE YEAR LATER, LAPORTA STILL AWAITS SETTLEMENT FUNDS
A year after a jury awarded Michael LaPorta $44.7 million, finding that the Chicago Police Department’s (CPD) failure to discipline his friend, Officer Patrick Kelly, contributed to LaPorta’s shooting by Kelly, he has yet to receive any payments. While his case remains mired in appeals, his parents struggle to provide the round-the-clock care he needs, and the wheelchair lifts and other equipment he relies on need repair. Meanwhile, Kelly, who is on desk duty while CPD investigates misconduct charges against him, continues to receive his paycheck (Chicago Tribune).
BGA SEEKS RELEASE OF KOSCHMAN MATERIAL
The Illinois Supreme Court heard arguments in a Better Government Association lawsuit seeking the release of a deposition by former Mayor Richard Daley and other documents in the investigation that led to Daley's nephew, Richard Vanecko, being charged in the death of David Koschman in 2017, thirteen years after Koschman died following an altercation (Chicago Sun-Times).
50 NEW SERGEANTS TO SUPERVISE VIOLENT CRIME INVESTIGATIONS
The Chicago Police Department announced it is hiring 50 sergeants to oversee detectives investigating violent crimes (Chicago Tribune). The announcement came days after a front-page Chicago Tribune article detailed how residents of one West Side block waited four months before being contacted by detectives about an August shooting in which four people were wounded (Chicago Tribune). CPD reported solving slightly more than 7 percent of the year's nonfatal shootings in 2017.
State Sen. Patricia Van Pelt held a hearing highlighting the backlog on analyzing DNA evidence at the forensic sciences division of the Illinois State Police. The backlog includes 752 murder cases in Chicago awaiting DNA analysis (WGN-TV).
FBI DATABASE ON POLICE SHOOTINGS
After years of leaving it to media organizations, notably The Washington Post, to track officer-involved shootings, the FBI launched a national database in January to record deadly force incidents involving law enforcement. However, reporting remains voluntary for police departments. Approximately 1,000 people are killed in confrontations with police in the U.S. each year (Associated Press).
BURGE VICTIMS SPEAK
"Burge Victims Speak," an exhibit featuring photographic portraits and audio accounts of men who survived torture at the hands of Cmdr. Jon Burge and his "midnight crew," is on display on the third floor of the Harold Washington Library, located at State and Van Buren, through January 25. The exhibit showcases the work of Invisible Institute fellow Amanda Rivkin.