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Chicago's Dirty War of Torture

A Rogues Gallery of Others

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PROTECTED BURGE AND HID EVIDENCE

Gayle Shines; Director of the Office of Professional Standards

Overturned all cases against Dignan. Of 2500 sustained instances of torture in her 8 years as OPS Director, she overturned all but 10. Hid files documenting torture. Andy Knott, then States Attormey Jack O'Malley's press officer, points out that if OPS does not refer a case to the state's attorney's office, prosecutors will be unlikely to know that a crime of assault has been committed. OPS received 7,700 complaints of excessive force between January 1, 1993, and October 30, 1995, but according to Knott it has forwarded no more than five cases in recent years, "none of them prosecutable."

Two reports on torture were prepared by the Office of Professional Standards under orders by then Director David Fogel. Both reports were suppressed by the police department. The first was written by OPS investigator Michael Goldston, who in 1990 was assigned the task of determining if there was a pattern of brutality at Area Two. Goldston identified 50 victims mistreated between 1973 and 1986, grouped them by the torture techniques used on them (electroshock, suffocation, hanging by handcuffs, etc), and concluded that the abuse was "systematic," that it included "planned torture," and that particular command members were aware of the abuse and either actively participated or did nothing to stop it. Goldston named seven "players," men whose names appeared repeatedly in the cases he examined. Dignan, Byrne, and Grunhard were among the seven.

Shines, who succeeded David Fogel, initially stood firmly behind the Goldston report and in late 1992, at the request of Police Superintendent Matt Rodriguez, she began a review of the cases mentioned in Goldston's report. Shines decided to reopen just nine of them, choosing only those cases in which the alleged victim had filed a civil suit, and she assigned Cannon's case to investigator Veronica Tillman. Tillman turned in her report in January 1994, and her supervisor, Carmen Cristia, approved it and passed it on to Shines. Tillman and Cristia sustained Cannon's charges, concluding that Dignan and Byrne had conducted torture, that Dignan had carried out the mock executions with the shotgun, and that he had beaten Cannon on the knee with a flashlight. They said that Byrne had put the cattle prod to Cannon's testicles, penis, and mouth.

Three years after the superintendent's request Goldston cases remained open and no charges have been sustained against anyone in the Area Two gang. In a recent tape-recorded interview, Shines attributed the delay to the fact that obtaining old court records and reviewing them takes some time. (Defense lawyers, however, indicate that most transcripts are available in weeks, and only on rare occasions do they take even a few months.) Shines later added that interviewing witnesses is also time-consuming, but given that many of the complainants are in prison, making them eminently available, and that many of the policemen are still on duty, making them seemingly available, it is hard to imagine why it would take three years to track the witnesses down and interview them. One Area Two victim, for example, reports that he was reinterviewed in 1993, that copies of all of the legal documents pertaining to his case are in his possession, and that his case still remains open."

Shines could not recall having referred any cases to the U.S. attorney's office for prosecution, and she declined to say whether she has referred any to the state's attorney's office in recent years. She did say she could not name a single case that she had referred to the state's attorney that he had then prosecuted. OPS is also supposed to forward potentially prosecutable cases to the state's attorney's office. In practice, this has been something of a farce. In the decade from 1993 through the end of last year, 28,576 complaints of excessive force were filed with OPS, the vast majority of them for on-duty behavior. The Reader asked state's attorney Devine to name a Chicago police officer prosecuted for using excessive force on duty in the past ten years. In a written response, John Gorman, Devine's communications director, named none. He cited Chicago police officers prosecuted for off-duty behavior and corruption, but no one who'd been prosecuted for brutality on the job.

OTHER ACCOUNTABLES

Thomas Needham, ASA. Special Counsel to CPD Superintendent Terry Hillard

In a 1999 deposition, Needham said he didn’t read the file on torture cases but instead looked at the names of the accused, the findings, and the dates of the investigators’ activity. On August 31, 1998, he issued a memo saying that all the charges in all the cases would be regarded as “not sustained,” a move supported by Superintendent Hillard. In his deposition Needham said it wasn’t fair to the police department to do otherwise. “No organization can operate effectively if they’re continually looking back,” he said. “Healthy organizations have to move forward.” Those particular files were later released as a result of a federal lawsuit in which the Reader intervened.

August 31, 1998 memo from Thomas Needham, General Counsel to the Superintendent, to Leonard Benefico, Office of Professional Standards. As a basis for this unprecedented order, Needham cited the age of the cases and the purported lack of “new evidence,” when, in fact, a wealth of new evidence had been developed by the OPS investigators in almost all of the cases. Id.; CR files of listed cases; Testimony of OPS investigators at People v. Cannon Hearing.

Needham was third chair in the prosecution of Madison Hobley, who had alleged torture. In a 1999 deposition Needham said that close colleagues had prosecuted four other men who made torture claims, and he'd watched some of the action in court. Needham is on the Governor's Task Force on the death penalty. he is the son of a high ranking CPD official.

Michael Hoyke. Special Prosecutor.

 

OPS Director Callie Baird

Aug 2, 1999 letter to CPD Sup Hillard, OPS Director Callie Baird, and Demetrius Carney, Presidebnt Chicago Police board. Overturned sustained findings of torture

Ray Garnett, Private Attorney

Torture victim Mike Paul told Ray, his attorney, all about the torture and that he wanted to file a suit. Ray told him to forget it.

Margaret Carey, Assistant Chicago Corporation Counsel

On or about August 11, 1992, in the case entitled Gregory Banks v. Burge, Byrne, City of Chicago, et. al., 91-C-6470, Plaintiff Gregory Banks served upon the City of Chicago Plaintiff’s First Request to Produce which requested in paragraph 11 production of “the CR files, summaries, and any other information concerning of (sic) all other torture and electric shock victims known to the defendant, including, but not limited to, those which former OPS director David Fogel collected and monitored while he was head of OPS.”

On or about September 11, 1992, the City, through Assistant Corporation Counsel Margaret Carey, formally responded to this request as follows: “the City has not located any documents pertaining to “known” victims of torture as described in Request # 11. Neither the Fogel electric shock file, nor any documents contained therein, were produced by the City, the Police Department, the OPS, or Ms. Carey at any time during the pendency of his case to Plaintiff Banks or his lawyers.

On or about July 9, 1996, the City, through Assistant Corporation Counsel Carey, formally again responded by letter to the request for compliance concerning the Fogel electric shock file as follows:”The City has been unable to locate the files plaintiff claims were maintained by Fogel, however we are continuing to look. Consequently, to date and to the extent possible, the City has complied with this request.

Andrea Brands, spokesperson for City of Chicago Legal Department

Said the OPS report was just one persons conclusion to the events, And there is no attempt by the CPD to cover-up allegations of torture

Richard O'Connell, CPD Sgt. in Pullman Area

Denied to Houston Post that Leonard Kidd and Leroy Orange were tortured, and that there is no 'black box' used

Brian Barnet Duff, Federal District Court Judge

In Wilson v. City of Chicago, ruled that Burge’s name could not be used by Porch before the jury; hence Porch referred to Burge as Sergeant X in his Wilson testimony. Wilson v. City of Chicago, 6/27/89, pp. 1874-92. Openly hostile to Flint Taylor and other Wilson attorneys, holding them in contempt multiple times.

Dr. Raymond Warpeha, expert witness disputing Andrew Wilson's burns could have been caused by torture.

In support of the theory that Wilson was not burned by any radiator, Kunkle produced Dr. Raymond Warpeha, a balding man with a thick mustache and glasses, director of the burn center at Loyola Medical Center and chairman of the Division of Plastic and Reconstructive Surgery at the hospital. On the witness stand Warpeha claimed to have diagnosed and treated 6,000 to 7,000 burns, 3,000 of them major. In preparation for the trial, he said that he had seen photos of the radiators at Area 2, reviewed Wilson's medical records, and examined the prisoner. The records seemed to reflect some disagreement on the part of the various medical personnel who had examined Wilson at Mercy Hospital and at Cook County Jail. Some had labeled the marks on Wilson's chest as burns, while others had referred to them as abrasions. Warpeha concluded that the doctors and the nurse who had diagnosed Wilson's injuries as burns were mistaken; the wounds on Wilson's face, chest, and thigh, Warpeha said, were friction abrasions--wounds caused by friction rather than heat (e.g., a "rope burn" or "floor burn"). Such wounds are dry, do not blister, and do not produce fluid. Analyzing the photographs of Wilson's injuries from the jail, Warpeha said he saw none of the blistering that should have occurred had the prisoner been burned by a hot object. In the re-trial of Wilson's case, the city did without the services of Dr. Warpeha, the $500-an-hour burn expert. This time the police maintained that Wilson's wounds were burns after all--and that Wilson had inflicted them himself .(Conroy, House of Screams)

Patrick Moriarity, Defense Attorney

In his murder case, Stanley Howard was represented by public defender Patrick Moriarty, and the trial took place before Judge John Mannion. Both Mannion and Moriarty were former policemen who'd served in Area Two; they'd worked with Lieutenant Hanley, and Mannion had also worked with one of Howard's alleged torturers. Neither judge nor lawyer recused himself. Howard was convicted and sentenced to death.

Lisa Madigan, Illinois Attorney General

With the Cook County States Attorney disqualified from torture cases, jusrisdiction shifted to Lisa Madigan. In the past, the attorney general's office has served as cocounsel on Area Two appeals, joining in the effort to execute men whose confessions were tainted. Since assuming office, Madigan has worked with proexecution forces, joining state's attorneys from ten counties in asking the Illinois Supreme Court to rescind Governor Ryan's commutation (Conroy)orders for 37 inmates. The Fraternal Order of Police, which endorsed Madigan in her election campaign last year, has been one of Jon Burge's biggest supporters.

Margaret Stanton McBride, Appellate Court Judge

Agreed with Judge Ford's decision to not recuse himself in Keith Walker's post conviction petition, though Ford was an Assistant States Attorney in the case years before. Judge McBride also was a former assistant state's attorney who'd had a brush with Burge torture cases. She served in the state's attorney's office from 1977 to 1987. In January 1980 she took the confession of Derrick King, a suspect in an armed robbery that had resulted in the shooting death of a store clerk. King later alleged that Area Two detectives had used a baseball bat to extract his confession, a statement taken by McBride in the presence of Detective Robert Dwyer. Dwyer's sister came forward in 2004 and said that her brother had told her, in Burge's presence, that in dealing with "niggers" they "beat the shit out of them, they throw them against walls, they burn them against the radiator, they smother them, they poke them with objects, they do something to some guys' testicles. See her role as an ASA

Patrick Fitzgerald. US Attorney.

Indicted Burge for perjury but has brought no other charges.

 
TRIED IN VAIN TO BRING THE TORTURE TO LIGHT

David Fogel 1984-1990.

Disclosed extent of torture in 1985 memo to CPD Sup. Fred Rice. This was during Harold Washington's regime. 358. On or about October 19, 1987, OPS Director Fogel sent a document entitled “Proposed Revamping of Office of Professional Standards,” to the Mayor of the City of Chicago in which he wrote:
By accepting all cases, even erring on the liberal side, to be accommodative to the public, OPS gives the appearance of moving forward on all complaints. The opposite occurs. The appearance of doing a thorough investigation with full due process and endless unnecessary reviews for all, actually operates to immunize police from internal discipline, increases their overtime, leads to an enormous “paper storm” and has institutionalized lying.
“Proposed Revamping of Office of Professional Standards,” October 19, 1987, p. 2.

According to John Conry "In an interview in October 1994, David Fogel, who was chief administrator of the Office of Professional Standards from 1984 to 1990, said that he never bothered going to the state's attorney with the cases against the Area Two detectives because he considered that avenue hopeless. He went instead to the U.S. attorney's office, where he met with then assistant U.S. attorney Andrea Zopp.. For Zopp, however, Fogel came too late. In a recent interview Zopp said that her memory of the specifics of the Area Two file has faded in the intervening years, but she recalls that she reviewed the file thoroughly, that her hands were tied by the five-year statute of limitations applied to civil rights violations, and that she decided there was no way to bring charges at that time. Fogel, as well as People's Law Office attorney Flint Taylor, contends that a conspiracy charge might have been possible. If, for example, the perpetrators could be found to have recently covered up their role in the torture, then perhaps it could be argued that the conspiracy was ongoing and that the last act of the conspiracy fell within the statute of limitations. Zopp, who is now first assistant in the office of the Cook County State's Attorney, agrees that that approach is sound in theory, but given what she recalls of the available evidence and witnesses, she says that mounting a conspiracy prosecution would have been "a stretch" of the law.

Fogel says that when he realized the U.S. attorney would not prosecute, he ordered OPS investigators Sanders and Goldston to embark on their separate studies. Fogel resigned before those reports were complete.

 
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