23 July 2010By Stephen Lendman
That's what Frank Donner
called Chicago in his 1990 book, "Protectors of
Privilege." As an ACLU attorney, he explained how city
police and US intelligence agencies targeted alleged
internal subversion, and while it operated "was the
outstanding example of it its kind in the United
States (in terms of) size, number, and range of
targets or operational scope and diversity."
He referred to "wide-open,
no-holds-barred style surveillance" (and vigilantism),
unmatched anywhere in the country -
(institutionalized) guerrilla warfare against
substantial sectors of the city's population," using
illegal, criminal methods, including intimidation,
physical confrontation, and flagrant abuse, at times
involving torture. That was then. What about now?
From 2002 - 2004 alone,
over 10,000 complaints were made against police, many
involving brutality, including beatings and torture.
Yet only 18 resulted in disciplinary action, according
to
University of Chicago Law Professor
Craig Futterman who uncovered the data.
He helped prepare a 2007
University of Chicago report titled,
"The
Chicago Police Department's Broken
System," revealing damning evidence of systemic abuse,
including brutality, illegal searches,
false
arrests, racial targeting, sexual
assaults, shoddy investigations, a culture of silence,
and apartheid justice mostly affecting the city's
Blacks, Latinos, poor and disadvantaged.
The police were called a
"regime of not knowing," letting cops get away with
torture, even murder - because of "a deep commitment
to the machinery of denial... encouraging a culture of
silence in the face of abuse perpetrated by officers,"
Mayor Richard M. Daley and City Council aldermen as
culpable as top police officials.
Among other findings, the
study found:
-- compared to other large
municipal police authorities,
excessive force complaints are 94% less
likely to be sustained by the Chicago Police
Department (CPD);
-- in over 85% of cases,
accused officers aren't even interviewed, except to
fill out a brief form; and
-- a small percent of
officers is responsible for most complaints - 2,451
from 4 - 10; another 662 (repeat offenders), over 10.
No wonder detective Jon
Burge got away with torturing over 200 detainees from
1972 - 1991, to force confessions under extreme
duress.
In May 1972, he was
assigned to Area 2 on
Chicago's South Side,
a predominantly black community. In August, torture
allegations surfaced. In May 1973, he tortured
Anthony Jones by electric shock and
suffocation with a plastic bag. In 1977, he was
promoted to sergeant. From 1973 - 1981, he and his
subordinates were accused brutal beatings and other
forms of torture and abuse.
In 1981, he was promoted to
lieutenant in charge of Area 2's
Violent Crimes Unit. From 1981 - 1993,
dozens of victims accused him of torture. Suits were
filed, but through 1990, the administration and City
Council took no action. Neither did Mayor Richard M.
Daley after his 1989 election.
Finally, after 21 years of
torturing detainees, the
Chicago Police Board
fired him. In March 1993, the
Fraternal Order of Police planned to
honor him with a float in the annual St. Patrick's Day
parade. Community outrage stopped it. In 1993 and
1994, torture allegations against other officers were
investigated. Through 1998, no action followed.
In November 1999, torture
expert Dr. Robert Kirschner testified that Chicago
police abuses followed a pattern found in nations
where the military and other security forces practice
it. In 2004, several former black detectives, under
Burge, admitted in
sworn statements
that they saw or heard evidence of torture, saw
implements used (including Burge's "shock box"), and
that abusive practices were an "open secret" at Area
2.
Until then, Burge was never
charged with a crime. He retired and moved to
Florida.
However, in 2002, the
Cook County Bar
Association, Justice Coalition of
Chicago and others petitioned for allegations against
him to be reviewed. A
special prosecutor
was appointed. Burge (and eight others) claimed
Fifth Amendment protections. On
September 1, 2004, he was subpoenaed before a grand
jury, again pleading the Fifth on nearly every
question asked.
On June 20, 2006, the
Illinois Supreme Court ordered findings
of a special torture report released. They showed that
in three or more cases, torture, involving Burge, was
proved beyond a reasonable doubt, to no avail as the
statute of limitations had expired.
Finally, on October 21,
2008, he was indicted on two counts of obstructing
justice and one count of perjury, relating to alleged
torture and abuse charges against him and other
officers.
On June 28, 2010, the
Chicago Tribune reported his conviction
on all counts after getting off scot free for decades.
When sentenced, he'll face up to 45 years in prison,
his attorneys, however, saying they'll seek probation
because of his age (62) and apparent
prostate cancer. If successful, justice
again will be denied, letting off or going easy on a
notoriously bad cop under a criminally unjust system,
the same today as when he served - why so few cases
reach the Chicago Police Board for consideration and
resolution. More on its process below.
Chicago Justice Project (CJP)
Ten Year Analysis of
Chicago Police Board Cases
and Decisions
CJP is "an independent,
non-profit research organization (involved in)
access(ing) and analyz(ing) data from
criminal justice agencies to promote
evidence based reforms that serve the justice needs of
local communities."
In October 2009, it
published its ten year analysis (from January 1999 -
December 2008) of Chicago
Police Board (CPB) cases and decisions,
examining charges filed and rulings.
CPB is a civilian oversight
agency responsible for recommending, and in some
cases, determining disciplinary measures for Chicago
Police Department (CPD) officers and civilian
employees. Its staff includes an executive director,
two professionals, and a supervising clerk.
In recent years, it's come
under media scrutiny for failing to uphold the Chicago
Police Superintendent's recommendations to fire or
suspend offending officers, despite its statutory
obligation to hold hearings, weigh the evidence, and
render judgments either to uphold or absolve.
In examining 310 cases, the
following factors were considered:
-- how often CPB upheld
recommendations to suspend or terminate officers and
civilians;
-- average suspension
lengths;
-- the process from when
charges were filed to final resolutions;
-- how often charged
individuals were returned to duty without discipline;
-- the frequency of
unanimous decisions;
-- the influence of
individual hearing officers; and
-- how often board members
missed votes.
CJP found a "startling
difference in outcomes experienced between civilian
employees and sworn officers," CPB upholding
recommended discipline of a civilian employee 73% of
the time, in contrast to 37% for sworn officers. In
addition, only 4% of investigated civilians returned
to work without discipline compared to 20% of police
officers.
The police superintendent
reviews and signs off on investigations, originating
within either the
Internal Affairs Division
or the Independent Police Review Authority. The CPB
then either upholds, reverses or reduces disciplinary
recommendations following two layers of oversight
examination.
CJP supports civilian
investigative authority of police, but its analysis
showed an unresponsive Board two-thirds of the time,
failing to uphold recommended disciplinary measures
against offending officers - in effect, whitewashing
police brutality, the small percent of
it ever coming up for review in the first place.
Further, CPB's decisions
aren't made in writing. As a result, only through
Illinois Freedom of Information Act (FOIA) filings can
it be learned if dissenting votes were to increase,
reduce or absolve disciplinary recommendations and how
often.
CJP's analysis determined
that decisions were unanimous in 89% of civilian
employee cases, but only 58% for officers. It
concluded that serious flaws need correcting in CPB
practices, starting with full disclosure of its
proceedings and rulings as part of the public record,
available on request to anyone without need for
FOIA requests. Victims ask why so few
cases are reviewed, justice denied them as a result.
Stephen Lendman lives in
Chicago and can be reached at
lendmanstephen@sbcglobal.net. Also visit
his blog site at
sjlendman.blogspot.com and listen to
cutting-edge discussions with distinguished guests on
the Progressive Radio News Hour on the Progressive
Radio Network Thursdays at 10AM US Central time and
Saturdays and Sundays at noon. All programs are
archived for easy listening.
http://www.progressiveradionetwork.com/the-progressive-news-hour/.
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