The long-awaited report of the Special State's Attorney investigating torture by Chicago police during the 1970s, 80s and 90s concluded that while torture did occur, the statute of limitations precludes criminally prosecuting the brutal cops.
In an Indy Media web exclusive, we are posting the entire report here, along with a guide to finding different sections of it.
Special Prosecutor\'s Report, Section A.pdf (3727 k)
Special Prosecutor\'s Report, Section B.pdf (3595 k)
Special Prosecutor\'s Report, Section C.pdf (3008 k)
Special Prosecutor\'s Report, Section D.pdf (2852 k)
Special Prosecutor\'s Report, Section E.pdf (3000 k)
Special Prosecutor\'s Report, Section F.pdf (3295 k)
Special Prosecutor\'s Report, Section G.pdf (2299 k)
Special Prosecutor\'s Report, Section H.pdf (3656 k)
Special Prosecutor\'s Report, Section I.pdf (2650 k)
"[W]e conclude that the statute of limitations bars any prosecution of any officers," it said. The authors also purport to clear former Police Superintendent Terry Hillard and CPD behind the scenes fixer Thomas Needham of cover-up charges.
More than 4 years and $7 million in the making, the 1,680 page report covers some 148 cases of alleged police torture of African American men by former Chicago Police Commander Jon Burge and his subordinates.
"We have made the judgment that the admissible evidence would justify our asking a grand jury to indict in three cases: they are the cases of Andrew Wilson, Phillip Adkins, and Alfonzo Pinex. There are many other cases that raised the belief that the claimant was telling the truth, e.g. Michael Johnson, Melvin Jones and Shadeed Mumin, but their testimony would be not sufficient to establish proof beyond a reasonable doubt. And there are some case we have concluded that the claimant was not telling the truth, e.g. Leroy Orange and Leonard Kidd. In our judgment the evidence would support an indictment and conviction of Jon Burge in the case of Andrew Wilson… For reasons we explain in another part of this report, we conclude that the statute of limitations bars any prosecution of any officers."
Barring the alleged statute of limitations problem, the report said that there was sufficient evidence to criminally prosecute the following current or former police officers: Commander Jon Burge, Ronald Boffo, James Lotito, Anthony Maslanka, and Michael McDermott.
Of the 40 current and former police officers subpoenaed to testify, all but 11 refused to be interviewed. "4 of them testified over their objections after grants of immunity," said the report. One former assistant state's attorney refused to be interviewed, telling investigators through his lawyer that he would invoke the 5th Amendment if compelled to testify. All but one of the eight staff attorneys who prepared the report are former prosecutors.
Left unanswered by the report is the critical issue of new trials for the alleged victims of Burge, et al. Accepting for a moment that there may not be proof beyond a reasonable doubt to criminally prosecute some of the officers, this does not relieve the responsibility of the justice system to give these men the fair date in court that many of them never had.
In addition to the 148 cases investigated involving Burge and his subordinates, the report said that prosecutors did not pursue an additional 98 cases because they either did not involve Burge or his subordinates, the alleged victim refused to cooperate with investigators, the alleged victim was dead and his testimony was critical to establishing the facts of the case, or the alleged victim did not say he was abused by Chicago police officers.
In a Chicago Indy Media exclusive, we present here the entire report, broken up into approximately 100 page increments. So that readers do not have to download and print the entire report if they do not want to, here is a table of contents for the attached pdf's:
A. Main body of the report, consisting of:
I. Introduction (pp 3-15)
II. Conclusions (pp 16-17)
III. Statute of Limitations (pp 18-36)
IV. Perjury Trap (pp 37-42)
V. Andrew Wilson (pp 43-66)
VI. Richard Brzeczek (pp 67-111)
B. Main body of the report, continued:
VII. Allegations of "Cover-Up" (pp 112-156)
VIII. Relationship between OPS and Cook County State's Attorney (pp 157-168)
IX. Report of Investigators
1. Leroy Orange and Leonard Kidd (pp 169-182)
2. Madison Hobley (pp 183-216)
C. Report of Investigators, continued:
3. Stanley Howard (pp 217-241)
4. Aaron Patterson (pp 242-265)
5. Phillip Adkins (pp 266-274)
6. Alfonzo Pinex (pp 275-292)
D. Supplemental Section, individual cases:
1. Phillip Adkins
2. Willie Adkins
3. Samhan Ali
4. David Allen
5. Tony Anderson
6. James Andrews
7. Dwight Anthony
8. Gregory Banks
9. David Bates
E. Supplemental Section, individual cases:
1. Stephen Bell
2. Rodney Benson
F. Supplemental Section, individual cases:
1. Robert Billingsley
2. Eddie Birk
3. Frank Bounds
4. William Bracy
5. Terrence Brooks
6. Cortez Brown (aka Victor Saffold)
7. Roy Brown
8. Franklin Burchette
9. Eric Caine
10. Daryl Cannon
G. Supplemental Section, individual cases:
1. Joseph Carroll
2. Stephen Cavanero
3. Darryl Christian
4. Jesse Clemon
H. Supplemental Section, individual cases:
1. Darrell Cleveland
2. James Cody
3. Michael Coleman
4. Howard Collins
5. Jeffrey Collins
6. Roger Collins
7. Alexander Cooper
8. Thomas Craft
I. Supplemental Section, individual cases:
1. Erwin Daniel
2. Allan Davis
3. Javan Deloney
4. Maurice Deloney
5. Mearon Diggins
6. Michael Evans
7. David Fauntleroy
8. Raymond Golden
9. Sylvester Green
10. Tremaine Green
11. Anthony Hall
Comments
Sections J - R of the Report
19 Jul 2006
1. Terry Harris
2. Samuel Hayes
3. Charles Hill
4. Harold Hill
5. Leonard Hinton
6. Anthony Holmes
7. Lee Holmes
8. Lonza Holmes
9. Terrance Houston
10. Gregory Howard
K. Supplemental Section, individual cases:
1. Stephen Hudson
2. Anthony Jakes
3. Edward James
4. Eric Johnson
5. Grayland Johnson
6. Michael Johnson
7. Walter Johnson
8. Lavert Jones
9. Melvin Jones
L. Supplemental Section, individual cases:
1. Derrick King
2. Ronald Kitchen
3. Walter Lacey
4. Maurice Lane
M. Supplemental Section, individual cases:
1. James Lewis
2. Alton Logan
3. Dwayne Macklin
4. Jerry Mahaffey
5. Reginald Mahaffey
6. Derrick Martin
7. Rodney Mastin
8. Andrew Maxwell
9. Mike Paul
10. Larry Milan
11. Doris Miller
12. Curtis Milsap
13. Alex Moore
14. Shadeed Mumin
15. Patrick O'Connor
16. Diyez Owens
N. Supplemental Section, individual cases:
1. Michael Peterson
2. Williams Phillips
3. Mark Pillette
4. Alfonzo Pinex
5. Johnny Plummer
6. Willie Porch
7. Lawrence Poree
8. George Powell
9. David Randle
O. Supplemental Section, individual cases:
1. Marvin Reeves
2. Travis Richardson
3. LC Riley
4. Steven Riley
5. Virgil Robinson
6. George Rogers
7. Ty Shawn Ross
8. Marco Santiago
P. Supplemental Section, individual cases:
1. Alonzo Smith
2. Clayborn Smith
3. Eric Smith
4. Eric J. Smith
5. Ivan Smith
6. Lindsey Smith
7. Robert Smith
8. Donald Summage
9. Paul Terry
10. Jerry Thompson
Q. Supplemental Section, individual cases:
1. Tim Thompson
2. Tony Thompson
3. Michael Tillman
R. Supplemental Section, individual cases:
1. Donald Torrence
2. Donald Traylor
3. Clarence Trotter
Sections S & T of the Report
19 Jul 2006
1. Daniel Vaughn
2. Alexander Villanueva
3. Vincent Wade
4. Johnny Walker
5. Keith Walker
6. Phillip Walker
7. Michael Waslewski
8. Clinton Welton
9. Demond Weston
10. Donald White
11. Emmett White
12. Lemont White
13. Walter White
14. Marcus Wiggins
15. Andre Wilks
16. Anthony Williams (Mertz)
17. Bobby Joe Williams
T. Supplemental Section, individual cases:
1. Peter Williams
2. Terry Williams
3. Andrew Wilson
4. Eric Wilson
5. Jackie Wilson
6. Jesse Winston
7. Stanley Wrice
8. Dan Young
(END)
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
19 Jul 2006
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
19 Jul 2006
Great.
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
19 Jul 2006
www.chicagoreader.com/features/stories/ourtown/060721/torture/
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
19 Jul 2006
that is indeed definite dereliction of duty, and that type of shotty, irresponsible opinion is the sure sign that patrick fitzgerald will also be complicit with the torture, and choose to maintain the cover-up.
Re: Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
19 Jul 2006
And thank you Andy!!!
So, if any regular person (not these "peace" officers, and attorneys) did this stuff they would be in jail. If they aren't going to be then let our people go!
It's still happening right this very minute.
Free Aaron Patterson!!!
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
20 Jul 2006
This investigation is bogus. Brzezcek actually did his job, he reported the abuse to the States Attorney, that is what he is supposed to do. He was not an investigator, he was a Police Chief.
Police Chiefs are not supposed to do investigations, States Attorneys are supposed to do investigations.
They are using the investigation to obfuscate, create soundbites and confuse the public regarding the facts of the case.
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
20 Jul 2006
he was not around during the patterson set-up, or the george ryan fiasco.
if he manages to spend any time working on this, he might uncover some of the evilness happening between his office and the states attorney's office.
Who is Gary Shapiro? That is a question we need to be asking. We know he is Fitzgerald's First Assistant, but that is all we know.
Does he have any old ties to Daley and Devine?
He is the one who worked with Devine on the Patterson set-up.
Good luck finding ANYthing on the guy. He is a mystery man.
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
20 Jul 2006
The page you are looking for might have been removed, had its name changed, or is temporarily unavailable."
If I were a conspiracy theorist . . .
Re: JLP can't access report
20 Jul 2006
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
20 Jul 2006
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
20 Jul 2006
Not only have I driven people home from 26th and Cal, but also Grand, Menard, Pontiac.. etc.
Again, it is not the job of the Police Superintendent to investigate, it is his job to report crimes to the States Attorney, and that is what he did.
Perhaps he could have done some more, and perhaps he did just enough to try and cover his own butt, but he did perform due diligence. Sure, he did his duty of investigating to a degree, but upon finding what he needed know he then turns it over up the chain of the legal command. That is the process. In short, he did his job.
It is the States Atty. who was/ is delinquent in their duties. They knew about a crime and they did NOTHING but cover it up for 30 years while they climbed their career ladders and put their spoilt kids through college with your money. They did not investigate it, which is what they are supposed to do, they did no interviews, they sought no evidence, they did nothing. In fact they were involved in recommending some of the torturers for promotions, and in fact Daley, while Mayor used a "merit promotion" program to promote O'Hara and Yucaitis to detectives, which means they did not have to take a test or go through the normal process of becoming detectives.
Oh? wait? you don't know who those guys are? They are the other two cops who were fired along with Burge, until the FOP (that's the Fraternal Order of Police, the Police Union, genius) fought for their jobs and won them back. Of course you knew that.
Here, maybe you can learn something from Flint Taylor, he is the key lawyer involved with these cases. He was on Democracy Now! this morning and he explains as much and more of what I described about Brzezcek and the States Atty. above.
He is a nice Middle Class white man with a Degree, I'm sure you can trust him.
www.democracynow.org/article.pl
I hope that we might see this situation as the opportunity to finally rid our progressive movement of people who want to defend the likes of Daley and Devine.
Re: Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
21 Jul 2006
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
20 Jul 2006
the democracy now link
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
21 Jul 2006
at the link you will find a lot of the documentation reagarding Daley, Devine, Burge and many of the police officers involved.
it is an old outdated site which was sabotaged by "friends" at one point, so it can no longer be updated, but at least is has the documents.
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
21 Jul 2006
And here's something interesting from today's Sun Times editorial page:
No statute of limitations on disbarment for torture
July 21, 2006
Chicago Police tortured suspects in their custody, and nothing was done about it, and there's little we can do now. That's a brief synopsis of the frustrating report from special prosecutors appointed to look into allegations of police brutality against former Cmdr. Jon Burge and his men. But there is hope for a small measure of justice. Federal charges can't be ruled out. And lawyers who looked the other way can and should be investigated for their inaction.
Special prosecutors Edward Egan and Robert Boyle spent four years and $7 million investigating allegations against Burge -- who was fired in 1993 -- and his men. They probed 148 allegations, finding credible evidence of torture in more than half but enough evidence to bring charges in just three. However, the statute of limitations has run out, making charges impossible.
Perhaps a tenacious federal prosecutor can find a way to bring federal charges. Fortunately, a tenacious federal prosecutor is just what we have in Patrick Fitzgerald. His office is reviewing the report, and we trust he'll do what he can.
Which brings us to the men who could have done something sooner. Egan and Boyle point the finger at several police officials and prosecutors who were aware of abuse allegations in the case that brought the issue to the forefront, that of Andrew Wilson. Wilson was arrested (and eventually convicted) for the murder of two cops in 1982. The special prosecutors determined that evidence of Wilson's torture was so overwhelming that Burge could have been convicted of aggravated battery. But neither Burge's superiors nor prosecutors did anything, despite a letter from a Cook County Jail doctor who urged a probe because he thought police had abused Wilson.
The list of men who, according to the report, didn't follow up is long. It includes Mayor Daley, who was then Cook County state's attorney; Richard Devine, who is now state's attorney but was then Daley's top aide; William Kunkle, who prosecuted the Wilson case and is now a judge; Lawrence Hyman, who was Daley's chief of felony review and who took Wilson's confession, and Frank DeBoni, who was a prosecutor and is now a judge.
Anyone holding a law license can be disciplined by the state Attorney Registration & Disciplinary Commission. The agency does not say whether it is conducting a disciplinary proceeding, but Chief Counsel James Grogan notes that it generally pays close attention to such things as reports from special prosecutors. And no statute of limitations applies.
Investigating the lawyers may seem like a small gesture, but disbarment is a serious step and should be pursued where the evidence warrants. The men -- and former Police Supt. Richard Brzeczek, another lawyer, who was harshly criticized by the report -- didn't carry out the abuse, but they could have stopped it in 1982. They bear some responsibility, and should be held accountable.
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
21 Jul 2006
And here's something interesting from today's Sun Times editorial page:
No statute of limitations on disbarment for torture
July 21, 2006
Chicago Police tortured suspects in their custody, and nothing was done about it, and there's little we can do now. That's a brief synopsis of the frustrating report from special prosecutors appointed to look into allegations of police brutality against former Cmdr. Jon Burge and his men. But there is hope for a small measure of justice. Federal charges can't be ruled out. And lawyers who looked the other way can and should be investigated for their inaction.
Special prosecutors Edward Egan and Robert Boyle spent four years and $7 million investigating allegations against Burge -- who was fired in 1993 -- and his men. They probed 148 allegations, finding credible evidence of torture in more than half but enough evidence to bring charges in just three. However, the statute of limitations has run out, making charges impossible.
Perhaps a tenacious federal prosecutor can find a way to bring federal charges. Fortunately, a tenacious federal prosecutor is just what we have in Patrick Fitzgerald. His office is reviewing the report, and we trust he'll do what he can.
Which brings us to the men who could have done something sooner. Egan and Boyle point the finger at several police officials and prosecutors who were aware of abuse allegations in the case that brought the issue to the forefront, that of Andrew Wilson. Wilson was arrested (and eventually convicted) for the murder of two cops in 1982. The special prosecutors determined that evidence of Wilson's torture was so overwhelming that Burge could have been convicted of aggravated battery. But neither Burge's superiors nor prosecutors did anything, despite a letter from a Cook County Jail doctor who urged a probe because he thought police had abused Wilson.
The list of men who, according to the report, didn't follow up is long. It includes Mayor Daley, who was then Cook County state's attorney; Richard Devine, who is now state's attorney but was then Daley's top aide; William Kunkle, who prosecuted the Wilson case and is now a judge; Lawrence Hyman, who was Daley's chief of felony review and who took Wilson's confession, and Frank DeBoni, who was a prosecutor and is now a judge.
Anyone holding a law license can be disciplined by the state Attorney Registration & Disciplinary Commission. The agency does not say whether it is conducting a disciplinary proceeding, but Chief Counsel James Grogan notes that it generally pays close attention to such things as reports from special prosecutors. And no statute of limitations applies.
Investigating the lawyers may seem like a small gesture, but disbarment is a serious step and should be pursued where the evidence warrants. The men -- and former Police Supt. Richard Brzeczek, another lawyer, who was harshly criticized by the report -- didn't carry out the abuse, but they could have stopped it in 1982. They bear some responsibility, and should be held accountable.
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
18 Aug 2006
Re: Report Nails Chicago Police for Torture, But Says They Can't Be Prosecuted / FULL TEXT OF REPORT HERE
28 Aug 2006
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