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LOCAL News :: Civil & Human Rights

Vote No on 8 Judges Involved In Burge Torture Cases

Vote NO for these 8 judges seeking retention on the Nov. 7 Ballot because as former prosecutors or judges they began, continued, or now permit the prosecutions of 9 Black men based on forced confessions extracted under torture done by Chicago police detective Jon Burge and his men.
Vote NO on the retention of:
Garritt E. Howard – Punch 139
Colleen McSweeney Moore – Punch 143
Stuart E. Palmer – Punch 127
Ralph Reyna – Punch 145
Lon William Shultz – Punch 189
Henry Richard Simmons, Jr. – Punch 123
Lawrence “Larry” Terrell – Punch 195
Joseph J. Urso – Punch 147
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Between 1972 – 1991, at least 135 Black people were tortured by City of Chicago Police Detective Jon Burge and many officers working under his supervision at Police Area 2 and 3 on the south side of Chicago. These African-American arrestees were tortured during interrogation by Chicago Police to obtain forced confessions under Burge’s leadership. The torture included plastic bags placed over arrestees heads until loss of consciousness, electric shock by cattle prods and a dark box they referred to as a “nigger box” to genitalia, armpits, and ears, Russian Roulette, mock executions, beatings with guns, fists, and flash lights, repeated racial epithets including calling the arrestees “nigger”, and cigarette burns.

By the early 1980’s, it was widely known among the criminal system lawyers working for the State and defense as well as the criminal court judges that this systematic use of these specific torture techniques at Area 2 to obtain confessions to “solve” crimes was occurring. But the State’s prosecutors and the criminal court judges nonetheless initiated, continued, or upheld the prosecutions based on the forced confessions to send the victims to prison – and to Death Row – even though they had the legal power and the duty to stop those prosecutions.

Though Burge was fired in 1993 for his use of torture, 24 of his torture victims remain in Illinois prisons to this day and there have been no prosecutions of the perpetrators of this system of torture at Area 2 and 3 Chicago Police stations.

On May 15, 1995, the City of Chicago admitted that Melvin Jones had been electrically shocked in an attempt to extract a confession, and on July 13, 1995, the City of Chicago admitted in a legal document that Andrew Wilson was tortured by Burge.

In 1999, Federal Judge Milton Shadur found that “it is now common knowledge that Jon Burge and many officers working under him regularly engaged in the physical abuse and torture of prisoners in order to extract confessions.”

On January 10, 2003, Illinois Governor George Ryan granted four Burge death row victims pardons as their convictions were based on confessions extracted through beatings and torture.
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Also see the Chicago Tribune’s January 1999 series on prosecutorial misconduct by reporters Ken Armstrong and Maurice Possley, for which the Tribune analyzed thousands of court records, appellate rulings, and lawyer disciplinary records from across the U.S., and found that Illinois had the worst rate of homicide convictions being reversed due to serious misconduct by prosecutors. “The verdict: Dishonor,” 1/8/99. They found that 41 Cook County prosecutors had become Cook County Circuit judges after cases they prosecuted were reversed because of misconduct, showing a culture in the criminal legal system here that fosters misconduct by prosecutors because those who break the rules are not held to account for their bad acts and frequently get promoted to judge. “Break rules, be promoted,” 1/14/99.
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These judges up for retention on the November 7, 2006 ballot, either as former prosecutors or judges, were involved in initiating, continuing, or upholding the prosecutions of these Jon Burge and Chicago Police torture victims:

Vote NO on the retention of:

Garritt E. Howard – Punch 139
In 1986, Andrew Maxwell was beaten on the body and face and kicked during interrogation by Burge’s men and is still in prison. Judge Howard, as a trial lawyer for the State, prosecuted Andrew Maxwell at his trial in 1988 and conducted the motion to suppress hearing.
In 1973, Lawrence Poree, was beaten and electric shocked by Burge and his men, and showing him a black box they said, “this is what we got for niggers like you.” As an appellate prosecutor for the State, Judge Howard wrote the appeal brief for the State despite the strong evidence the confession was obtained by torture.
Prosecutors have the duty to not make statements of material fact in court which they know or reasonably should know are false. Since the 1880’s, the U.S. Supreme Court has recognized that coerced confessions are inherently untrustworthy evidence in a criminal case to prove the defendant’s guilt because such confessions are likely to be false. In its 1936 opinion, Brown v. Mississippi, 297 U.S. 278, ruling that “convictions which rest solely upon confessions shown to have been extorted by officers of the state by brutality and violence” were violations of the due process of law required by the Fourteenth Amendment to the U.S. Constitution, the Court wrote, “The rack and torture chamber may not be substituted for the witness stand.” Judge Howard failed in his duty to not participate in continuing the prosecution in these two cases based on confessions he knew were or should have known were false.

Lawyers are also required to protect the integrity of the judicial system from corruption, abuse, and defrauding, a duty which Judge Howard also failed to perform in these two torture cases.

Colleen McSweeney Moore – Punch 143
In 1990, Cortez Brown was beaten on the chest, arms, hands, and legs by Burge’s men, and is still in prison. Judge McSweeney Moore, as a trial lawyer for the State, prosecuted Cortez Brown at his trial in 1990 or 1991.
Prosecutors have the duty to not make statements of material fact in court which they know or reasonably should know are false. Since the 1880’s, the U.S. Supreme Court has recognized that coerced confessions are inherently untrustworthy evidence in a criminal case to prove the defendant’s guilt because such confessions are likely to be false. In its 1936 opinion, Brown v. Mississippi, 297 U.S. 278, ruling that “convictions which rest solely upon confessions shown to have been extorted by officers of the state by brutality and violence” were violations of the due process of law required by the Fourteenth Amendment to the U.S. Constitution, the Court wrote, “The rack and torture chamber may not be substituted for the witness stand.” Judge McSweeney Moore failed in her duty as a prosecutor to not participate in continuing the prosecution in this case based on a confession she knew was or should have known was false.
As a judge, she is now hearing cases of torture victims but still refuses to recognize this widely confirmed 20-year period of systematic, planned, specialized torture done to over 135 Black persons by the Chicago Police Department.
The Burge systematic torture has been fatally corrupting the Cook County criminal legal system since the 1970’s, and lawyers and judges are required to protect the integrity of the judicial system from corruption, abuse, and defrauding. As a judge, Colleen McSweeney Moore also now fails in her duty to protect the integrity of the judicial system from the fatal corruption of crimes “solved” through the Burge systematic torture.

Stuart E. Palmer – Punch 127
On November 2-4, 1984, Stanley Howard was beaten on the body while bagged, slapped and kicked until unconscious by Burge’s men. He was convicted and sent to Death Row based on the confession extracted under those conditions. In 1993, the Chicago Police Dept. group that investigates complaints of police misconduct, the OPS, confirmed these facts. In January 2003, former IL Gov. Ryan granted Stanley Howard an innocence pardon in this case. Judge Stuart E. Palmer has Stanley Howard’s case before him, yet failed to rule definitively before Gov. Ryan’s pardon, so he refuses to see the existence of the confirmed and widely acknowledged Burge systematic torture.
Judge Palmer also has Ronald Kitchen’s case before him now. On August 25-26, 1988, Ronald Kitchen was beaten on the groin and body, beaten with a phonebook, beaten with a blackjack on the groin, and beaten with a phone receiver during interrogation by Burge and his men at Area 3. He is still in prison. Judge Palmer has Burge torture victim Stanley Howard’s case before him, but Gov. Ryan pardoned Stanley Howard before Judge Palmer made any definitive ruling, proving that Judge Palmer refuses to see the existence of the systematic torture that has been widely confirmed and widely acknowledged.
The Burge systematic torture has been fatally corrupting the Cook County criminal legal system since the 1970’s, and lawyers and judges are required to protect the integrity of the judicial system from corruption, abuse, and defrauding. Judge Palmer fails in his duty to protect the integrity of the judicial system from the fatal corruption of crimes falsely “solved” through the Burge systematic torture.

Ralph Reyna – Punch 145
On October 28-29, 1983, David Bates was beaten on the body while bagged, kicked in the groin, and threatened by Burge’s men at Area 2. Judge Reyna has David Bates’ torture appeal before him now, but has refused to recognize the widely confirmed and widely acknowledged systematic Burge torture.
The Burge systematic torture has been fatally corrupting the Cook County criminal legal system since the 1970’s, and lawyers and judges are required to protect the integrity of the judicial system from corruption, abuse, and defrauding. Judge Reyna fails in his duty to protect the integrity of the judicial system from the fatal corruption of crimes falsely “solved” through the Burge systematic torture.
Judge Reyna also has a current, active connection to the Fraternal Order of Police, the police union.
This is a direct conflict of interest in itself for a criminal court judge, as an interest and relationship which either actually prejudices him toward criminal defendants whose cases come before him, or which gives the appearance of prejudice or impropriety, either of which should disqualify him from sitting as a criminal court judge.

Lon William Shultz – Punch 189
On May 31, 1985, Lonza Holmes was beaten and kicked on the body, repeatedly hit on the head with a phone book, and suffered judo chops under the neck by Burge and his men at Area 2. Lon Shultz prosecuted Lonza Holmes at his trial in 1987, despite the strong evidence of torture in the case against him.
Prosecutors have the duty to not make statements of material fact in court which they know or reasonably should know are false. Since the 1880’s, the U.S. Supreme Court has recognized that coerced confessions are inherently untrustworthy evidence in a criminal case to prove the defendant’s guilt because such confessions are likely to be false. In its 1936 opinion, Brown v. Mississippi, 297 U.S. 278, ruling that “convictions which rest solely upon confessions shown to have been extorted by officers of the state by brutality and violence” were violations of the due process of law required by the Fourteenth Amendment to the U.S. Constitution, the Court wrote, “The rack and torture chamber may not be substituted for the witness stand.” Judge Shultz failed in his duty to not participate in continuing the prosecution in these two cases based on confessions he knew were or should have known were false.

Lawyers are also required to protect the integrity of the judicial system from corruption, abuse, and defrauding, a duty which Judge Shultz also failed to perform in these two torture cases.

Henry Richard Simmons, Jr. – Punch 123
On November 2, 1983, Darrell Cannon was threatened with a gun, Russian roulette, mock executions, repeatedly given electric shocks on testicles and penis, hung by his handcuffs, and repeatedly called “nigger” by Burge’s men at Area 2. Henry R. Simmons, Jr., as an Asst. State’s Attorney on Felony Review, took Darrell Cannon’s Statement on November 2, 1983 at the Area 2 police station. The evidence of physical injury on his person had to have been obvious to all who saw him then.
Prosecutors have the duty to not make statements of material fact in court which they know or reasonably should know are false. Since the 1880’s, the U.S. Supreme Court has recognized that coerced confessions are inherently untrustworthy evidence in a criminal case to prove the defendant’s guilt because such confessions are likely to be false. In its 1936 opinion, Brown v. Mississippi, 297 U.S. 278, ruling that “convictions which rest solely upon confessions shown to have been extorted by officers of the state by brutality and violence” were violations of the due process of law required by the Fourteenth Amendment to the U.S. Constitution, the Court wrote, “The rack and torture chamber may not be substituted for the witness stand.” Judge Simmons failed in his duty to not participate in initiating the prosecution in this case based on a confession he knew was or should have known was false.

Lawyers are also required to protect the integrity of the judicial system from corruption, abuse, and defrauding, a duty which Judge Simmons also failed to perform in this torture case.

Lawrence “Larry” Terrell – Punch 195
In 1973, Lawrence Poree was shown a black shock box with the words, “this is what we got for niggers like you,” given electric shocks to the testicles, armpits, arm, and was beaten by Burge and his men at Area 2. Lawrence Terrell, as an Asst. State’s Attorney on Felony Review, took Lawrence Poree’s statement at the Area 2 police station. The evidence of physical injury on his person had to have been obvious to all who saw him then.
On August 7, 1979, Leroy Sanford was beaten at Area 2 by Burge and his men. Lawrence Terrell, as an Asst. State’s Attorney on Felony Review, took Leroy Sanford’s statement at the Area 2 police station. The evidence of physical injury on his person had to have been obvious to all who saw him then.
Prosecutors have the duty to not make statements of material fact in court which they know or reasonably should know are false. Since the 1880’s, the U.S. Supreme Court has recognized that coerced confessions are inherently untrustworthy evidence in a criminal case to prove the defendant’s guilt because such confessions are likely to be false. In its 1936 opinion, Brown v. Mississippi, 297 U.S. 278, ruling that “convictions which rest solely upon confessions shown to have been extorted by officers of the state by brutality and violence” were violations of the due process of law required by the Fourteenth Amendment to the U.S. Constitution, the Court wrote, “The rack and torture chamber may not be substituted for the witness stand.” Judge Terrell failed in his duty to not participate in initiating the prosecutions in these two cases based on confessions (“statements”) he knew were or should have known were false.

Lawyers are also required to protect the integrity of the judicial system from corruption, abuse, and defrauding, a duty which Judge Terrell also failed to perform in these torture cases.

Joseph J. Urso – Punch 147
During the time period throughout the 1970’s while Burge and his men were “solving” crimes at the Area 2 Chicago Police Station by obtaining false confessions of numerous black men through planned, systematic, and specialized torture, Joseph Urso was the lawyer working for the Cook County State’s Attorney’s Office who was in charge of Felony Review. Felony Review approves or disapproves of criminal charges being brought against a person. This means Joseph Urso had the power to stop or investigate the cases from Area 2. He had to have known that a pattern of torture was going on at the Area 2 Police Station because everyone inside the criminal legal system was talking about it at the time, and all the cases against the victims came across his desk and were prosecuted under his watch. Yet Joseph Urso did nothing to stop the torture or the prosecutions that were based on Burge’s torture-interrogations.
Prosecutors have the duty to not make statements of material fact in court which they know or reasonably should know are false. Since the 1880’s, the U.S. Supreme Court has recognized that coerced confessions are inherently untrustworthy evidence in a criminal case to prove the defendant’s guilt because such confessions are likely to be false. In its 1936 opinion, Brown v. Mississippi, 297 U.S. 278, ruling that “convictions which rest solely upon confessions shown to have been extorted by officers of the state by brutality and violence” were violations of the due process of law required by the Fourteenth Amendment to the U.S. Constitution, the Court wrote, “The rack and torture chamber may not be substituted for the witness stand.” Judge Urso failed in his duty as Head of Felony Review to not participate in initiating the prosecutions in the many Burge cases in the 1970’s based on confessions (“statements”) he knew were or should have known were false.

Lawyers are also required to protect the integrity of the judicial system from corruption, abuse, and defrauding, a duty which Judge Urso also failed to perform in these torture cases.
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This information is brought to you by:

Black People Against Police Torture,

a Citizens group formed to hold accountable Jon Burge and the other Chicago Police who obtained false confessions by torture of over 135 Black persons at Area 2 and 3 over the 20-year period from the early 1970’s through the early 1990’s, and the prosecutors and judges who moved the prosecutions forward through convictions and prison terms.

For more information, see the website of the People’s Law Office, www.peopleslawoffice.com, “Torture Links,” and the Chicago Reader’s and the Chicago Tribune’s reporting on the Burge torture cases.
 
 

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