Wednesday, June 30, 2010

Chicago's Long Road to Justice for Torture


On the South Side of Chicago, Jon Burge's name is synonymous with torture. In 1993, Burge was dismissed from the Chicago Police Department under allegations of coercing false confessions from suspects. This week, as Matt Kelley wrote this morning, Burge is finally being held accountable for crimes related to torture,

Matt's done a great job covering the case, with a forward-looking focus on what's needed to make sure people like Burge don't abuse their power again. But for those of you who aren't already familiar with the case, I wanted to give you a full sense of just how abominable Burge's conduct really was — and how the system failed to check him.

Since Burge's reign of terror in the 1970s and 80s, more than 100 alleged victims have come forward and corroborated allegations against Burge and the officers under his command. Most of the victims are black. Many of them served years, or even decades, in prison for crimes that they confessed to but never committed.

What's more, from the time when Burge was promoted in 1972 until his conviction this week for charges related to torture, officials repeatedly turned a blind eye to Burge and his "midnight crew" of accomplices. The responsibility for letting Burge off the hook reaches all the way to the top of Chicago's notorious political food chain. For example, Mayor Richard Daley, first elected in 1989, previously headed the state attorney's office that relied upon coerced confessions and other evidence obtained through torture. During Daley's seven years as the Cook County State's Attorney, no action was taken to hold Burge accountable. Yet there were 55 allegations of torture made during the same period.

While the statute of limitations for charging Burge with torture has lapsed, Burge exposed himself to criminal liability in a 2003 civil lawsuit, when he testified under oath that he never perpetrated or knew of torture by Chicago police. In Burge's criminal trial for perjury and two counts of obstruction of justice, a jury has now concluded that Burge lied in his 2003 testimony — i.e., Burge did in fact commit and oversee torture. The Justice Department announced Burge's conviction for perjury and obstruction of justice this week — almost 30 years after his inaugural torture session. Burge now awaits his sentencing in November, and faces up to 45 years in federal prison,

Burge's conviction is the first step towards full accountability for police torture in Chicago. Federal prosecutors, while refusing to comment on any specific cases, suggests that Burge's conviction is just the tip of the iceberg. U.S. Attorney Patrick Fitzgerald — who is heading an ongoing investigation into police torture — indicated that "a message needs to go out that that conduct is unacceptable." That's an understatement.

Chris Cassidy writes on law, judicial nominations and the Constitution as they pertain to criminal justice reform and women's rights.

No comments: