Statute of Limitations Stands in Way of Justice
Report on Chicago Police Torture Is Released
CHICAGO, July 19 — Special prosecutors said today that scores of criminal suspects were routinely tortured by police officers on the South Side in the 1970’s and 1980’s, but that extensive legal research convinced them that there was no way to skirt the statute of limitations preventing prosecution.
After four years, more than 700 interviews and $6 million, the prosecutors said that they could prove at least three cases, involving five fired or retired officers, beyond a reasonable doubt in court, and that they found credible evidence of abuse in about half the 148 complaints they had thoroughly investigated. Yet they rejected arguments by lawyers for the abuse victims that there is an ongoing conspiracy to obstruct justice that allows criminal charges to be filed now.
“We want to make it really clear, we only wish we could indict in these three cases,” Robert D. Boyle, the chief deputy special state’s attorney, said ruefully at a morning news conference downtown.
The prosecutors’ long-awaited 292-page report attempts to reach closure on an excruciating chapter in Chicago history, one that has helped cement a chasm between African-American citizens and white police officials, driven changes in police procedures, and played a critical role in the national debate over the death penalty. Among those interviewed in the probe were Mayor Richard M. Daley, the county’s top prosecutor when some of the most egregious complaints were lodged, and his former assistant and successor, Richard A. Devine.
Mr. Boyle condemned Chicago’s former police superintendent, Richard Brzeczek, saying he “did not just do his job poorly, he just didn’t do his job,” but had only mild criticism for Mayor Daley, who received a letter documenting serious abuse in 1982 but delegated its investigation. “We accept his explanation, but would not do it the same way he did,” Mr. Boyle said of Mr. Daley.
Torture victims and lawyers representing them expressed profound disappointment in the report, and said Mr. Daley and Mr. Devine should face federal indictment along with a fired police commander, Jon Burge, and rogue officers under his command for obstruction of justice, perjury, racketeering and civil rights violations.
“Somebody needs to go to jail,” said one of the lawyers, Lawrence Kennon. “Burge needs to go to jail. His henchmen need to go to jail. They mayor should be indicted for covering up.”
Locke Bowman, another attorney for the victims, said the “report stops short” because “it fails to place responsibility at the doorstep of other individuals.” He added, “I’m talking about Mayor Daley.”
Mayor Daley was in San Francisco today and a spokeswoman said he would not respond to the report until later in the week. Mara Georges, the city’s corporation counsel, released a statement saying the report "is lengthy and comprehensive and reflects the hard work of the special prosecutor and his staff," adding, "we are in the process of thoroughly reviewing it and will comment on the report upon the completion of our review."
In a written statement, Mr. Devine said today that during his tenure as first assistant state’s attorney, "claims of systemic abuse at Area 2 had not crystallized," and that in terms of the critical complaint that came to his attention, "I had no reason to believe that the claims were not handled appropriately."
"We cannot undo the past," he added. "We can only commit ourselves to doing all in our power to prevent such abuses from happening in the future."
Mr. Brzezcek, who ran against Mr. Daley for state’s attorney in 1984 after resigning as police superintendent and now is a lawyer in private practice, said the report is "a big political cover-up" that he has no plans to read.
"I think it’s the work of two political appointees who had to fix the blame on someone who’s not connected to Daley — that’s me," he said in an interview, questioning why the lengthy investigation focused so heavily on a single case that occurred during his brief tenure when allegations stretch for many years before and after. "I read about 25 nonfiction hardcovers a year," he added. "I establish priorities for reading. I have some back issues of the National Enquirer that I’m going to read first."
Mr. Burge, who was fired over s0me of the allegations in 1993, has denied wrongdoing in the cases.
The report, along with 1,452 additional pages on the remainder of the 148 cases, will undoubtedly be used in five civil cases by abuse victims currently pending in federal court, as well as more than two dozen instances in which imprisoned victims are challenging their convictions based on the torture. Mr. Boyle said a copy had also been requested by the United States Attorney’s office, which gave the victims some hope.
“Something as serious as police torture, there shouldn’t be a statute of limitations,” complained another lawyer, Flint Taylor, who likened the situation to Ku Klux Klan killings in the 1960’s that remain under investigation and have led to convictions in recent years. “It’s like murder.”
posted by Professor Segal | 4:59 PM
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