Friday, July 21, 2006

Chicago Sun Times Editorial - No statute of limitations on disbarment for torture

Chicago Sun Times Editorial - No statute of limitations on disbarment for torture
Copyright by The Chicago Sun Times
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.

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