Police torture panel shuts down but what about victims?

By Starla Muhammad -Staff Writer- | Last updated: Aug 3, 2012 - 7:03:03 PM

Police torture victim Mark Clemmons (2nd left) discusses closure of torture commission at a town hall meeting. Photos: Starla Muhammad

CHICAGO (FinalCall.com) - The nightmare reign of Chicago Police Commander Jon Burge is not over, say activists. Not for the dozens of Black men beaten, tortured and coerced into confessing to crimes they did not commit and forced to spend years languishing behind bars, they add.

Adding insult to injury and injustice, the last glimmer of hope for many of these men, the Illinois Torture and Relief Commission has lost its funding—even as the city has continued to pay some victimized by illegal police coercion.

On July 25, the Chicago City Council voted to authorize $7.17 million in settlements to Michael Tillman and David Fauntleroy, both victims of the police torture under Mr. Burge. To date, the taxpayers of Chicago and Cook County have paid out $53.6 million in settlements as a result of Mr. Burge and his Area 2 police “terror squad” that wreaked havoc on the Black community from the 1970s through the 1990s. It was during this time Cmdr. Burge and those under his authority are accused of physically abusing and torturing suspects to make them confess to crimes.

Since 2003 Chicago taxpayers have paid an additional $82.5 million to defend the city in hundreds of police misconduct lawsuits, according a July 30 article in the Chicago Sun Times.

Despite this recent payout and the details that emerged of a 20-year police torture scandal that has gained international attention, no official apology was made to the victims or their families by the city of Chicago. Some 100 men are believed to have been subjected to torture at the hands of police at Area 2 headquarters.

Mr. Burge was convicted in 2011 of perjury and obstruction of justice related to torture allegations and was sentenced to four and a half years in prison.

Mr. Tillman, who was only 20-years-old when wrongfully convicted, will receive $5.37 million, for the 23.5 years spent in prison on the basis of a tortured confession. He was innocent of a 1986 murder and rape. Mr. Fauntleroy, who was accused of a double homicide in 1983, will receive $1.8 million. The charges against Mr. Fauntleroy were dropped in 2009.

That there has been no apology from former Mayor Richard M. Daley, who served as Cook County State’s Attorney from 1981 to 1989, or current Mayor Rahm Emmanuel which has offended many.

Critics accuse Mr. Daley of knowing about the torture and turning a blind eye. According to media reports in 1982, while Mr. Daley was states attorney evidence was presented to him raising questions about abuse at the hands of Mr. Burge and his squad. They accuse Mr. Daley and others of being part of a cover up. As part of Mr. Tillman’s settlement, the former mayor will not be deposed for questioning in his case.

The number of prosecutors, police officers and other officials that knew about the torture remains to be seen and the full extent may never be known. To date, Mr. Burge is the only person convicted of anything related to the torture charges and sentenced to jail.

At a press conference following the July 25 council vote, Mayor Emmanuel said he was focused on the future of the city not just the past.

“An apology is very significant not only to my client Michael Tillman but my feeling with regard to the African American community here and as to the families of all the torture victims and the torture victims themselves that an apology, although a symbolic act, would be important as a part of a healing process that has to take place given the enormous wrongs that were done to these men, all of whom were African American,” Flint Taylor, attorney at The People’s Law Office and Mr. Tillman’s lawyer told The Final Call.

“Although no one is accusing Rahm Emmanuel of being complicit in the scandal unlike the prior mayor, Richard Daley who was, he (Mayor Emmanuel) can speak on behalf of the police department and the city and issue a heartfelt apology and I don’t believe that the city can put this behind them just by paying money. They have to make right by all of the people that were harmed,” said Atty. Taylor, who has been representing victims of police torture for 25 years.

In addition to an apology, Atty. Taylor said the city must stop defending Mr. Burge with taxpayer money. Though in prison, Mr. Burge continues to collect his $3,000 monthly pension, the result of a 2011 vote by the police pension board.

“They have to consider reparations for all of the men who have no legal claim because of the statute of limitations. All of those things are important,” added Atty. Taylor.

Criticism has been leveled at some members of the city council’s Black Caucus for not being outspoken enough during the entire history of the Burge ordeal. The Final Call reached out to the office of Ald. Howard Brookins Jr., the current chair of the Black Caucus seeking comment but did not receive a response.

The Burge cases have been the most egregious case of police torture in American history, Salim Muwakkil, a Chicago-area writer and broadcaster said on his WVON-AM 1690 radio show. “There are international provisions against this, against some of the things this guy (Mr. Burge) was doing. And the city of Chicago, under the auspices of the city when this is settled, the city offers no apology for perhaps the most egregious act of torture in this nation’s history, domestic torture that was revealed,” said Mr. Muwakkil during his July 25 broadcast.

“This was revealed and yet despite the egregious nature of this, the international shame that it brought on this city, despite that, there is no apology. Not even an acknowledgement of wrongdoing by this city,” he added. There is no other feeling to have about a city that refuses to apologize except shame, said Mr. Muwakkil.

Many still locked up viewed the Illinois Torture and Relief Commission as their last chance at freedom. Formed in 2009, the commission was formed to investigate pending claims of police torture from victims of Mr. Burge. The commission was forced to shut down June 30 after the state cut its $235,000 funding.

The commission consisted of eight unpaid members that would review cases and vote on whether there was sufficient evidence torture was involved. The evidence in each case was presented by the commission’s executive director.

Community activists, including a former police torture victim, family members of victims and members of the commission met in early July at a town hall meeting, determined to fight and pressure state legislators and Governor Pat Quinn to put the money back in the budget.

“In June, we were just getting rolling when they cut off our funding. In June, we filed five decisions finding claims to be credible and sending them back to court and we have about 25 to 30 other investigations that are ongoing at the present time. We just did not have time to bring them to completion,” Atty. David Thomas, the executive director of the commission told The Final Call at the open meeting.

There were a total of 110 claims filed, said Atty. Thomas. The frustration level is extremely high in getting state legislators to work in consort to advocate on behalf of the commission, he added.

“It’s such a dysfunctional government. I mean it’s scary when you see how dysfunctional it is. In this particular instance I mean we had all sorts of hurdles that we had to overcome just to get going. Just to get a computer hooked up, to get your phones working takes like an act of Congress to get it done because of the bureaucracy,” said Atty. Thomas. Only a few investigations had been completed when word of the cut came down and “they slammed the door,” said Atty. Thomas.

Illinois State Senator Mattie Hunter was the lone elected official that attended the town hall. Other Black lawmakers on the city, county and state level were invited, said Atty. Standish Willis, one of the leading voices speaking out against the Burge torture case and police misconduct in general. Atty. Willis and the group Black People Against Police Torture organized the town hall meeting.

Mr. Willis called Chicago, “the torture capital of the United States.” The commission is the only way for those subjected to police torture but who have exhausted appeals and other legal recourse, to have their claims reviewed.

Jeanette Plumber, whose son was arrested at age 15 and has been in prison 21 years, addressed the town hall and said her son’s case will not be heard because the commission has shut down.

“This was his last chance to come home,” she said.

“It hurts to see your son suffer like that, and my son was 15 … they took my son on 39th and California. Beat him buck naked with no clothes on,” said Ms. Plumber.

Holding up a picture of her son to the audience, Ms. Plumber said it is not just about her son, but all the Black men who were allegedly tortured at the hands of Mr. Burge.

An inmate incarcerated in Illinois wrote a letter recently to The Final Call stating: “The judicial system has made a mockery of our culture. Now the Torture Commission was told to close up their office because of no funds. This is a tragedy that those who you all put in office allow monies to be the rule over justice.”

“As you see, every month someone is exonerated because of Jon Burge and now those who don’t have money will have to die in prison or stay until someone has passion enough to look into their case. Unfortunately that’s not fair,” he wrote.

After 20 years in jail, Burge accuser walks free (FCN, 09-28-2010)

Activists want ex-cop accused of torture jailed, police torture outlawed (FCN, 06-12-2010)

U.S. political prisoners have endured decades of abuse, many face death in prison (FCN, 04-25-2010)

Police torture victim released from jail after 23 years (FCN, 01-25-2010)

New hope for alleged torture victims in Illinois (FCN, 08-31-2009)

Alleged torture victim gets new trial (FCN, 06-01-2009)

Torture: The American Way? (FCN, 05-15-2009)

Farrakhan: Give justice to victims of police torture (FCN, 05-13-2009)