Special Prosecutor

MacArthur Justice Center, Partners Testify at City Council Committee Hearing About Failure of Special Prosecutor Report; Call on Federal Prosecutor, IL Attorney General, City Council to Intervene

The Chicago City Council's Police and Fire Committee held a hearing to review the special prosecutors' report on the Burge torture cases and to learn more about why the $7 million taxpayer-funded investigation did not result in indictments despite clear findings of torture.

Prior to the hearing, Ald. Toni Preckwinkle held a press conference to call on the City Council to stop payments to the special prosecutors and to push for indictments against Burge and his men. Some aldermen introduced a resolution (pdf) called on the City to stop paying legal fees and pensions for Burge and his men.

The hearing came on the heels of a report released in May by the Justice Center and others that concluded that the special prosecutors' investigation was 'hopelessly flawed' and failed to bring charges against Burge and his men 'despite the apparent existence of numerous provable offenses within the statute of limitations.' Based on the findings of the advocates' report, Commissioner Collins called for a public hearing.

Updated - 07/24/2007


Cook County Board Unanimously Passes 3 of 4 Resolutions Calling for Federal Intervention, Prosecution in Burge Torture Cases

The Cook County Board unanimously voted in favor of three resolutions urging more action and investigation into the Burge torture cases that have dogged Chicago's reputation for decades.

The three resolutions that passed call for the following:

  • A federal investigation and prosecution by the U.S. Attorney's Office of Burge and his men for all crimes still indictable under federal law - Resolution One (pdf)
  • Federal legislation (recently called for by U.S. Rep. Danny Davis) and State legislation to establish the crime of torture with no statute of limitations - Resolution Two (pdf)
  • New hearings for Burge torture victims who were wrongfully convicted or are still incarcerated as a result of tortured confessions - Resolution Three (pdf)

A fourth resolution before the Board called for the immediate suspension of all payments to Special Prosecutors Edward Egan and Robert Boyle, but it was referred to the litigation committee for review.

The resolutions and hearing that proceeded their passage came on the heels of a report released in the spring by the MacArthur Justice Center and others that concluded that the special prosecutors' investigation was 'hopelessly flawed' and failed to bring charges against Burge and his men 'despite the apparent existence of numerous provable offenses within the statute of limitations.' Based on the findings of the advocates' report, County Board Commissioner Earlean Collins called for a public hearing.

Updated - 07/10/2007


MacArthur Justice Center, Partners Testify at Cook County Board Hearing About Failure of Special Prosecutor Report; Call on Federal Prosecutor, Illinois Attorney General, City Council to Intervene

The Cook County Board's Criminal Justice Committee held a hearing to review the special prosecutors' report on the Burge torture cases and to learn more about why the $7 million taxpayer-funded investigation did not result in indictments despite clear findings of torture. The hearing was called by Cook County Commissioner Earlean Collins, who chairs the Criminal Justice Committee.

MacArthur Justice Center Director Locke Bowman testified about the failure of the special prosecutor report, as did victims of torture under Burge, and other attorneys and advocates for victims rights and police accountability. The group called on the federal prosecutor, the Illinois attorney general and the City Council to intervene.

The hearing came on the heels of a report released in May by the Justice Center and others that concluded that the special prosecutors' investigation was 'hopelessly flawed' and failed to bring charges against Burge and his men 'despite the apparent existence of numerous provable offenses within the statute of limitations.' Based on the findings of the advocates' report, Commissioner Collins called for a public hearing.

Commissioner Collins announced the hearing at a press conference with Congressman Danny Davis on Monday, at which Rep. Davis said he would be introducing legislation in the coming months that would make police torture a federal crime with no statute of limitations.

Updated - 06/13/2007


MacArthur Justice Center , Partners Release Report Calling Special Prosecutor Report on Burge Torture Cases 'Hopelessly Flawed'; Call on Federal Prosecutor, IL Attorney General, City Council to Intervene

Attorneys for Burge torture victims and other victims' rights groups released a report (pdf) today on the failure of the special prosecutors to fairly and thoroughly investigate police torture under Jon Burge in Chicago.

After a four-year investigation and $7 million in taxpayer dollars, Special Prosecutors Edward J. Egan and Robert D. Boyle released a report on July 19, 2006, that found that African-American men were tortured by former Area 2 Police Commander Jon Burge and his men, but Egan and Boyle sought no indictments.

The report released today concluded that the special prosecutors' investigation was 'hopelessly flawed' and failed to bring charges against Burge and his men 'despite the apparent existence of numerous provable offenses within the statute of limitations.'

More than 212 individuals and organizations involved in human rights and criminal justice work endorsed the report released today and have asked the U.S. Attorney's office, the Illinois Attorney General, the Cook County Board, Chicago's City Council, and the United Nations Committee Against Torture, among others, to intervene in the ongoing torture cases that continue to stain Chicago and the Chicago Police Department.

Updated - 04/24/2007


Chicago Police Officers Tortured Suspects

After a four-and-a-half-year investigation, special prosecutors released their report in July finding that torture did occur under Chicago Police Commander Jon Burge in the 1970s and 80s in Chicago's Area 2 precinct.

The MacArthur Justice Center was instrumental in getting the special prosecutor appointed more than four years ago to investigate widespread allegations that many African-American suspects were tortured by Burge and his men. The report was ordered by Chief Criminal Court Judge Paul Biebel in 2002 and has cost taxpayers more than $5 million dollars.

Although special prosecutors Edward J. Egan and Robert D. Boyle conclude it's too late to pursue charges against the officers who committed these heinous crimes, others disagree.

Attorneys and legal organizations, including the MacArthur Justice Center, that have represented men tortured by Burge and repeatedly called for justice have taken the issue before the Inter-American Commission on Human Rights and the United Nations Human Rights Commission, and plan to pursue federal prosecution.

The torture represents one of the most explosive police controversies in Chicago 's history, fueling concerns about systemic racism in law enforcement and ultimately leading to the release of African-American prisoners from Illinois' Death Row after evidence showed they were victims of police torture. Other victims remain in prison based on confessions that were extracted through torture.

All of the acts of torture, including electric shocks to the genitals administered by a cattle prod, suffocation, burns and mock executions with a shotgun, took place under the direction of Burge, who has been the subject of various legal inquires for nearly a decade.

Meanwhile, Burge resides in Florida and collects a taxpayer-funded pension.

Updated - 07/01/2006


The Chicago Tribune marked the one year anniversary of the appointment of a special prosecutor by publishing an op/ed authored by MJC's Locke Bowman and the Mandel Legal Aid Clinic's Randolph Stone calling for aggressive action in the investigation.

Updated - 04/24/2003


MacArthur Justice Center Requests Special Prosecutor to Investigate Criminal Violations by Area 2 Detectives

On April 24, 2002, Chief Criminal Courts Judge Paul Biebel took the extraordinary step of appointing a special prosecutor (pdf) to investigate allegations that former Chicago Police Commander Jon Burge and police officers under his command at Area 2 police headquarters employed torture techniques (such as electric shock and suffocation) against scores of African American men during the 1980's and then conspired to cover up their actions. Judge Biebel named former Illinois Appellate Court Justice Edward Egan a special prosecutor to investigate these allegations and pursue criminal charges as warranted.

The special prosecutor was appointed after the MacArthur Justice Center, along with Randolph N. Stone of the University of Chicago Mandel Legal Aid Clinic, petitioned the court for a prosecutor on behalf of a coalition of community, police watchdog, and antideath penalty organizations. The petition alleged that a special prosecutor was necessary because Cook County State's Attorney Richard Devine had a conflict of interest that prevented him from aggressively investigating Burge's alleged wrongdoing. Devine's former law firm had defended Burge against the torture charges in litigation in federal court and before the Chicago Police Board. Devine's office, the petition alleged, also could not simultaneously investigate the detectives and defend the validity of the criminal convictions based in part on confessions that Burge and his underlings tortured from suspects

Updated - 04/24/2002