False Confessions in the Burge Torture Case
Victim Of Burge-Related Waterboarding, Suffocation, Requests New Trial
Updated (07/21/2009)
Exactly 23 years after he was subjected to a crude form of waterboarding, suffocation, and a mock execution during a sadistic three-day interrogation by subordinates of indicted former Chicago Police Commander Jon Burge, Michael Tillman will file a petition in Cook County Circuit Court Tuesday seeking a new trial in connection with his wrongful murder conviction.
Following his arrest on July 21, 1986, Tillman was ruthlessly abused by the infamous "Midnight Crew" at Area 2 Police Headquarters, a cadre of rogue Chicago cops operating under Burge's right-hand man, Sergeant John Byrne. Based largely on a bogus confession extracted during that unlawful interrogation, Tillman was wrongfully convicted of murdering Betty Howard and was sentenced to prison, where he remains today.
On Tuesday, attorneys from the People's Law Office and the Roderick MacArthur Justice Center at Northwestern University will file a post-conviction petition asking the court to vacate Tillman's conviction and order new trial. The move comes in the wake of massive evidence that Tillman was a casualty of a systematic ring of torture that Burge and his underlings inflicted on African-American suspects from the early 1970s through the 1990s.
"Of all the torture cases in the system, the ones like Tillman's are particularly galling," said Locke E. Bowman, Legal Director of the MacArthur Justice Center. "Tillman has been in prison for twenty three years for one reason only: he was tortured into confessing to a crime he didn't commit."
Since Tillman unsuccessfully appealed his conviction in 1999, Burge, Byrne and detectives under their command have been implicated by multiple law enforcement officials in a pattern of torture. In 2006, a Cook County Special Prosecutor issued a report concluding that the torture occurred, and last year U.S. Attorney Patrick Fitzgerald indicted Burge. Meanwhile, Burge, Byrne and their associates have invoked their Fifth Amendment right against self-incrimination under questioning about abuse charges.
Stymied by the decades-long cover-up of the torture ring and unable to afford a lawyer, Tillman was forced to let the statutory deadline for his post-conviction petition expire. But in filing the petition on his behalf Tuesday, Tillman's attorneys called on Attorney General Lisa Madigan to allow the case to be considered on the merits, rather than seeking to dismiss it on a technicality.
"Prosecutors are required to hold the interests of justice higher than the pursuit of convictions," said G. Flint Taylor of the People's Law Office. "Mr. Tillman has set forth a powerful case of torture, innocence, and cover-up in his Petition. This is therefore a most compelling case for Attorney General Madigan to honor her prosecutorial oath, the interests of justice, and her pledge that she will not rely on tortured evidence. To do so she, or whoever succeeds her as the prosecutor in this case, must forego technical defenses and agree that Tillman is entitled to a hearing on his claims of torture and innocence."
Burge Torture Victim Gets New Trial as Judge Voids Bogus Murder Conviction
Updated (05/22/2009)
Nineteen years after he was viciously beaten by subordinates of indicted former Chicago Police Commander Jon Burge, Victor Safforld – formerly known as Cortez Brown – was awarded a new trial when a Cook County Circuit Judge overturned his wrongful murder conviction, and calls the evidence against the rogue cops “staggering” and “damning.”
The decision by Judge Clayton Crane buoys hopes of ending the prolonged injustice inflicted on Safforld, who was bludgeoned with a flashlight by Burge’s underlings until he submitted a false confession to the 1990 killings of Devin Boelter and Curitis Sims. Safforld was subsequently sentenced to death based exclusively on that spurious confession. That sentence was later commuted to life in prison, where Safforld has languished since 1991.
“This decision brings redemption not only to Victor Safforld and his family, but to all of those who have steadfastly fought for so long to hold Jon Burge and his henchmen accountable for their reprehensible acts,” said Locke Bowman, Legal Director of the Roderick MacArthur Justice Center, which with attorneys Flint Taylor, Joey Mogul and Sarah Gelsomino of the People’s Law Office represent Safforld.
Safforld’s lawyers said the ruling should convince Illinois Attorney General Lisa Madigan to cease all efforts to prevent new trials for all other Burge torture victims.
“The Attorney General should never have proceeded with this case, and now she must come to the reality that she cannot in good conscience fight for the continued imprisonment of Burge’s torture victims,” said Taylor, founding partner of the People’s Law Office. “That will only perpetuate the grave injustice they have suffered for so many years.”
During a four-day evidentiary hearing this week attorneys for Safforld methodically demonstrated how current Chicago Police Detective John O’Brien and retired Detectives John Paladino and Tony Maslanka under the supervision of both Burge and John Byrne beat their client with fists and a flashlight, snubbed his requests for a lawyer and deprived him of food until he agreed to sign a false confession.
“The evidence against [Burge and his subordinates] is staggering,” said Judge Crane. “It is damning.”
All three detectives, along with Byrne, appeared as witnesses during the hearing and invoked the Fifth Amendment in response to questions about their role in Safforld’s mistreatment, as well as a multitude of other cases where other suspects said they were similarly abused by the detectives.
The detectives acted under the command of Burge, who has been charged by federal authorities in connection with the torture he systematically visited on African-American criminal suspects during a 30-year period.
Judge Issues Certificate That John Burge Is Material Witness In Police Abuse Case
Updated (04/30/2009)
Cook County Judge Clayton Crane ruled that attorneys for Cortez Brown may begin a process to subpoena former Chicago Police Commander Jon Burge to testify about the beating inflicted on Brown during a 1990 murder investigation. Brown falsely confessed to the crime after Burge’s subordinates bludgeoned him with a flashlight and committed other abuses. He continues to languish in state prison due to the wrongful conviction.
Seeking to void that conviction, Locke Bowman, Legal Director of the Roderick MacArthur Justice Center, and Attorney for Cortez Brown sought leave to subpoena Burge and former Detective Tony Maslanka, who currently live out-of-state, as material witnesses. The certification that Burge and Maslanka are material witnesses in the Brown case permits the attorneys to seek a subpoena within the jurisdiction in which Burge and Maslanka live.
In 1990, Brown was arrested for the murders of Devin Boelter and Curtis Sims. Brown alleges that Area 3 police detectives John O’Brien, John Paladino and Tony Maslanka—all of whom worked directly under Burge –verbally threatened him and beat him repeatedly with fists and a flashlight until he agreed to submit a bogus confession to the crimes.
At trials for both murders, Brown’s coerced confessions were the principal evidence used to tie him to the alleged crimes. And in both cases, the larger pattern of atrocities that Burge inflicted on other black suspects was not revealed. Burge is currently under federal indictment for perjury and obstruction of justice based on his sworn denials that suspects were abused and tortured. Brown finished serving the 30 year sentence imposed on him for one of the murders, but seeks release from his natural life sentence for the second.
Judge Appoints Special State’s Attorney To Handle Burge Torture Cases
Updated (04/09/2009)
Efforts to void the convictions of men tortured by Jon Burge and his underlings was spared the threat of additional delays recently when a Cook County Court appointed a Special State’s Attorney to handle five of those infamous cases.
Cook County Circuit Court Presiding Judge Paul Biebel, who originally entrusted the torture cases to Attorney General Lisa Madigan, to avoid a conflict of interest plaguing the State’s Attorney’s office, on Tuesday appointed Hon. Stuart A. Nudelman (Ret.) as Special State’s Attorney to undertake defense of these Burge-related cases.
Madigan had sought to transfer them back to the Cook County State’s Attorney’s Office.
"We are pleased Judge Biebel appointed a Special State’s Attorney to oversee these cases," commented Locke Bowman, Legal Director of the Roderick MacArthur Justice Center. "His decision recognizes that these cases should be handled by a prosecutor who is independent and will focus immediate attention and adequate resources to bring the cases to prompt hearing."
Attorney for the victims argued that this Madigan’s transfer request would have slowed litigation and lead to inconsistent decision making among the more than 25 African-American men who continue to languish in Illinois prisons decades after Burge and his cohorts tortured them into false criminal confessions.
In 2003, the court reassigned the Burge cases to Madigan’s office finding that then-State’s Attorney Dick Devine’s conflict of interest as a former attorney to Jon Burge. According to the court, Devine did not recuse himself early enough, nor screen himself from the Assistant State’s Attorneys directly involved in the case. As a result, the court found this conflict of interest tainted Devine’s entire staff—which included current State’s Attorney Anita Alvarez—and his office was disqualified from handling the Burge investigation.
Court Hears AG Madigan's Bid to Dump Burge Torture Cases
Updated (02/24/2009)
(Chicago, IL) As 25 men languish in prison for wrongful convictions resulting from the Jon Burge torture scandal, attorneys for Attorney General Lisa Madigan recently appeared in court seeking to transfer responsibility for five Burge-related cases to the Cook County State's Attorney, despite a previous court ruling that the State's Attorney has a conflict of interest that could impair fair treatment of Burge's victims.
Lawyers for the State's Attorney's office did not back Madigan's petition and repeatedly stressed in court that the pending Burge cases would benefit from "consistency" in the prosecutor's office. That principle would be undermined if Madigan was permitted to abdicate some of the remaining to State's Attorney Anita Alvarez.
Cook County Circuit Court Judge Paul Biebel, who is presiding over the case, is expected to issue an opinion at a hearing scheduled for April 7.
Advocates for torture victims say Madigan's office, appointed in 2003 to handle the prosecution of all Burge cases, delayed action by routinely opposing hearings into allegations of torture on legal technicalities, arguing that the claims have been raised too late or that the claims are barred by prior court rulings.
While Madigan attempts to delay the process and dodge responsibility, 25 men-who suffered at the hands of former police commander Jon Burge and his henchmen-continue to languish in prison awaiting hearings on their claims of physical abuse. The delays continue despite increasing evidence that torture and abuse was systematic as well as the recent indictment of Burge on charges of perjury and obstruction of justice.
In 2003, the court reassigned the Burge cases to Madigan's office finding that then-State's Attorney Dick Devine's conflict of interest as a former attorney to Jon Burge. According to the court, Devine did not recuse himself early enough, nor screen himself from the Assistant State's Attorneys directly involved in the case. As a result, the court found this conflict of interest tainted Devine's entire staff-which included current Alvarez-and his office was disqualified from handling the Burge investigation.
"Transferring prosecutorial duties back to the State's Attorney's office invites delay and inconsistent decision making," said Locke Bowman Legal Director of the Roderick MacArthur Justice Center. "It's time Madigan stops shirking her responsibility and ensures these victims get their day in court."
Since the removal of the State's Attorney's office from the investigation, progress has been made in redressing the misconduct of Burge and the other rogue detectives, according to the brief filed today. Several Burge victims have been compensated for the time they were wrongly imprisoned or released from prison, and Burge was indicted by U.S. Attorney Patrick Fitzgerald and is awaiting trial.
Attorneys and Human Rights Advocates Oppose AG Madigan Efforts to Offload Burge Cases
Updated (01/28/2009)
(Chicago, IL) As 25 men languish in prison for wrongful convictions resulting from the Jon Burge torture scandal, their attorneys and human rights organizations asked a court to prevent Attorney General Lisa Madigan from fleeing her responsibility as prosecutor assigned to some of those cases.
Madigan has petitioned a Cook County Circuit Court to transfer responsibility for several Burge-related post-conviction matters back to the Cook County State’s Attorney’s office. According to the brief filed to thwart that move, advocates for torture victims say Madigan’s office, appointed in 2003 to handle the prosecution of all Burge cases, delayed action by routinely opposing hearings into allegations of torture on legal technicalities, arguing that the claims have been raised too late or that the claims are barred by prior court rulings.
While Madigan attempts to delay the process and dodge responsibility, 25 men—who suffered at the hands of former police commander Jon Burge and his henchmen—continue to languish in prison awaiting hearings on their claims of physical abuse. The delays continue despite increasing evidence that torture and abuse was systematic as well as the recent indictment of Burge on charges of perjury and obstruction of justice.
In 2003, the court reassigned the Burge cases to Madigan’s office finding that then-State’s Attorney Dick Devine’s conflict of interest as a former attorney to Jon Burge. According to the court, Devine did not recuse himself early enough, nor screen himself from the Assistant State’s Attorneys directly involved in the case. As a result, the court found this conflict of interest tainted Devine’s entire staff—which included current State’s Attorney Anita Alvarez—and his office was disqualified from handling the Burge investigation.
“Transferring prosecutorial duties back to the State’s Attorney’s office invites delay and inconsistent decision making,” said Locke Bowman Legal Director of the Roderick MacArthur Justice Center. “It’s time Madigan stops shirking her responsibility and ensures these victims get their day in court.”
Since the removal of the State’s Attorney’s office from the investigation, progress has been made in redressing the misconduct of Burge and the other rogue detectives, according to the brief filed today. The Special Prosecutors issued a report concluding torture had been perpetrated, several Burge victims have been compensated for the time they were wrongly imprisoned or released from prison, and Burge was indicted by U.S. Attorney Patrick Fitzgerald and is awaiting trial.
Burge Torture Victim Urges Court to Overturn False Confession
Updated (11/25/2008)
(Chicago, IL) Approximately a month after infamous former Chicago Police Commander Jon Burge was charged in connection with the widespread torture of black suspects, one of his victims has asked a Cook County Circuit Court to overturn his 1990 murder conviction because he falsely confessed to the crime after Burge’s underlings beat him.
Attorneys for Cortez Brown, who is currently serving a life-sentence stemming from his wrongful 1990 murder conviction, filed an amended post-conviction petition under seal in Cook County Circuit Court outlining extensive proof that three officers under Burge’s command, including one who still serves on the force, tortured him into fabricating his confession to two murders.
The petition urges the court to vacate the conviction, setting the stage for a new trial for Brown, who has languished in prison for 18 years, 12 of which were spent on Death Row before former Gov. George Ryan commuted the sentence to life.
“We look forward to presenting our evidence in court, which will not only show that Mr. Brown was severely physically and psychologically abused, but that it was part of a larger systemic pattern of beatings and torture by Chicago Police detectives under the command of Jon Burge,” said Locke Bowman, Legal Director of the Roderick MacArthur Justice Center, which represents Brown. “This is a man who has been imprisoned for nearly two decades solely because of a confession that Burge-connected detectives beat from him. It is a travesty of justice that Cortez Brown and more than a score of other men remain imprisoned on the strength of confessions they gave under torture or physical abuse. The Illinois Attorney General has to take immediate action to correct this travesty.”
In 1990, Brown was arrested for the murders of Devin Boelter and Curitis Sims. The petition provides evidence showing that Police Detectives John O’Brien, John Paladino and Tony Maslanka handcuffed Brown to a wall, verbally threatened him and beat him repeatedly with fists and a flashlight until he agreed to submit a bogus confession to the crimes.
At trials for both murders, Brown’s coerced confessions were the principal evidence used to tie him to the alleged crimes. And in both cases, evidence of the larger pattern of atrocities that Burge and his detectives inflicted on other black suspects was not revealed – despite the fact that Chicago Police Office of Professional Standards had found in a 1990 report that Burge had orchestrated a practice of “systematic abuse” of suspects. The report specifically cited misconduct committed by Maslanka.
Brown finished serving the 30 year sentence imposed on him for one of the murders, but seeks release from his sentence for the second.
O’Brien, Paladino and Maslanka had engaged in similar misconduct in a number of other cases, according to the petition. O’Brien is still an active member of the police force, while Paladino and Maslanka are retired and collecting tax-payer funded pensions.
The motion was filed under seal because it refers to testimony in which Chicago Police detectives invoked their Fifth Amendment privilege rather than answer questions about their actions while working for Burge. A federal court order protects such testimony from public view.
