Wednesday, February 04, 2009

Feds Investigate old Allegations that Chicago Police Tortured Murder Suspects

Federal prosecutors continue to investigate decades-old allegations that Chicago police routinely tortured murder suspects, focusing on a half-dozen detectives following the recent indictment of former Cmdr. Jon Burge, the alleged ringleader, sources said.

Subpoenas served on the city show that prosecutors are looking at detectives long linked to Burge and the South Side precincts where he worked mostly during the 1980s. Among them: former Sgt. John Byrne, considered Burge's right-hand man, and former detective Peter Dignan.

It is not surprising that the investigation has widened beyond Burge. Last October, when prosecutors announced Burge's indictment on perjury and obstruction of justice charges, U.S. Atty. Patrick Fitzgerald said the charges "should serve as a warning" to those officers who worked for him and took part in alleged brutality.

"If their lifeline is to hang on a perceived code of silence, they may be hanging on air," said Fitzgerald, cautioning other officers could be hit with similar charges.

Now a clearer picture is emerging of where the investigation is heading. Prosecutors are looking for medical records or testimony by a doctor to corroborate claims of brutality, the sources said, and want to avoid pitting the testimony of a former inmate against that of an officer.

A case in point is Andrew Wilson, who was convicted of killing two police officers after giving a confession that Burge and his men allegedly coerced. Wilson contended he was beaten and shocked and forced to press his chest and abdomen to a hot radiator. He died in prison in 2007.

Last month prosecutors asked a judge to allow them to use Wilson's testimony from previous hearings and civil proceedings at Burge's upcoming trial.

The Chicago Police Board found Burge guilty in 1983 of violating department rules, a determination that ultimately led to his firing a decade later. Wilson's facial injuries and burn marks had been photographed by jail personnel and doctors following his 1982 arrest. The supervising physician at the Cook County Jail, John Raba, even wrote the police superintendent asking for an investigation.

"Dr. Raba and other witnesses who participated in the examination and/or treatment of Wilson have been located and are available to testify at trial," said last month's filing.

Federal authorities have also interviewed Gregory Banks, who says Byrne and Dignan and other detectives placed a plastic bag over his head to force him to confess in 1983 to a murder.

The Illinois Appellate Court ruled that his confession had been obtained through brutality and awarded him a new trial after Banks had spent 7 years in prison.

Banks later won $92,000 from the city after filing a federal civil rights lawsuit.

Lawyer Flint Taylor, who represents Banks as well as other alleged torture victims, said prosecutors have interviewed a number of his clients.

"We've had contact with the U.S. attorney and presented several of our clients for interviews," he said. "It's my sense that they're doing a very aggressive and a thorough investigation with regard to some of Burge's midnight crew."

"We're hopeful there will be indictments brought against them and others," he added.

Dignan could not be reached Tuesday for comment. Byrne, who is a private detective in the south suburbs, said he was not surprised that federal prosecutors would focus on Burge's midnight shift officers.

"They're going to do what they feel is necessary," said Byrne, who indicated he has not been contacted by authorities. "They're going to be looking at everyone who was working then."

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http://www.chicagotribune.com

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