Last week former Chicago Police Commander Jon Burge was in the news again, narrowly avoiding testifying in the case of a convicted murderer who says Burge’s underlings tortured him. Burge allegedly performed and oversaw the torture of dozens of individuals in Chicago police custody during the 1980’s and was arrested by U.S. Attorney Patrick Fitzgerald last October for obstruction of justice and perjury. What’s all this cost the city of Chicago in settlements?
About $20 million, so far, to four of the more than 100 men who claim they were tortured.
Chicago Alderman approved settlements totaling $19.8 million in January of 2008 to four men who claimed they were tortured by Burge or his officers: Aaron Paterson received $5 million for being convicted of murder by a confession allegedly obtained by torture, Stanley Howard received $800,000 in restitution and another $1 million for attorney fees, Leroy Orange was paid $5.5 million for his 19 years in prison, and Madison Hobley received $1 million up front then another $6.5 million after being acquitted of his arson charge.
With this gesture, Mayor Daley and the City Council hoped to close a “tragic chapter” in Chicago’s history. And they did, as far as the Mayor is concerned. The $19.8 million settlement came with some strings attached: the plaintiffs would not name Mayor Richard Daley as a defendant in a civil rights, obstruction of justice, and racketeering conspiracy case; they wouldn’t pursue Daley’s deposition; they wouldn’t criticize Daley in any public statements made in connection with the settlement; and the above terms would remain secret and would not be put in the written agreement.
But this money has only been paid out to 5 of the dozens of alleged torture victims. The statute of limitations has expired on the most gruesome of Burge’s alleged crimes, making it increasingly unlikely that the remaining accusers will have their day in court.
Because Burge was never convicted, or even formally charged, in a criminal torture case, these alleged victims face what the Chicago Defender describes as an uphill legal battle in seeking their share of compensation from a civil suit. Attorney General Lisa Madigan’s office took on 25 cases of alleged torture in 2003. Since then, over 11 have been resolved. Most alleged torture cases have resulted in pardons.
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