Federal Judge: Daley fair game for Torture lawsuits

TILLMAN SUIT COULD PAVE WAY FOR OTHERS

For the first time, a federal judge is allowing former Chicago Mayor Richard M. Daley to remain part of a lawsuit that would tie him to what has since been dubbed “a pattern of abuse” at the hands of Chicago Police officers under former Chicago Police Cmdr. Jon Burge.

Daley is being accused of conspiracy to suppress information about the abuse, much of which took place during his tenure as a “tough on crime” state’s attorney, from 1980 to 1989.

His deposition, which his lawyers are challenging, has been set for Sept. 8.

Although the former mayor was questioned under oath during a 2006 investigation into the Chicago’s now notorious police torture scandal, this would be the first time he is deposed and questioned about his involvement in the cover-up. It would also be the first time for Daley to face attorney Flint Taylor, a leading figure in the ongoing effort to win new trials for Chicago police torture victims and bring the guilty parties to justice.

Burge now sits in federal prison under charges stemming from the abuse, which targeted black and Latino men on Chicago’s South Side.

The landmark July 20 ruling came as part of a complaint brought by Michael Tillman. Tillman was released from prison in January 2010 after spending 23 years in prison for a rape and murder. He was issued a certificate of innocence from the Circuit Court of Cook County the following month.

In 1986, Michael Tillman was arrested in connection with the rape and murder of Betty Howard, a tenant in an apartment building he was working in. He underwent a marathon three-day interrogation administered by Burge’s now infamous “Midnight Crew” at Area 2 Police Headquarters, during which time he was suffocated, beaten and was subjected to a crude form of waterboarding and a mock execution. Eventually, he capitulated and confessed to the crime, which he soon after maintained he did not commit.

As state’s attorney, Daley would have been responsible for bringing official charges against the abusive officers. But Tillman’s lawsuit claims that although he had personal knowledge of the abuse, he deliberately chose to look the other way.

According to research done by the People’s Law Office, which filed Tillman’s complaint and helped earn him his freedom last year, 55 allegations of torture were lodged against Burge and his “Midnight Crew during Daley’s 9-year tenure, which lasted from 1980 to 1989.

The Tillman complaint claims that Daley “conspired to suppress evidence of police torture” that “would have been exculpatory” and that he “refused and failed to investigate a pattern of torture carried out at Area 2 prior to Plaintiff’s arrest,” thereby enabling Tillman’s torture and wrongful conviction.

“Plaintiff’s wrongful prosecution was continued, his exoneration was delayed and his imprisonment lasted far longer than it otherwise would have,” the complaint alleges.

During the 23 years Michael Tillman spent behind bars, he lost touch with his two children, now young adults. He has since reunited with them.

The Burge cases have already cost the city more than $40 million in settlements and legal fees–this in spite of the fact that only 12 of Burge’s approximately 100 alleged victims have been pardoned or given new trials.

There are related six civil lawsuits still pending against Burge and the city of Chicago.

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