Jon Burge - Abuse-related Decisions

Abuse-related Decisions

In 1998, Bianca Jagger, Anthony Amsterdam, George N. Leighton, Abner Mikva, R. Eugene Pincham and representatives from the MacArthur Justice Center at the University of Chicago Law School, and by the London-based International Center for Criminal Law and Human Rights called for a stay of execution for Aaron Patterson who was allegedly tortured into a confession.

In 1999, lawyers for several death row inmates began to call for a special review of the convictions based on evidence extracted by Burge and his colleagues. These inmates (Aaron Patterson; Madison Hobley; Stanley Howard; Leonard Kidd; Derrick King; Ronald Kitchen; Reginald Mahaffey; Jerry Mahaffey; Andrew Maxwell, and Leroy Orange) became known as the "Death Row 10". In a report called the Goldston Report, the City of Chicago enumerated 50 alleged instances of police brutality and abuse by Burge and other officers. The City of Chicago struggled with the issue of coerced confessions for decades and in the 1990s it quietly reopened several controversial brutality cases. Despite an extensive investigation into the actions by a number of police employees, few others but Burge were sanctioned.

Several politicians, including state representative Bobby Rush, requested that State's Attorney Richard A. Devine seek new trials for the Death Row 10 who were allegedly tortured by Burge. Devine met with representatives and supporters of the inmates and was convinced to request that the Illinois Supreme Court stay proceedings against three of the inmates. However, the Supreme Court denied Devine's request. Rush also sought out Janet Reno to pursue federal intervention.

In February 1999, David Protess, a Northwestern University journalism professor and his students uncovered exonerating evidence on behalf of Death Row inmate Anthony Porter. The students produced four affidavits and a videotaped statement that placed the guilt on another suspect. Recantations of testimony at trial were among the affidavits obtained. One witness claimed that he named Anthony Porter after police officers threatened, harassed and intimidated him into doing so.

In 2000, Governor Ryan halted executions in Illinois after courts found that 13 death row inmates had been wrongfully convicted. Ryan also promised to review the cases of all Illinois death row inmates. With the number of cases of alleged brutality, offers were made to allegedly coerced inmates to drop charges in exchange for reduced sentences. A plea agreement was reached with one convicted victim. Devine made a broader offer to several inmates. Aaron Patterson rejected the plea.

On January 11, 2003, having lost confidence in the state's penal system, outgoing Republican Governor George Ryan commuted the death sentences of 167 prisoners on Illinois’ death row. He decided to grant clemency to all death row inmates by converting death sentences to sentences of life without parole in most cases and reducing some sentences. In addition, Ryan pardoned four death row inmates: Madison Hobley, Aaron Patterson, Leroy Orange and Stanley Howard, who were among the ten who claimed wrongful imprisonment. In the unusual proceeding, the governor took the extraordinary step of a direct pardon release rather than a court proceeding.

Daley, at the time the Cook County State's Attorney, has been accused by the Illinois General Assembly of failing to act on information he possessed on the conduct of Burge and others. Daley has acknowledged his responsibility to be proactive in stopping the torture, but denies any knowledge which could have made him responsible. On July 19, 2006, US Congressman Jesse Jackson Jr. issued a press release calling Mayor Daley culpable, possibly even criminally culpable, for his failure to prosecute until the statute of limitations had run out. Jackson called for an investigation to determine if there was any planned delay to allow the cases to expire. Eventually, death penalty opponents requested that U.S. President Bill Clinton follow Ryan's lead in halting executions. In August 2000, The Illinois Supreme Court reversed or remanded two Burge-related death row cases based on allegations of torture by police.

After being pardoned by Governor Ryan, Burge's victims began to file lawsuits. Madison Hobley was the first of the four pardoned inmates to file suit in May 2003. Aaron Patterson followed in June with his own suit, and Stanley Howard filed suit in November. Eventually, the City of Chicago agreed to a $20 million settlement with the four pardoned inmates. Another result of the pardons was a series of legislative death penalty reforms that Ryan's successor Rod Blagojevich vetoed. By 2005, the state mandated video recording of interrogations in homicide cases. Barack Obama had pushed the mandated video recording bill through the Illinois State Senate in 2003.