Paying for Chicago's sins

By Ashahed M. Muhammad -Assistant Editor- | Last updated: May 12, 2015 - 8:31:28 AM

‘Historic $5.5 million police torture reparations package for victims could pave the way for victims of brutality and torture across the country.’

Atty. G. Flint Taylor (left) of the Peoples Law Office and torture survivors Gregory Banks (center) and Anthony Holmes. Photo: Ashahed M. Muhammad

CHICAGO (FinalCall.com) - A $5.5 million reparations package, approved unanimously by the Chicago City Council May 6, could set a precedent for legal activists and victims of police brutality across the country.

The Reparations for the Chicago Police Torture Survivors Ordinance was originally drafted as a move to obtain justice for the approximately 120 Black men and women subjected to torture, which included electric shock to the genitals, mock executions, suffocation, and brutal beatings directed by the notorious former Chicago Police Commander Jon Burge and carried out by his henchmen from 1972 through 1991.

Men identifi ed as victims of police torture under the command of retired Chicago Police Commander Jon Burge, stand to be recognized by the Chicago City Council, May 6, in Chicago. Photos: AP/Wide World photos

Because many torture victims had long criminal histories, were suspected gang members, and usually came from economically depressed and politically weak areas of the city, they were targeted by police, and for decades, their claims of torture were not believed, nor were they addressed, which made approval of the sweeping reparations package so significant.

Alderman Joe Moreno of the 1st Ward rose to his feet at the May 6 council meeting speaking of “systemic torture” occurring under Burge. He read a list of torture survivors and those present in the council’s chambers stood when he called their names. Mayor Rahm Emanuel, a majority of the city council members, as well as those in the media gallery stood and applauded the victims.

“Unfortunately, we will not ever close the Burge chapter, but we’ve come a long way,” said Ald. Moreno. “This happened not in Iraq, not in Syria, but right here in Chicago,” he added.

An Oct. 21, 2008 file photo shows former Chicago Police Department commander Jon Burge outside the Federal Courthouse after he was released from custody in Tampa, Fla. On Dec. 2, 2008, the union representing Chicago’s police officers voted to provide funds for Jon Burge’s defense. Burge was charged in October with lying under oath on written questions in a civil lawsuit when he denied knowing about or taking part in the torture of suspects in the 1970s and 1980s.

Howard Brookins, Alderman of the 21st Ward and Chairman of the City Council Black Caucus, was instrumental in bringing justice to torture victims, and filed the ordinance along with Ald. Moreno.

“While the Burge era may have ended years ago, today we finally and fully address the ramifications of his terrible actions,” said Alderman Brookins.

Mayor Emanuel said the unanimous approval of the reparations package shows “Chicago will finally confront its past” and work to right the wrongs of history in terms of police torture in Chicago.

“This is another step, but an essential step, in righting a wrong, removing a stain on the reputation of this great city and the people who make up this great city,” said Mayor Emanuel. “Jon Burge’s actions are a disgrace to Chicago, to the hard-working men and women of the police department, and most importantly to those he was sworn to protect.”

G. Flint Taylor, of the People’s Law Office has represented many of Chicago police torture survivors over the decades.

“People are seeing what has always been the case unfortunately and that is racist police violence, whether it is police assassination of Fred Hampton and Mark Clark and Black Panthers or whether it’s police torture over 20 years in Chicago, or now it is shooting down in cold blood young African-American men, this is something that has always gone on but now we have videotape and we have in fact shown—or the people’s movement has shown—that what people have always said was happening with police is and was happening,” said Atty. Taylor.

Atty. Joey Mogul of the People’s Law Office speaks at a reception following approval of an historic $5.5 million reparations package resulting from torture under infamous Chicago Police Commander Jon Burge. Photo: Ashahed Muhammad

Ernest Coverson, Midwest Regional Field Organizer for Amnesty International USA believes the reparations ruling is major because there has been a strong emphasis on human rights abuses internationally, while many of the same abuses are taking place in the U.S.

“This is historic,” said Mr. Coverson. “The only city in America that has given reparations and passed a reparations ordinance, and given an official apology for the violence that the police have done to citizens.”

Atty. Joey Mogul a partner at the People’s Law Office, also a member of the Chicago Torture Justice Memorials could barely contain her happiness, delivering hugs to members of organizations who have fought along her side for justice.

“We know that torture by law enforcement officials—racist torture didn’t begin with Burge and it didn’t end with Burge,” said Atty. Mogul. “There are people who are still tortured to this day; there are still torture survivors who are still behind bars whether it was under Burge’s regime or not. They are all entitled to get evidentiary hearings so that they can present evidence to support their torture allegations in hopes that they get new trials,” she added.

Atty. Mogul said to a degree, many in the media and in the political realm had a role in creating the monster that Mr. Burge became. Mr. Burge got results, so many politicians turned a blind eye to the claims of abuse for decades. According to court records, detectives under his direction were known as “Burge’s ass-kickers” and “The Midnight Crew.”

“I think the Burge torture cases are a story of how the media in fact helped promote Burge along with Chicago political leaders,” Atty. Mogul told The Final Call. “Because he was torturing people and getting confessions he was closing cases and getting convictions, so he had this meteoric rise in the Chicago Police Department and he was beloved by the media. For years he was able to get away with his crimes and to get away with this racist violence because political leaders and the media were allowing him to do so,” she added.

Recently Mr. Burge criticized the decision to give reparations to the torture victims whom he referred to as “vermin.” Atty. Mogul sees Mr. Burge as a pitiful figure.

“I think it’s truly sad,” said Atty. Mogul. “He has certainly had the opportunity to reflect on his actions to take responsibility, to apologize and he’s refused to do so. Instead he continues to spew hate, to spew racist language and refuses to take responsibility.”

The previous Chicago Mayor, Richard M. Daley—who served as state’s attorney during large portions of Mr. Burge’s reign of terror—refused to deal forthrightly with the issue of police torture, and Attys. Taylor and Mogul were highly critical of his failure to do so. Mayor Emanuel’s decision to move the process forward in a major way, should be commended, Atty. Taylor noted.

Victims Speak

The reparations agreement includes a formal apology from the Chicago City Council, the establishment of a permanent memorial as a tribute recognizing victims of torture, and information about the torture by Mr. Burge and his henchmen integrated into curricula for Chicago Public School history classes. City Colleges of Chicago tuition and job training will be provided free to Mr. Burge’s torture victims, their immediate families, and grandchildren. A victim with a credible claim could receive up to $100,000.

While the money definitely helps, some things can’t be recovered, and no one can turn back the hands of time to give the men back those years in prison for crimes they did not committ.

Clearly overcome with emotion at the time of the announcement in the city council meeting, Gregory Banks—who was tortured by Chicago police at the age of 20—began sobbing and wailing, as friends and family comforted him. In 1983, Mr. Banks confessed to a murder he did not commit after being brutally beaten while handcuffed, suffocated, and having a gun placed in his mouth by Chicago police officers during an interrogation at Area 2 Chicago police headquarters. He served seven years in prison until a court threw out the conviction ruling his confession was coerced. Mr. Banks, now 51, has battled addiction himself, however now, he is a substance abuse counselor.

“It’s been a long struggle,” said Mr. Banks. “My only thing is that it just took too long. The thing is that every time that I talk about this, it’s not just that I’m grieving for me, I’m grieving for brothers that are still incarcerated and that hurts,” Mr. Banks added.

Many torture victims have described the continued physical suffering and mental anguish resulting from what they experienced in the past. They live in constant fear of retaliation from members of the Chicago Police Department. Lindsey Smith, now 59, was 17 years old when he, according to Atty. Taylor, became one of the first victims of Burge’s reign of terror. Mr. Burge had only been on the job for a few short weeks, Taylor noted.

“I suffered beatings, stomping, dragging, banging your head on the walls, you name it, it happened,” said Mr. Smith. “This went on for at least twelve to fourteen hours,” he added.

Mr. Smith was acquitted of a murder in 1971, which made him a focus of law enforcement. He was a member of the Disciples street organization, and police couldn’t get the convictions they wanted, so they began to arrest all the top leaders of street organizations in 1972, 1973 and 1974 trying to get something on them to put them away in prison for a long time, he said.

“They pulled all the heads off the streets—guilty or not—you were locked up for a tremendous amount of time, and even killed. They were finding brothers all over, in alleys,” he said.

Mr. Smith believes many deaths attributed to gang warfare on the South Side of Chicago during those years could have actually been caused by brutal beatings suffered at the hands of corrupt officers. Many activists believe it is possible this still happens in cities across America, especially in areas where investigations into the deaths of young Black men remain unsolved.

Mr. Smith lives out of state and would not disclose where he actually resides. When he comes to Chicago, he told The Final Call, it is only for a brief stay because he still feels like Burge’s henchmen that are still around might want to “make some kind of retaliatory move.”

“I might come and visit but I’m not here overnight,” said Mr. Smith.

Darrell Cannon spent over two decades behind bars for a murder he did not commit. He vividly remembers the night of November 2, 1983, when he was taken to a dark remote location and a shotgun was forced into his mouth splitting his lip. After being mercilessly beaten, the officers conducted a mock execution and later used an electric cattle prod to shock his genitals. They were successful in forcing him to confess to murder and as a result, he was given a sentence of natural life in prison. He served 24 years, nine of them in Tamms Supermax prison with no external contact, which Amnesty International referred to as an “inhumane prison regime.” During that time, his mother, grandmother and several other family members died. After decades in jail, evidence of torture involving his case became known. He was brought back to court and all previous charges were dropped resulting in his release on April 30, 2007. Tamms Supermax prison was closed in 2012.

Now in his 60s, he was all smiles as he walked out of City Hall holding his wife’s hand, and although he’s happy about the reparations package being approved, more still needs to be done because there are many still languishing in prison who are in need of new trials. He will continue to speak and fight on their behalf, he said.

“I feel like it is my mission to speak on behalf of all those who are still in prison who haven’t been allowed to speak for themselves,” said Mr. Cannon. “We’re not asking for anything outrageous like open all the prison doors and let everybody out. We’re saying bring these men back, bring them before a fair and impartial judge, let them present their evidence and if the evidence shows that they were tortured grant them men new trials,” said Mr. Cannon.

He said “bringing crime under control” is always used by politicians and police officers to justify brutality, but it is up to the people to stand up and reject heavy-handed law enforcement actions.

“The Black community has been targeted for far too long. If it ain’t the Ku Klux Klan, it is the new wave Ku Klux Klan that’s carrying badges. So now at some point in time, we have to say enough is enough! We’re not going to tolerate this anymore; we’re not turning a blind eye; we’re not giving you carte blanche!”

He and many others also want to see Mr. Burge’s $3,000 a month taxpayer-funded pension stripped.

“Ain’t no way on God’s green earth that he’s supposed to still be getting a pension. He has been convicted, put in a penitentiary for lying and you’re still rewarding him with his pension? That’s crazy,” said Mr. Cannon.

The city of Chicago has paid out over $20 million in settlements related to this reign of terror and according to Atty. Taylor, city, county, state and federal taxpayers have already paid more than $100 million during decades of investigating Mr. Burge and the misdeeds of those under his command.

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