Oct 23, 2008 6:36 pm US/Central
Will Burge Get Federal Help In Court?
CHICAGO (CBS) ―
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Former Chicago Police Cmdr. Jon Burge
CBS
A big court appearance is set for Monday in Chicago. And the big question is, who will be representing former police commander Jon Burge? Until now, the city provided lawyers for him. But next week that will change, CBS 2's Chief Correspondent Jay Levine reports.
Burge, who we spoke with in Florida earlier this week, will be represented on Monday by an attorney hired by the Fraternal Order of Police, the union he has belonged to for nearly 40 years. But the FOP has not yet committed to pay for the whole trial, perhaps forcing Burge to turn to the federal defender's office.
"If he cannot afford an attorney, and attorneys in federal court are expensive, the court will appoint one for him," said federal defender Terry McCarthy, who estimated the potential defense costs could reach millions.
Burge lives on a $3,600-a-month Chicago police pension. He also does freelance security work that pays $3,000 to $4,000 a job, mainly in Las Vegas for a company with ties to Chicago. His principle asset, according to court records, is the home in Florida he bought for $150,000 back in the early 1990s.
Some alderman have demanded Burge be stripped of his pension, but according to state law that can be done only after a felony conviction relating to his service as a policeman. The perjury and obstruction-of-justice charges against Burge relate to something he allegedly did 10 years after he was fired.
"I think it would be appropriate for the pension board to, if he is convicted at that point, move against his pension," Ald. Ike Carothers said. "It seems appropriate because all the actions stem from the same set of actions -- it's all about the torture that went down."
Burge was released on Tuesday, after pledging his Florida home as security for a $250,000 bond. A federal defender represented him there and could again if the FOP's Legal Defense Committee decides not to at a meeting now scheduled for Nov. 4.
"The private lawyer usually has a lot more funds available, they have more time to dedicate to the fewer cases they have, but other than that, it'll be the same," McCarthy said.
Ironically, Burge is still being represented by lawyers provided by the city in one of the remaining torture cases. A spokesman says the city is re-examining its options.
A spokesman for the Pension Board tonight all but guarantees it will move to stop pension payments to Burge if he's convicted but concedes that similar action has been appealed and overturned in the past for crimes committed by former employees.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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