Oct 22, 2008 6:41 pm US/Central
Prosecutors Want Others To Speak Up In Burge Case
Other Detectives Are Warned They Could Face Jail If They Lied About Torture
CHICAGO (CBS) ―
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Former Chicago Police Cmdr. Jon Burge
CBS
New charges could be filed any day now against former Chicago Police Commander Jon Burge. Authorities arrested him Tuesday in Florida. As CBS 2's Mike Parker reports the federal legal net may soon widen to drag in other former Chicago detectives.
Former Chicago Police Cmdr. Jon Burge has been charged with lying about participating in the torture of criminal suspects, and federal prosecutors now hope others will come forward.
It was long believed Burge could not be because of the statute of limitations. But the FBI arrested Burge, 60, on Tuesday morning at his Apollo Beach, Fla., home on federal charges stemming from his conduct at the Chicago Police Department. He has been charged with obstruction of justice and perjury.
The arrest capped a long-running controversy over allegations that torture was used against suspects at Burge's Calumet Area violent crimes headquarters during the 1970s and 80s. He has been accused of torturing suspects by using cattle prods, bags over their heads and a "black box" that administered electric shocks.
As CBS 2's Joanie Lum reports, the U.S. Attorney's message Wednesday was that if anyone lied in federal proceedings in the last five years, they, too, could face criminal charges and end up having to face a judge at the Dirksen Federal Building.
The alleged victims say Burge tortured them until they confessed to crimes they did not commit, which in some cases led to their conviction and landed them on death row. The former defendants now want others to face justice like Burge.
"I request you guys do one thing. I request that you continue to look into the other police officers that continue to be on the state rolls; that still are on the county rolls," said torture victim David Bates.
But U.S. Attorney Patrick Fitzgerald said Burge lied about torture, and detectives who served under Burge should now step up and tell the truth.
"That's what the U.S. Attorney wants," said CBS 2 Legal Analyst Irv Miller. "They want them to start marching in and say, 'Hey, I was there, I did it, I saw it,' and try to get the best deal that they can for themselves."
"I grew up with Jon Burge. I've known him my whole life. We played football together," said former CPD Sgt. John Byrne.
And when Burge ran the so called "midnight crew" out of police Area 2, John "Jack" Byrne was working alongside him.
Legal observers believe U.S. Attorney Patrick Fitzgerald is focusing on Byrne and several other officers as the perjury investigation continues.
Byrne has been questioned under oath more than once about the case of Darryl Cannon. He has denied Cannon's claim that Byrne and another officer beat him, used a cattle prod on his testicles, and placed a shotgun in his mouth.
"I never tortured anybody in my life," Byrne said.
An attorney for three men who claim to be torture victims believes the walls, already closed on Burge, are now closing in on Byrne and the others.
"What's going to be very interesting about these men, his cronies, is that they're the ones who are on the police reports," said attorney Tamara Holder. "They're the ones who have their names and signatures on police reports of victims."
The U.S. attorney is no doubt hoping that cops who were there with Burge will start talking.
"These detectives are looking at this case and saying, 'hey I'm facing a possible felony conviction and I'm facing losing my pension for the rest of my life," Miller said. "And that's a tough decision to make."
John Byrne is no longer on the force. After his retirement, he became a criminal defense attorney.
Other police detectives who worked with Burge in the 1970s and 80s are now retired, but if any of them are charged, they could lose their city pensions and go to jail. Prosecutors hope that threat will be enough for more witnesses to come forward.
Meanwhile, the Fraternal Order of Police reacted Wednesday to the Burge indictment. FOP Chief Mark Donohue told CBS 2 that the case was brought, in his words, because of "political pressure."
CBS 2's Mike Park, Joanie Lum, the Associated Press and the STNG Wire contributed to this report.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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