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Alleged Police Torture Cannot Be Prosecuted

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Alleged Police Torture Cannot Be Prosecuted

Report Released Wednesday Alleged Abuse Of 192 Men

CBS 2's Derrick Blakley also contributed to this report.
CHICAGO (CBS) ― A report released Wednesday says there is evidence that Chicago Police mistreated suspects under former Cmdr. Jon Burge, but the crimes are too old to prosecute.

Special prosecutors Robert D. Boyle and Edward J. Egan released their long-awaited report on allegations that Chicago homicide detectives in the 1970s and 1980s tortured African-American men in interrogation rooms.

The report took four years and $6 million to be completed.

Cook County Criminal Court Chief Judge Paul Biebel appointed Boyle and Egan four years ago to investigate allegations that Chicago police homicide detectives in the 1970s and 1980s tortured 192 African-American men in interrogation rooms.

Last month, the Illinois Supreme Court denied a request to block portions of the report. That was the last major legal roadblock for the release.

"It should be very clear to you that we as an office have made the judgment that in Area 2 and Area 3, starting in the mid-70s and going into the very early 90s that there was physical violence on parties in custody who were being questioned," Boyle said.

However, Boyle added, "clearly, the statute of limitations as to any offenses that may have arisen as a result of this violence or any conduct thereafter have all long since passed."

In a 300-page report, special prosecutors concluded that former police commander Jon Burge did torture, but can't be charged. Says the report: "The statue of limitations would bar any prosecution of any offences our investigation has disclosed."

Jon Burge could still face possible prosecution from federal officials on charges of conspiracy to obstruct of justice. A spokesman for the U.S. Attorney only says his office has received the report and will study it. Burge, who now lives in Florida, has not discussed the issues.

In three cases, the prosecutors say there was enough evidence to charge Burge and others with crimes, but the statute of limitations prevents prosecuting them now.

Outraged lawyers for some of the alleged victims want U.S. Attorney Patrick Fitzgerald to bring federal civil rights and conspiracy charges, but CBS 2's legal analyst says there are federal statutes of limitations.

"These are events that happened decades ago and the law doesn't allow this dragging out of criminal prosecutions," CBS 2 Legal Analyst Irv Miller said.

Boyle said procedures have now been established so that torture like that allegedly used by Burge and those in his command cannot happen again.

"Anybody who thinks its necessary to solve crimes by torturing people to get a conviction is a disgrace," Boyle said. "We only wish we could indict in these three cases."

In all, 146 African American men accused Burge and his subordinates of torture with beatings, cattle prods and the infamous black box to electrically shock genitals, ears, and lips.

"A plastic bag was placed over my head. I was beaten for two days," alleged torture victim David Bates said at a hearing in the case last May.

Another alleged torture victim, exonerated Death Row inmate Madison Hobley, said in July 2004, "I actually couldn't believe these police officers were doing this to me…. It was obviously a systematic thing they were doing and they finally got caught."

Burge was fired for abuse in 2001 and retired to a Florida home, but was never prosecuted. The report primarily blames former police Supt. Richard Brzeczek.

"We believe he failed to live up to his sworn duty," Boyle said.

Burge was first accused of torture by cop killer Andrew Wilson in 1982. Wilson was so badly beaten after capture he was sent to the jail hospital instead of a cell.

Wilson won a civil case against the city in the alleged torture allegations, which led to Burge's termination in 1993.

Brzeczek wrote to then-State's Attorney Richard Daley to ask for advice, saying he wouldn't go further "until I hear from you." He never did.

Prosecutors faulted Brzeczek for not acting against Burge, but largely gave the Daley office a pass.

"If Brzeczek had done his duty to investigate Wilson, we wouldn't be here today," Egan said.

Boyle added that there was "a bit of a slide" in the Cook County state's attorney's office in Wilson case.

But Brzeczek says he's being made a political scapegoat to distract from Daley's failure to prosecute.

"You're gonna tell me that this report was on the legit? I could have written this report four years ago because I knew exactly what was going to come out of it," he said.

Brzeczek notes that his tour as superintendent ended in 1983, but the report doesn't criticize any of his successors or their deputies for failing to rein in Burge.

Attorneys for some of the suspects have been critical of Daley, with Flint Taylor, an attorney for The People's Law Office saying that Daley was aware of the torture and has done nothing about it.

Congressman Jesse Jackson Jr. says the report show that "Mayor Daley, then-state's attorney, knew the terrible truth but did nothing."

Jackson says Daley "should be held accountable, if not by law, then certainly politically."

Daley's office has countered that they want the report released, and have, according to the city's law department, filed a motion for the release of the report.

City Corporation Counsel Mara Georges released a statement about the release of the report:

"The City fully cooperated with this investigation regarding allegations of torture at Area 2 and has strongly supported the public release of this report. The Mayor has publicly called for its release for many months and on May 12th the City filed a motion with the court in support of the release of the report," the statement said.

"The investigative report is lengthy and comprehensive and reflects the hard work of the special prosecutor and his staff," the statement continued. "We are in the process of thoroughly reviewing it, and will not comment on the report until our review is completed."

Chicago Police Superintendent Phil Cline says it shocks him that officers he knew personally have been named in a report on allegations of police torture.

Cline says that report doesn't reflect today's Chicago Police Department. He says a new system videotapes all police interrogations of murder suspects and prevents the type of abuse detailed in the report.

"I think the fact that they said today that this couldn't happen today speaks volumes about the Chicago Police Department," Cline said.

Cline adds that he never knew the officers he was acquainted with to be involved in any brutal behavior.

Meanwhile, several alleged victims have filed civil lawsuits and the allegations have drawn attention from human rights groups. In May of this year, a United Nations anti-torture panel said the Chicago investigation needs to go further than it has and that the United States should ensure that law enforcement officials who mistreat suspects are punished.

(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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