May 4 TEXAS: A 4-year-old girl found stabbed to death behind her Bay City home Friday has been identified as SanJuanita S. Gaona. The child's uncle, 20-year-old Francisco Castellano, remains in the Bay City jail. He is being held without bail on a charge of capital murder. Under state law, anyone accused of killing a child under 6 years old is charged with capital murder, which can bring the death penalty upon conviction, Bay City Police Capt. Jim Jumonville said. He said the child was stabbed twice, once in the chest and once in the throat. She also suffered head trauma, said Precinct 4 Justice of the Peace Aaron Green, who performed the inquest. Her body was sent to the Galveston County Medical Examiners Office for an autopsy, Green said, but preliminary results were not yet available. (source: Victoria Advocate) PENNSYLANIA: Abraham again is relying on toughness District Attorney Lynne M. Abraham wants you to know that she stands, personally, between the citizens of Philadelphia and mayhem on the streets. "Trust me when I tell you. We're on the case," Abraham said recently at a meeting of the Wissinoming Civic Association in a church basement. As she seeks reelection to a 4th full term, Abraham, 64, already is the longest-serving district attorney in 80 years. She is running amid an upsurge in gun-related homicides, facing criticism that her office cannot seem to improve the rate of dismissal of felony arrests. Abraham's opponent in the May 17 Democratic primary, former assistant prosecutor Seth Williams, blames her management for cases that fell through the cracks and says she is not aggressive enough in fighting gun traffickers. But the woman who embraces the "tough cookie" sobriquet bestowed on her three decades ago by Mayor Frank L. Rizzo - she still passes out chocolate chip cookies at campaign appearances - is having none of it. "You can take all of those numbers and stick them in your ear," Abraham said in an interview last week. "They don't mean a thing. I don't care a fig about statistics. They only come up in elections." More than half of all felony arrests in the city have been dismissed or withdrawn in court over the last three years, according to figures from the Administrative Office of the Courts. Williams argues that the failure rate is so high because prosecutors are assigned on an ad-hoc basis. He wants prosecutors grouped along neighborhood lines so the same people handle a single case from start to finish. But figures about dismissal are misleading, Abraham said, because they do not reflect the dynamics of court: witnesses who recant, prosecutions withdrawn after further investigation clears a defendant, gun cases dismissed because they are transferred to federal court, or cases downgraded to misdemeanors. The last, for instance, counts as a felony dismissal but hardly means a criminal goes unpunished, Abraham argued. "If you want to get technical about it, that means about 75 to 80 % of our cases get held for further court action," she said. The only "scorecard" that matters is when crime victims or their families thank prosecutors for a job well done, Abraham said. "You can make numbers say whatever you want them to say," she said. Abraham has the support of the city's Democratic Party and its ward leaders, more than 3 times the money Williams has, and a loyal following built over years of attending dozens of community events each week, as well as $750,000 worth of help for neighborhood causes through her charitable foundation, UrbanGenesis. "I've got the record. I've got the vision," Abraham said. "When I'm in a neighborhood in the campaign, it's the 50th, 60th, sometimes the 100th time I've been there," she said. "That's why I know I'm going to win." Abraham is blunt, aggressive, and reluctant to publicly admit doubt about anything. She became nationally famous as "America's deadliest D.A." in the 1990s for her willingness to seek the death penalty. "She's one of the brightest people I've ever encountered in my whole life. She's deadly smart," said Dick Carroll, a former homicide prosecutor in Abraham's office. "But she'll tell you flat out, 'I'm in the business of trying people and putting them away.' She's not running a social-service agency." At the Wissinoming meeting, residents peppered Abraham with questions about shootings in the city. She wondered aloud why American society worships guns and criticized a rural-dominated state legislature that has refused to restrict gun sales and - a favorite target - judges who she says coddle criminals. She ripped a judge's decision to downgrade charges from first-degree to second-degree felony assault against a man who shot up a Roosevelt Boulevard restaurant, ensuring that the defendant could not be given an additional, mandatory 5-year sentence for using a gun in the commission of a crime. "Judges are misguided. I don't know what they're doing," said Abraham, herself a former Common Pleas Court judge. "Straight down the middle, we'll win... but I don't want a judge feeling sorry for somebody that his mother didn't love him." Sometimes such blunt talk gets Abraham into trouble. In the fall of 2002, the city's Common Pleas Court judges voted to pursue a misconduct complaint against Abraham for her blistering of judges, particularly Lisa Rau, who she said was biased against police officers' testimony. Many judges said Abraham was using the pulpit of her office to intimidate jurists. A detente was worked out after a summit between her and the judges, with both sides agreeing not to discuss the meeting. Abraham inspired a primary challenge four years ago, largely because she opposed the 1997 nomination of Common Pleas Court Judge Frederica A. Massiah-Jackson to the federal bench. Abraham's opposition - she said the judge was soft on criminals - doomed the nomination in the U.S. Senate, and Massiah-Jackson withdrew. In 2001, African American leaders recruited a primary challenger who ran a campaign accusing Abraham of racism. She still won handily. If she is known for her hard edge, Abraham also has bags of Christmas toys already piled in a conference room for distribution to needy children, has decorated the 10th floor of the prosecutor's office with art and fine furniture at her own expense, and dotes on two office cats, Miss Demeanor and Amicus Curiae. This time, the political challenge is policy-oriented rather than personal. Williams has scored some coups, including the endorsement of the Fraternal Order of Police. "To be honest with you, we don't see where the quality of life has gotten better over the last 15 years," said Bobby Eddis, president of the union. "Lynne Abraham is a good woman, but there needs to be a change from time to time. Let's have a new look." Abraham argues that she is an innovator, pointing out that she started an early form of community-based prosecution of drug cases in 1994. She also helped establish a dedicated court to handle illegal gun possession cases, with strict supervision and counseling for defendants. She said she wants four more years to work on implementing and funding the rest of the Blueprint for a Safer Philadelphia, developed with state legislators. Among the unmet goals: legislation to increase the penalties for firearms possession by violent criminals, and a reorganization of criminal courts to assign cases by police division. Abraham said she considers Williams' challenge a kind of betrayal, calling him "an empty suit" and a "souffle: all air and no substance." Unlike many of her predecessors - Arlen Specter is a U.S. senator, Ed Rendell became mayor and then governor - Abraham says she is not going anywhere. "I view this position as a mission for me," Abraham said. "It's... a calling." Lynne M. Abraham Job: Philadelphia district attorney Age: 64 Residence: Society Hill Party: Democrat Education: B.A., Temple University, 1962; J.D. Temple University, 1965. Germantown High School, 1958. Experience: District Attorney, 1991-present; Common Pleas Court judge, criminal cases, 1980-91; Municipal Court judge, 1976-80; research assistant, court administrator of Philadelphia, 1974-77; legislative consultant, Philadelphia City Council, 1974-76; executive director city Redevelopment Authority, 1972-73; assistant district attorney, 1967-72, 1973-74; staff lawyer, regional office U.S. Department of Housing and Urban Development, 1965-67. Personal: Married to Frank Ford, a former radio talk-show host. (source: Philadelphia Inquirer) ARKANSAS: In Depth: Damien Echols It is one of the most notorious crimes in Arkansas history. 12 years ago this week -- the West Memphis murders captured the attention of Arkansas -- and the entire nation. 2 years ago -- on the 10th anniversary of the crime -- KARK re-visited the case in a series of special reports. The response was overwelming. Since then -- I have continued to follow the case.. An interest -- that led to an exclusive interview with Damien Echols. Death row inmate Damien Echols. The so-called "ring leader" of the West Memphis 3. For 12 years -- he has maintained his innocence. "I want you to take me back to West Memphis in 1993.." A high school drop-out -- Echols was living with his pregnant girlfriend at the time. His life going no where. " Were you different than most people in West Memphis?" (echols) "I think at that time, yeah I probably was a lot different than most people in West Memphis, just because of the music I listened to and the way I dressed." He wore black. Listened to heavy metal music. and kept to himself. No one really bothered him. Until May 5th, 1993. The day 3 little boys were last seen alive. The day most in West Memphis will never forget. The day -- that changed so many people forever -- including Damien Echols. The 8 year old victims: Christopher Byers, Michael Moore, Stevie Branch.. were found the next day.. in a drainage ditch behind their sub-division. The crime -- so brutal -- it sent shockwaves throughout the small community. "The thing that everyone was talking about. everywhere you went it`s what everyone was talking about. No one really had an interest in anything else." Rumors erupted.. and spread. Many believed -- it had to be the work of the devil. Police began looking for the killer. Echols became the main suspect. "For me, it became a time of pretty much complete and utter harrassment. There was not a day that went by after that that the police did not show up at my house for one reason or another and just kept asking me the same questions over and over." A month later... A confession by Jessie Misskelley. implicating himself -- Echols -- and a third teenager -- Jason Baldwin. They were arrested. Convicted. And sent to prison. Echols got the death penalty. The theory -- the 3 teens killed the 3 little boys in a satanic ritual. Prosecutors and detectives stand by the theory to this day. "My personal opinion, i think these three individuals are child killers." Yet little evidence exists in the case. And many people believe police "coerced" the confession from Misskelley. A confession he later recanted. He also refused to testify against Baldwin and Echols -- at their separate trial. And even though the confession was not used in "their" trial -- defense attorneys now argue -- it was a key factor in the conviction. It`s now the foundation for this. The latest appeal filed by attorneys representing Damien Echols. In it -- they allege "jury misconduct" -- based on new information recently uncovered by defense attorneys. Despite instructions from the judge to ignore any outside information about the Misskelley confession.. The defense says -- it has proof the jury did so anyway.. And argues that Arkansas state law prohibits a jury from considering information or evidence not admitted at trial.. despite the fact it was common knowledge at the time. We traveled to Jonesboro to talk to the jury foreman about these new allegations of misconduct. "The jury foreman declined an on-camera interview. But off-camera, he told me he is misquoted in the appeal and the attorneys who sought the information in the first place had their own agenda." An agenda to free Damien Echols. The Arkansas Supreme Court denied this appeal.. but it was recently filed in Federal Court. And Echols says he continues to hold out hope. Regardless.. many people remember him as an arrogant teenager -- a so-called "satanic cult member" and "devil worshipper." "You were portrayed as this devil worshipping child killer." (echols) "Right. (reporter) "Did you kill those 3 little boys?" Of course police and family members of the victims are convinced that Echols committed these crimes. KARK 4 News tried to contact the prosecutor`s office to comment on Echols interview...but they did not return our calls. (source: KARK 4 News) NEW JERSEY: Fix it or scrap it In the 23 years since New Jersey's death penalty was reinstituted, no one has been executed. But the taxpayers have paid. Dearly. The cost of death penalty appeals is 4 to 6 times that of keeping murderers behind bars for life. Unless it can be fixed, the death penalty should be permanently put to rest. The back-and-forth appeals in the nearly 20 years since former Toms River insurance salesman Robert O. Marshall was convicted and sentenced for hiring hit men to kill his wife should serve as a catalyst for the Legislature to demand a review of the law. Last week, a panel of three federal judges scheduled a hearing for later this month to hear the latest appeal - that of the state Attorney General's Office, appealing the April 8, 2004, decision by a U.S. District Court judge to overturn Marshall's death sentence. The ruling - on one of the many appeals available to Marshall - said he received ineffective assistance from his attorney during the death-penalty phase. That appeals panel will hear 30 minutes from each side. But its decision may take months and could result in a new death-penalty phase for Marshall, which means more attorney and court costs borne by taxpayers. Last year, former Gov. James E. McGreevey vetoed a bill - passed 34-0 in the Senate and 70-8 in the Assembly - that would have created a commission to take a comprehensive look at the death penalty law and recommend improvements. The bill was quickly reintroduced in both the Senate and Assembly but has not moved out of committee. Its sponsors - Sens. Shirley K. Turner, D-Mercer, and Andrew Ciesla, R-Ocean, and Assemblyman Reed Gusciora, D-Mercer - should see that it does. And the legislators who saw their votes vetoed by McGreevey last year should demand immediate posting. (source: Asbury Park Press) OHIO: Study finds Ohio's death penalty unfair; lawmakers hope to reform application Lawmakers writing a new capital punishment law 2 decades ago wanted a fair system for prosecuting the worst of the worst: killers whose crimes were so terrible there would be no question they deserved to die. That didn't happen. Ohio's death penalty has been inconsistently applied since it was enacted in 1981, according to a 1st-ever analysis by The Associated Press. Race, the extensive use of plea bargains and even where a crime has been committed all play a role in who is sentenced to death. In its research, the AP analyzed 1,936 indictments reported to the Ohio Supreme Court by counties with capital cases from October 1981 through 2002. Among the findings: -Offenders facing a death penalty charge for killing a white person were twice as likely to go to death row than if they had killed a black victim. Death sentences were handed down in 18 % of cases where the victims were white, compared with 8.5 % of cases where victims were black. -Nearly 1/2 of the 1,936 capital punishment cases ended with a plea bargain. That includes 131 cases in which the crime involved two or more victims. 25 people had killed at least 3 victims. -In Cuyahoga County, a Democratic stronghold, just 8 percent of offenders charged with a capital crime received a death sentence. In conservative Hamilton County, 43 % of capital offenders ended up on death row. State Supreme Court Justice Paul Pfeifer, who co-sponsored the death penalty law in 1981 when he was a member of Ohio's Legislature, said the findings are disturbing. Pfeifer, a Republican, is among many who have long called for a study of how the state's law is working. He said the analysis reaffirms early concerns that race would come into play. "That has to be very disconcerting and alarming to all of us," he said. Sandra Craig's son, Jeffrey, and a friend were beaten to death in the summer of 1995 in a drug dispute. Both men were black, and the men who killed them were black and white. Craig is incensed that prosecutors offered her son's killers a plea bargain that resulted in sentences of 20 years to life in prison. "It was just another black person dead. They could just do this and move on to the next thing," said Craig, a Columbus resident. Democratic and Republican lawmakers in Ohio last year called for the state to undertake a comprehensive study of the state's capital punishment system. The House approved such legislation, but it quickly died in the Senate. (source: Associated Press) ILLINOIS: Did Area 2 cops cross the line? By all indications, Michael Hoke was a good cop. A Chicago police detective since 1970, Hoke earned several promotions, commendations and awards before he retired in 2001 after heading the force's internal affairs division for 6 years. But his accomplished career has been muddied by a stint he served in the Area 2 Violent Crimes Unit during the mid-1980s. Years later, he was accused of helping some of the police department's most notorious detectives torture suspects during interrogations. Yet despite dozens of suspects who said they were terrorized at Area 2, Hoke has never been charged with a crime or held civilly liable in any police brutality lawsuit. Court records, sworn statements and interviews suggest Hoke may have been implicated because he worked at the Area 2 police station under former Chicago Police Cmdr. Jon Burge, whose name has become synonymous with police torture. It's been decades since the first allegations of torture surfaced. Besides Hoke, dozens of former and current officers at both Area 2 and Area 3 police headquarters have been accused but never charged. Some may be innocent and implicated merely because they worked with Burge. Others may have participated in torturing suspects during interrogations, using the same tools and techniques employed by Burge, but proof may be hard to come by. Still others, perhaps the lion's share of the officers, fall into a vast gray area: They may have known about torturous practices but said or did nothing to stop them. This spring, a special prosecutor is expected to release the findings from a three-year investigation into police torture. But few believe the investigation will yield any definitive answers, and fewer anticipate any criminal charges will be filed. If their predictions hold true, one of Chicago's most infamous mysteries - whether torture was widespread in the detective units and, if so, who was responsible - will remain unsolved. Beatings, electroshock, radiator burns The accusations that some police officers tortured suspects during interrogations date back to February 1982, when brothers Andrew and Jackie Wilson were brought to the Brighton Park District headquarters - the old Area 2 station - after being arrested on charges of killing two Chicago police officers. It was there, in a dimly lighted interrogation room on the second floor of the two-story building at 91st Street and Cottage Grove Avenue, that Andrew Wilson first met Burge. Burge and several detectives under his command were decorated Vietnam War veterans and respected police officers. But their dealings with Wilson were anything but respectful. Wilson claimed Burge put a bag over his head, punched and kicked him, shocked his ears and genitals with an electrical box, and burned his chest, arms, face and chin on a radiator until he confessed. Wilson was not the only one to complain of mistreatment. Dozens of suspects said they suffered similar types of abuse, as well as being threatened with a gun and shocked with cattle prods. The allegations point to Burge as the ringleader. According to sworn testimony and documents obtained from the People's Law Office, which represents many of the alleged torture victims, at least 66 people claimed they were tortured while in the custody of Burge or officers under his command between 1973 and 1991. For years, police and city officials refused calls from outside groups for a comprehensive investigation of the torture claims. But in 1990, the Office of Professional Standards, the police department's civilian investigative arm, issued a report that concluded the abuse was "systemic" and named 50 suspects victimized from 1973 to 1986. The "Goldston Report," written by OPS investigator Michael Goldston, found that Burge was directly involved in at least half of the cases, including eight of the nine cases when electroshock was used. A second OPS investigation in 1990 supported the torture claims made by Andrew Wilson. Those findings, along with the police brutality lawsuit Wilson filed, prompted the Police Board - the department's disciplinary branch - to fire Burge in 1993 for using excessive force. Besides Burge, two other officers - John Yucaitis and Patrick O'Hara - were suspended for 15 months each for using excessive force and then reinstated with back pay. No other officers were disciplined, and various brutality lawsuits against them were dropped. That didn't sit well with many suspects, who pushed for greater accountability. Their cry was bolstered in 1999 by U.S. District Judge Milton Shadur, who said he agreed with the Goldston Report and called torturous practices "common knowledge" at Area 2 and at Area 3 headquarters, then located at 39th Street and California Avenue. "Both internal police accounts and numerous lawsuits and appeals brought by suspects alleging such abuse substantiate that those beatings and other means of torture occurred as an established practice, not just on an isolated basis," said Shadur, who ordered the police to release the Goldston Report to the public. Finally, in April 2002, Cook County Criminal Court Presiding Judge Paul Biebel appointed a special prosecutor to examine the litany of allegations against Chicago police detectives. Former Illinois Appellate Court Judge Edward J. Egan, who turns 83 in May, was chosen to head the investigation. Egan and his staff were charged with reviewing dozens of torture claims to determine any potential culpability. Their findings could include recommendations for prosecution. Under a cloud of suspicion No one will say how many officers and others the special prosecutor is examining. But at least 14 detectives implicated in Burge's torture regime are still working in law enforcement, government payroll documents show. Four are on the Chicago police force, three others serve as investigators for the Cook County Sheriff, and another three work in similar capacities for the Cook County State's Attorney. Several others serve in private law enforcement roles, including as private investigators and security officers. Many activists believe the former detectives do not deserve to stay in crime-fighting positions, given the sheer number and seriousness of the allegations against them. "The city and the department have entered into a gentleman's agreement to consolidate the troops and circle the wagons to protect their own," said David Bates, a former Area 2 prisoner who now serves as coordinator for the Chicago Committee to Defend the Bill of Rights. Law enforcement officials stand behind the detectives. "These are simply allegations, which haven't come to fruition as of yet," said Mark Donahue, president of the Fraternal Order of Police. "It's unfair of anyone to make suppositions one way or the other about any of the officers with allegations against them . . . We need to keep an open mind on many of these issues and the outcome." John Gorman, a spokesman for the Cook County State's Attorney's office, criticized the "baseless accusations" against the officers. "There's been no police officer [criminally] charged with anything, to my knowledge, in any court." One of those officers is former Det. Michael Hoke, who was assigned to Area 2's Violent Crimes Unit for more than 3 years. He has always proclaimed his innocence, saying he was not involved in inflicting torture on suspects during interrogations. Although he was named in the Goldston Report and sued by alleged torture victims, anonymous letters sent to the People's Law Office in 1989 described Hoke as a "weak link" in the torture accusations. The letters say Hoke and Burge "constantly were arguing" and described Hoke as "not the beating type." Hoke, the letters say, was a "thorough humorless workaholic who stood up to Burge every time he could." In a 1996 deposition, Hoke acknowledged that he and Burge "got along," but said his opinion changed after the Police Board fired Burge for torturing Andrew Wilson. Hoke, who was vacationing in Mexico when Wilson was arrested and beaten, said under oath: "Based on the rulings of the court and the hearing process, [Burge] must have done what they accused him of, and he suffered the consequences." Last year, 2 alleged torture suspects who originally named Hoke as one of their assailants changed their stories. In an April 2004 sworn statement, Anthony Holmes accused Hoke of participating in an interrogation that included electroshocks and beatings. But later, in the same statement, he identified other officers - not Hoke - as his assailants. George Powell, who was arrested in 1979 in connection with a crime purportedly committed by his uncle and another man, originally said Burge and Hoke led fellow detectives in repeatedly beating him. But under oath in June 2004, Powell only pinpointed Burge as the officer who tortured him. No one will say whether Hoke has appeared before the special prosecutor, and attempts to reach Hoke were unsuccessful. The new breed After running Area 2's Violent Crimes Unit for seven years, Burge was transferred in 1988 to Area 3, where he ran the entire station. Several members of his old unit came with him. But Burge also worked with a new crop of young detectives at Area 3, including Kenneth Boudreau. Fresh off a tour of military duty in the Middle East under Operation Desert Storm, Boudreau had joined the "third watch," the group of detectives who worked the overnight shift. In 1991, several Area 3 detectives - some of the new crop as well as some former Area 2 veterans - investigated a murder that appeared to be a gang-related shooting. The detectives arrested 13-year-old Marcus Wiggins of Englewood. Wiggins ultimately signed a confession, but not before he said he was punched repeatedly by a tall, blue-eyed detective who also administered shock treatment to his hands. Wiggins claimed he was barely conscious and had not read the confession before he signed it. A Cook County judge threw out the case against Wiggins after suppressing his coerced statement. Wiggins never identified Boudreau as his attacker, but he named the detective in a civil lawsuit he later filed against several Area 3 detectives, claiming Boudreau knew about the torture and failed to report it. Wiggins settled his case in 1996 for $95,000. Boudreau also secured confessions from at least a dozen murder suspects whose charges were later dropped and defendants who were acquitted, according to court documents. One of Boudreau's cases fell apart after the defendant's lawyer discovered the suspect was in jail at the time of the murder; DNA evidence undercut murder charges against another man. Lawyers for alleged victims of Boudreau's abuse say he has a reputation for manipulating suspects who are juveniles or mentally disabled. They say his intimidation tactics include denying requests for parents or lawyers to be present, refusing to provide food or the use of a restroom, and punching, kicking and choking the suspects. In a 1996 deposition, Boudreau said he received training in juvenile interrogations as a police officer in Palos Hills and Chicago. Under oath, Boudreau denied allegations of inappropriately questioning juveniles. "I consider myself a professional, and none of those acts, as much as the defense attorneys don't want to believe, would never occur," Boudreau said. Chicago attorney Erika Cunliffe, who filed court papers on behalf of a suspect who claims Boudreau and other detectives threatened and brutalized him, documented 37 incidents implicating Boudreau in official misconduct, such as beating, bagging and electroshocking suspects. From 1991 to 1995, 5 complaints were lodged against Boudreau, according to OPS files. "It seems as though Burge passed the torch to Boudreau," said Bertha Escamilla, director of the community organization Families of the Wrongfully Convicted. "We have a whole new crop of torturers at the helm now who are up to the same old tricks." Cunliffe agrees. "Although Burge left the department in 1993, many of the officers he trained and with whom he served have remained," she wrote in court documents. "Many of them admired Burge and his methods and have perpetuated the cult of race-based abuse he fostered in other police stations throughout the city." Boudreau testified that he was ordered to serve a 10-day suspension in 1995 for failing to have a youth officer present while interrogating a juvenile, but his punishment was later reduced to a reprimand. Since then, Boudreau has accumulated an impressive list of commendations. As of 2000, he had received more than 70 honorable mentions for meritorious awards, been named his district's police officer of the month twice and racked up nine departmental commendations. Yet Boudreau's name keeps surfacing in connection with controversial cases. In February, Dan Young Jr., a mentally disabled man convicted of rape and murder along with Harold Hill, was released from prison after DNA evidence cleared him. (Hill is still serving time on an unrelated robbery conviction, but the rape and murder charges were dropped.) Young's lawyer said the men plan to file a lawsuit for wrongful conviction. Boudreau was one of the detectives who worked the case. In a sworn statement, Boudreau called the accusations against him by criminal defendants "nothing more than perjured testimony to try and escape the punishment that may or may not come from the judicial system." It is not known whether Boudreau has appeared before the special prosecutor investigative police torture, and efforts to reach his attorney were unsuccessful. The 'good' cop Several alleged torture victims said the officers often used a "good cop, bad cop" technique, during which one police interrogator would speak softly to the suspect while the other would be more verbally forceful. One of the "good" cops, according to numerous accounts, was Daniel McWeeny, a veteran of more than 25 years who retired in 1996 and now works as an investigator for the Cook County State's Attorney's office. When police arrested Melvin Jones on Feb. 5, 1982 in connection with a murder, McWeeny talked to him in an interview room at Area 2. McWeeny testified before the Police Board that he believed Jones was involved in the shooting, but that he couldn't have acted alone. The detective said he tried a calm approach to try to crack the suspect. When it didn't work, McWeeny said, he appealed to Jones' conscience. Jones didn't dispute the "good cop" tactic used by McWeeny, but added that the "bad cop" was Burge, who was armed with a gun and a small wooden box with cords he used to electroshock Jones' feet, leg and genitals. Jones testified that McWeeny was present when Burge punched him, but that McWeeny helped get the commander out of the interrogation room. McWeeny claimed Burge never stepped foot in the room. Another alleged torture victim, James Andrews, who was brought to Area 2 in connection with a shooting, testified in 1993 that McWeeny questioned him aggressively but never struck him. Flint Taylor, an attorney with the People's Law Office, said although McWeeny played the "good guy" in interrogations, he knew the suspects were being beaten and tortured while he wasn't in the room. McWeeny, who is being sued on brutality claims by 3 exonerated death row inmates, could not be reached for comment. Attorney Richard Sikes, who represents McWeeny in the civil lawsuits, said he instructed McWeeny not to comment on any matters related to the cases. He would not say whether McWeeny appeared before the special prosecutor. Weeding out problem officers Shortly before Lt. Peter Dignan's plans to retire in 2002 became public, several community groups protested at Police Board meetings after learning he was still on the force. Their efforts received little fanfare. "We were outraged to find out that his career was allowed to proceed - even getting commendations and promotions - when there was so much evidence of his involvement in torturing suspects," said Bates of the Chicago Committee to Defend the Bill of Rights. Bates' murder conviction was overturned in 1994 after he served more than 11 years in prison. Evidence revealed he had been tortured by police into confessing. He was retried in 1995 and acquitted. Dignan, who worked under Burge and has been repeatedly connected to allegations of abuse, was criticized in the Goldston Report for his involvement in the 1983 murder investigations of suspects Gregory Banks and Darrell Cannon. According to Banks, Dignan placed a plastic bag over his head, electroshocked him and beat him with a flashlight during an interrogation. Cannon said Dignan electroshocked him and put an empty gun in his mouth and pulled the trigger several times during questioning. Banks filed a lawsuit against Dignan, Burge and other detectives, which the city settled in 1993 for $92,500. An OPS investigation also supported both Banks' and Cannon's claims, but there was no move to fire Dignan, and he served on the force for 33 years. Dignan now works as an investigator for the Cook County Sheriff. "Our attempt at getting [Dignan] fired was essentially ignored, and we were told it was not worth pursuing because Dignan was retiring anyway," Bates said. Mary D. Powers, a long-time prisoner advocate and board member of Citizens Alert, a community watchdog group, said she was appalled by Dignan's promotion, noting that Burge also remained on the force and received promotions for at least a decade after torture allegations first surfaced. She said there is no push for accountability within the police department and criticized the department for failing to deal with the accumulation of complaints against officers. "The department discards every complaint the OPS deems as not sustained or unfounded and never thinks about them again," Powers said. "That makes it almost impossible to see if a pattern emerges among the same officers. Out of sight, out of mind, I guess." Lawyers and activists point to the police department's failure to flag problem officers as a major reason why excessive force persists. Craig Futterman, a civil rights lawyer with the University of Chicago's Mandel Legal Aid Clinic, said 90 % of abuses are committed by about 5 percent of the officers. "A small minority on the force can do a heck of a lot of damage," he said. "To not have an effective internal system to weed out most of these offenders is inexcusable. It shouldn't take 30 complaints to identify a problem officer." Better self-policing also would save the city millions of dollars it pays out in settlements for excessive force cases, Futterman added. As of 2002, settlements and attorney fees in lawsuits filed by alleged police torture victims have amounted to more than $1.25 million, according to court documents. "Even if the department doesn't care about the human cost of abusing suspects, they should be concerned in terms of these officers being a walking liability. And that affects not only the economic standing of the department, but the reputation as well. It's not fair for these guys to bring disgrace to the good officers out there, who by far outnumber the bad ones," Futterman said. David Bayless, director of news affairs for the Chicago Police Department, refused to comment on the allegations, but said the police will begin videotaping interrogations in homicide investigations, in accordance with a new state law. Lingering doubts Richard Brzeczek, the Chicago police superintendent at the time allegations of police brutality first came to light, said he expects the special prosecutor to blame one person: him. "There's only one outsider -- that's me," he said. "I'm not part of [Mayor Richard M. Daley's] political structure. "When it's all said and done, you're going to find out that the bottom line is: It's Brzeczek's fault," he added. "They're going to blame me because I was superintendent at the time. I'm convinced of it." Decades later, Brzeczek, now a Chicago attorney, acknowledges that some torture took place at Area 2. "I'm not one to deny that this was going on," he said. "I didn't see it go on, under my own eyes. But when there are sufficient allegations and people saying the same thing . . . anything is possible." More than $1 million has been spent on the special prosecutor's investigation so far. The findings could include recommendations of prosecution, but because the torture allegations date back more than 30 years, legal experts say the statue of limitations may have run out on certain actions. For example, the 3-year statute of limitations for charges related to physical assault or coercion has long expired. Many lawyers speculate that the special prosecutor could charge some officers with conspiracy if there is evidence of an ongoing cover-up within the police department. Civil rights attorney Futterman isn't convinced the special prosecutor will take any action. "I hope some action is taken," he said. "[But] I'm skeptical in part because of the time it has taken and what has been done to date. I don't feel as though it's an aggressive investigation." Sammy Lacey, a former Area 2 detective who appeared before the special prosecutor, equated the investigation to "a big witch hunt." "[The special prosecutor] knows that," said Lacey, now a practicing attorney in Chicago. "Everyone knows that. Because if they did [know anything], they would have indicted someone by now." Still, many Chicago lawyers and activists are anxiously awaiting criminal charges. "Unless Burge and his progeny are indicted, it can be expected that the public respect for police will descend to the level of respect that the police have shown for the public," Lawrence Kennon, a former Cook County prosecutor and member of the Justice Coalition of Greater Chicago, said in a written statement. Powers, of Citizens Alert, said the special prosecutor has a great opportunity. "I can't believe with all they are looking at that they won't come out with something definitive," she said. Sikes, the Chicago attorney who represents McWeeny and several other police officers in civil lawsuits, has encouraged his clients not to talk to the special prosecutor. "In light of the fact that the investigation is going on and we're not really able to get any definitive statement as to what is going on, my recommendation is that they not testify at this point," Sikes said. "My clients all want to testify and defend themselves, but we're looking for some clarification from the special prosecutor before we do that," he added. While there is no doubt in Powers' mind that torture practices were commonplace under Burge and others, she acknowledges the possibility that some officers may have been wrongly accused. She also said she is overwhelmed by the scope of the scandal. "The web of victims and officers involved keeps expanding, so it constantly seems like we are just touching the tip of the iceberg," Powers said. "Even after the [special prosecutor's] report comes out, we'll never really feel as though we got to the bottom of all the allegations." Jerry Brown, a Chicago attorney who specializes in civil lawsuits, said the police torture cases that have been filed since the early 1990s also likely name detectives and officials who were only marginally involved. He said the legal strategy of being overbroad in assigning blame causes an extensive list of defendants, some of whom inevitably are dropped as the lawsuit progresses. "Is it a possibility that there may be a permanent stain on the reputation of some of the officers who have been named and may later be cleared? Yes," Brown said. "There may always be lingering doubts about those people," he added. "The basis for which some officers are named will presumably get sorted out in the courtroom. But in the meantime, it may take a while before someone who may be innocent is exonerated." (source: Chicago Defender)
