ICE Raids in Missippi: How You Can Help
Posted On Thursday, August 28, 2008 at at 9:18 AM by Danreposted from vivirlatino.
Monday, August 25, 2008
After answering the phone, Bill Chandler, director of MIRA! (the Mississippi Immigrant Rights Alliance, based in Jackson), blurted out, "The ICE raid is in progress right now at Howard Industries, in Laurel, Mississippi."
Laurel is a small town of about 18,000 people; Howard Industries employs about 800 workers.
Earlier this morning, Department of Homeland Security agents began descending on different work sites in Mississippi to unleash another brutal immigration raid.
According to Mr. Chandler, DHS began renting hotel space over the past few days, indicating the presence of hundreds of Bureau of Immigration and Customs Enforcement (ICE) agents.
MIRA also reports ICE placed the Southern Hens poultry plant under lockdown, which employs nearly 2,000 people in Mossell, Mississippi. Mossell is between Hattiesburg and Laurel on I-59.
And on Sunday night ICE set up roadblocks near the Wal-Mart in Hattiesburg, an illegal detentive stop to check for immigration status of passersby's.
ICE agents have already gone into the Howard Industries plant in Laurel, where some 800 workers manufacture ballast for office lights, neon tubes and transformers.
Approximately half the workers there are Latinos. Howard Industries has three plants; one in Laurel, Magee and Ellisville. ICE also raided Howard corporate offices in Ellisville.
ICE has arrested so many workers at the Laurel Howard plant that operations have been shut down. MIRA has already received reports of scores of children being left behind without their parents who ICE arrested at the Howard Industries plant.
ICE Raid, SB 2988 and MS's Inglorious Present
The brutal ICE raid now taking place in Laurel and other parts harkens back to Mississippi's shameful past of Jim Crow segregation, police brutality and violence. The current state laws, the national anti-immigrant climate and hangovers from Mississippi's inglorious past made Jones County ripe for ICE to conduct their usual raids that trample on constitutional rights and communities.
Laurel has the distinction of being located in Jones County, headquarters for two notorious racist and anti-immigrant groups, the KKK and MFIRE, the Mississippi branch of FAIR, the national anti-immigrant group.
Earlier this year the Mississippi legislature passed and the Governor signed into law Senate bill 2988, the most draconian employer sanctions law passed to date in the U.S. that further criminalizes workers, especially immigrants, and opens the door for employers to discriminate against Latinos and others.
SB 2988 makes it a felony to work without authorization in Mississippi. SB 2988 imposes a one to five year prison sentence and hefty fines of $1,000 to $10,000. No one has yet been charged under SB 2988.
Today's ICE raid however opens the door to using both federal and state laws, including SB 2988, in a new way.
This has everyone on edge. Mr. Chandler added, "Now we are all waiting to see what will happen to people being arrested at Howard Industries."
Support Needed to Counter ICE Raid Impacts
Mr. Chandler said, "We had been expecting the raids, either on the coast or in Hattiesburg. We were getting information that ICE was in hotels in the coast and other preparations were going on in Hattiesburg."
MIRA began holding community meetings on the Mississippi coast and Hattiesburg areas all last week, getting the word out for the last ten days that an ICE raid was underway. MIRA advised workers of their Constitutional rights, to remain silent if arrested, and to prepare for the crackdown.
Now MIRA is seeking the help of lawyers. There is deep worry among the community about the raids and their aftermath. MIRA has prepared social services and legal help for all persons, including families and others, affected by the ICE raid.
Bill closed by saying, "Most of what we are getting today is that ICE is focusing on Jones County; but haven't had calls from all areas. We have had calls from chicken plants in and around Laurel. We had expected the raids to occur at chicken plants; it was a surprise, it's a different industry. Howard Industries gets state and federal funding to operate."
Support MIRA: Stop the ICE Raids
MIRA is now in meeting with families affected by the raid to assess what their needs are and also working with lawyers to deal with arraignments of workers swept up in the raid. MIRA needs attorneys to volunteer their services and help the detained workers.
Please visit the MIRA website to make an on-line donation at: www.yourmira.org
Send in a check or money order, payable to "MIRA," write in the memo "Relief for families affected by raids" and mail to:
MIRA! PO 1104 Jackson, MS 39215
To support MIRA's legal project, call (601) 354-9355 For media inquiries, (601) 968-5182.
My Letter to Spirit Airlines
Posted On Wednesday, August 06, 2008 at at 9:05 AM by DanDear Madam or Sir:
You may have noticed that I used the past tense throughout the above paragraph. That's because I want to cancel my email subscription and inform you I will not be buying a ticket on Spirit ever...no matter what. The reason is because your support of offshore oil drilling, along with your alleged support of "other plans," offends me. It didn't help that when I went to your website the ad looked like a parody of a National Lampoon movie. Seriously, what does a beautiful woman's ass have to do with national energy policy?
The arguments against offshore oil drilling are pretty well known. The oil won't be processed for something like a decade, the amount of oil in the Gulf of Mexico is enough for only 3 days use, the spills (and count on the fact there will be spills) will have a negative impact on the environment and tourism, etc. As an airline I'm sure you can see how oil-soaked beaches could convince people on planning a mountain vacation. If you want to see what a lack of wetlands can do to a city after a hurricane, check out New Orleans. As an airline that flies to Florida, which has a lot of tourist beaches and hurricanes, you might want to call a meeting and connect some dots.
What was offensive to me about your email was your claim that it will "help keep fares low". That's a bald-faced lie. You have to know that's a lie. Of course, it's totally possible you knew it was a lie and said it anyway. McCain flipped and Obama caved on the issue and both have to know there's no chance gas prices will be affected by their oil company giveaway. On the outside chance that maybe the management of your airline isn't lying and is instead just stupid, check out this pdf by the Sierra Club. It should bring you up to speed.
You have to see I'm faced with a bad set of options now. As I see it, your airline sent out an email with an obvious lie, a clumsy attempt to pander to all sides of the issue, and then topped it off with an Howard Stern-esque ad in the vain hope a cute booty would distract from it all. Or your airline sent out out a claim without doing even basic research, made a clumsy attempt to pander to all sides, and then...yada, yada, yada. Either way I'm not filled with confidence in your ability to take me to 20,000+ feet and back down again on time and in one piece. I'm going to hedge my bets and cut off all ties now. Please cancel my email subscription.
Sincerely,
Dan
Georgia Coal Plant Blocked by Courts
Posted On Tuesday, August 05, 2008 at at 2:09 PM by DanCoal War: Georgia Court Halts Construction of New Coal-Fired Plant First-ever thumbs-down by a court based on greenhouse gas as a pollutant
By David Biello Scientific American July 3, 2008
http://www.sciam.com/article.cfm?id=coal-war&sc=PR_20080731
A Georgia court this week halted construction of a new 1,200-megawatt coal-fired power plant on the Chattahoochee River, dubbed Longleaf, because backers failed to provide a plan to limit climate change-causing carbon dioxide emissions from it.
"The plant as permitted [by the Georgia Department of Natural Resources] would annually emit large amounts of air pollutants, including eight [million] to nine million tons of carbon dioxide," Fulton County Superior Court Judge Thelma Wyatt Cummings Moore wrote in her decision. "There was no effort to identify, evaluate or apply available technologies that would control CO2 emissions and the permit contains no CO2 emission limits.. Since CO2 is 'otherwise subject to regulation under the [Clean Air] Act,' a PSD [prevention of significant deterioration] permit cannot issue for Longleaf without CO2 emission limitations."
The decision marks the first time that potential greenhouse gas pollution has been cited as a factor in denying permission to build a new coal-fired power plant; it is also the first that hinges on a Supreme Court ruling issued last year that found the Clean Air Act gives the U.S. Environmental Protection Agency (EPA) the power to regulate carbon dioxide and other greenhouse gas emissions.
Environmentalists applauded the decision, noting that it is another in a recent string of victories in efforts to prevent and even reverse global warming. In the past such plans have been challenged for their emissions of other pollutants, such as acid rain-causing sulfur dioxide or smog-forming nitrogen oxides. But this time, the judge also considered the impact on climate change, says Bruce Nilles of the Sierra Club, which was among green groups that sued to stop construction of the Longleaf coal plant.
"She looked at the argument that we don't have to consider CO2 and called it 'untenable,'" Nilles says.
"There are a whole range of other places where industry is trying to rush to build coal plants," including Indiana, Nevada, South Dakota and Wisconsin, among others.
Dan Riedinger, a spokesman for industry group Edison Electric Institute, says he expects Dynegy-the power company that proposed Longleaf-to appeal the decision.
He notes that the industry does not disagree that greenhouse gas emissions should be regulated but believes this court decision was premature, because there currently are no such regulations on the books.
According to Riedinger, the U.S. needs coal-fired generation because alternatives cannot meet the country's energy demands. "Wind is growing phenomenally but still it's 1 percent of the pie and it's an intermittent source.... New nuclear will not be online for a decade at least and that leaves us with coal and natural gas," he says." [Natural gas] pipeline capacity is already being pushed and it's not like new wells are going to come online tomorrow with the concerns about drilling. There just aren't that many options, so coal has to be a big piece of [electricity generation]."
Coal currently provides roughly 50 percent of U.S.
electricity, but the ruling is part of a larger trend toward rejecting any new coal-fired generators in the U.S., such as similar plants proposed in Kansas and Texas. Environmentalists have successfully argued that coal-fired power plants should not be constructed without greenhouse gas emission safeguards and that the EPA must regulate such emissions.
"It's part of an ongoing series of cases and challenges that are trying to get at whether the EPA not only has authority to regulate greenhouse gas emissions but whether" it is obligated to use that authority, says attorney Kyle Danish, director of the climate change practice at the Washington, D.C., law firm Van Ness Feldman. Environmentalists believe that the agency is obligated to use it, but the Bush administration, which has repeatedly clashed with them, disagrees.
"There is a stark contrast between Superior Court in Georgia versus the backflips EPA has done to avoid doing their job," Nilles says. "Today, wind is cheaper than coal and solar is getting closer. You don't need to build any coal right now."
Nashville Cab Drivers Hold Press Conference, Force Meeting with Mayor
Posted On Wednesday, July 30, 2008 at at 6:33 PM by DanToday about 75 Nashville, Tennessee cab drivers held a press conference on the front steps of city hall demanding the mayor hold public hearings investigating driver conditions. The drivers called a 12 hour general strike of all cabs. The mayor, who had declined to meet with them for the last 7 months, agreed to meet with the drivers tomorrow. Members of SEIU L205, NAACP, the United Steelworkers, and Jobs with Justice attended in solidarity. You can find out a whole lot more about the drivers and their struggle at www.thenashvillemovement.org/taxi/.
Taxi Drivers Strike in Nashville
Posted On Tuesday, July 29, 2008 at at 6:55 PM by Dan
Cab drivers in Nashville pay as much as $175 per week to taxi companies to use their company name. After paying weekly fees, inflated gas prices, airport entrance fees, insurance, and other expenses drivers barely break even. The NMTDA has done more than 300 surveys and determined that after paying expenses, drivers make about $2.07 per hour and often work 15+ hours per day.NMTDA, a member of Mid-Tennessee Jobs with Justice and The Nashville Movement, is a membership-based organization of cab drivers in Nashville. About 350 of the 700 drivers are members of NMTDA, however, it's hard to tell exactly how many total taxi drivers are actually driving every day in the city and not just on the books of the Taxi Licensing Commission.
The NMTDA has said the conditions of drivers are equivalent to indentured servitude. "Drivers are making an average of $2.07 per hour. Can you imagine?” says Abdinasir Ismail, a Board member of the NMTDA. “How can we feed our families on that?"
According to Megan Macaraeg, Director of Mid TN Jobs with Justice, taxi companies make guaranteed super-profits regardless of how much drives struggle. “Cab companies are guaranteed to make a profit of almost $9000 a year from each employee,” says Macaraeg, “Surely this is not what we stand for as Nashvillians who believe everyone should have a fair chance to realize the American Dream."
On Wednesday, July 30 drivers from all cab companies will hold a press conference in front of the mayor's office demanding he hold public hearings investigating the conditions of cab drivers. To punctuate their demand, the NMTDA has called for a general strike of cab drivers for tomorrow.Links to other news stories:
Nashville City Paper
Tennessean
The So-Called Victory of the So-Called Surge
Posted On Sunday, July 27, 2008 at at 6:56 PM by DanI usually don't post stuff about Iraq since there's so much of it on the web. However, I think this essay is special. It's special because it debunks the idea the surge worked. This idea, one even Obama is starting to buy into, is driving me crazy. Please read and send around.
A Social History of the Surge
Juan Cole
www.juancole.org
Thursday, July 24, 2008
I want to weigh in as a social historian of
'Mr. McCain bristled in an interview with the "CBS Evening News" on Tuesday when asked about Mr. Obama's contention that while the added troops had helped reduce violence in Iraq, other factors had helped, including the Sunni Awakening movement, in which thousands of Sunnis were enlisted to patrol neighborhoods and fight the insurgency, and the Iraqi government's crackdown on Shiite militias.
"I don't know how you respond to something that is such a false depiction of what actually happened," Mr. McCain told Katie Couric, noting that the Awakening movement began in
"Because of the surge we were able to go out and protect that sheik and others," Mr. McCain said. "And it began the Anbar Awakening. I mean, that's just a matter of history."
The Obama campaign was quick to note that the Anbar Awakening began in the fall of 2006, several months before President Bush even announced the troop escalation strategy, which became known as the surge. (No less an authority than Gen. David H. Petraeus, the top commander in
And Democrats noted that the sheik who helped form the Awakening, Abdul Sattar Buzaigh al-Rishawi, was assassinated in September 2007, after the troop escalation began.
The National Security Network, a liberal foreign policy group, called Mr. McCain's explanation of the surge's history "completely wrong."
But several foreign policy analysts said that if Mr. McCain got the chronology wrong, his broader point -- that the troop escalation was crucial for the Awakening movement to succeed and spread -- was right. "I would say McCain is three-quarters right in this debate," said Michael E. O'Hanlon, a senior fellow at the Brookings Institution. '
The problem with this debate is that it has few Iraqis in it.
It is also open to charges of logical fallacy. The only evidence presented for the thesis that the "surge" "worked" is that Iraqi deaths from political violence have declined in recent months from all-time highs in the second half of 2006 and the first half of 2007. (That apocalyptic violence was set off by the bombing of the Askariya shrine in
Proponents are awfully hard to pin down on what the "surge" consisted of or when it began. It seems to me to refer to the troop escalation that began in February, 2007. But now the technique of bribing Sunni Arab former insurgents to fight radical Sunni vigilantes is being rolled into the "surge" by politicians such as John McCain. But attempts to pay off the Sunnis to quiet down began months before the troop escalation and had a dramatic effect in al-Anbar Province long before any extra US troops were sent to al-Anbar (nor were very many extra troops ever sent there). I will disallow it. The "surge" is the troop escalation beginning winter of 2007. The bribing of insurgents to come into the cold could have been pursued without a significant troop escalation, and was.
Aside from defining what proponents mean by the "surge," all kinds of things are claimed for it that are not in evidence. The assertion depends on a possible logical fallacy: post hoc ergo propter hoc. If event X comes after event Y, it is natural to suspect that Y caused X. But it would often be a false assumption. Thus, actress Sharon Stone alleged that the recent earthquake in
For the first six months of the troop escalation, high rates of violence continued unabated. That is suspicious. What exactly were US troops doing differently last September than they were doing in May, such that there was such a big change? The answer to that question is simply not clear. Note that the troop escalation only brought
As best I can piece it together, what actually seems to have happened was that the escalation troops began by disarming the Sunni Arabs in
As Think Progress quoted CNN correspondent Michael Ware: ' The sectarian cleansing of
Of course, Gen. Petraeus took courageous and effective steps to try to stop bombings in markets and so forth. But I am skeptical that most of these techniques had macro effects. Big population movements because of militia ethnic cleansing are more likely to account for big changes in social statistics.
The way in which the escalation troops did help establish Awakening Councils is that when they got wise to the Shiite ethnic cleansing program, the
The Shiitization of Baghdad was thus a significant cause of falling casualty rates. But it is another war waiting to happen, when the Sunnis come back to find Shiite militiamen in their living rooms.
In
The Mahdi Army militia of Sayyid Muqtada al-Sadr concluded a cease-fire with US and Iraqi troops in September of 2007. Since the
Badr reassertion in
The vast increase in Iraqi oil revenues in recent years, and the cancellation of much foreign debt, has made the central government more powerful vis-a-vis the society. Al-Maliki can afford to pay, train and equip many more police and soldiers. An
Senator McCain was wrong to say that US or Iraqi casualty rates were unprecedentedly low in May.
Most American commentators are so focused on the relative fall in casualties that they do not stop to consider how high the rates of violence remain. Kudos to [the Chicago Tribune's] Steve Chapman for telling it like it is.
I'd suggest some comparisons. The Sri Lankan civil war between Sinhalese and Tamils has killed an average of 233 persons a month since 1983 and is considered one of the world's major ongoing trouble spots. That is half the average monthly casualties in
All the talk of casualty rates, of course, is to some extent beside the point. The announced purpose of the troop escalation was to create secure conditions in which political compromises could be achieved.
In spring of 2007,
Al-Maliki lost his national unity government in summer, 2007, just as casualties began to decline. The Islamic Virtue Party, the Sadrists, and the Iraqi National List are all still in the opposition. The Islamic Mission Party of al-Maliki has split, and he appears to remain in control of the smaller remnant. So although the Sunni IAF has agreed to rejoin the government, al- Maliki's ability to promote national reconciliation is actually much reduced now from 14 months ago.
There has been very little reconciliation between Sunni and Shiite. The new de-Baathification law which ostensibly aimed at improving the condition of Sunnis who had worked in the former regime was loudly denounced by the very ex-Baathists who would be affected by it. In any case, the measure has languished in oblivion and no effort has been made to implement it. Depending on how it is implemented it could easily lead to large numbers of Sunnis being fired from government ministries, and so might make things worse.
An important step was the holding of new provincial elections. Since the Sunni Arabs boycotted the last ones in Jan., 2005, their provinces have not had representative governments and in some, Shiite and Kurdish officials have wielded power over the majority Sunnis Arabs! Attempts to hold the provincial elections this fall have so far run aground on the shoals of ethnic conflict. Thus, the Shiite parties wanted to use ayatollahs' pictures in their campaigns, against the wishes of the other parties. It isn't clear what parliament will decide about that. More important is the question of whether provincial elections will be held in the disputed
There is also no oil law, essential to allow foreign investment in developing new fields.
So did the "surge" "work"?
The troop escalation in and of itself was probably not that consequential. That the troops were used in new ways by Gen. Petraeus was more important. But their main effect was ironic. They calmed
It is Obama who has the better argument in this debate, not Senator McCain, who knows almost nothing about
But the problem for McCain is that it does not matter very much for policy who is right in this debate. Security in
How Scores of Black Men Were Tortured Into Giving False Confessions by Chicago Police
By Jessica Pupovac, AlterNet
Posted on July 23, 2008, Printed on July 24, 2008
http://www.alternet.org/story/92374/
Michael Tillman was 20, with a 3-year-old daughter and an infant son, when he was brought into the Area 2 police station on Chicago's South Side for questioning. His mother, Jean Tillman, says that although he had gotten into some trouble with the law as a youngster, he had been on the straight-and-narrow, working as a janitor and paying his bills, since he and his girlfriend had their first child. That was July 22, 1986.
He hasn't been home since.
Tillman is one of at least 24 African-American men that the People's Law Office in Chicago claims are still serving sentences for crimes they say they confessed to only after enduring hours of torture at the hands of Chicago police officers under Commander Jon Burge between 1972 and 1992. Although 10 of Burge's victims have been pardoned or given new trials after their illegally obtained confessions were exposed, the vast majority of the 100-plus cases have yet to be reviewed by the state of Illinois. Those men have either served out their sentences, died in custody or, like Tillman, continue to live their lives behind bars, hoping that one day they will have a fair trial.
According to Tillman's 1986 trial testimony, when he arrived at the Area 2 police station in the predawn hours of July 21, 1986, Detectives Ronald Boffo and Peter Dignan took him to a second-floor interrogation room and pressed him for information about the murder of 42-year-old Betty Howard, whose body was found the day prior in the apartment building Tillman oversaw. When he told the detectives that he knew nothing about the murder, he says that Boffo and Dignan, along with three other officers, became abusive. Without ever reading him his Miranda rights, he says they handcuffed him to the wall, hit him in the face and punched him in the stomach until he vomited blood. During the course of what appeared to be three days, rotating pairs of officers brought him to the railroad tracks behind the station and held a gun to his head, suffocated him repeatedly with thick plastic bags, poured soda up his nose and forced him into Dumpsters outside of the apartment building, ordering him to search through the rubbish for a murder weapon until, according to Detective John Yucaitis, Tillman confessed to the crime.
According to Tillman's mother, she, her husband and an attorney they called for counsel were all denied access to her son during his three days of interrogation.
A Brutal Crime and a Corrupt Investigation
According to the police investigation, Howard and her 2-year-old son were on their way to meet relatives for a birthday celebration when they were forced into a vacant apartment on the seventh floor of the South Side building. The boy was locked in the bathroom while his mother was bound to a radiator, raped, stabbed and killed with one bullet to the head. Her car and other valuables were stolen. Her son was found days later by detectives. He was still in the bathroom.
Three weeks after Tillman's arrest, police found two men driving Howard's stolen car, with the knife used to stab her still in the vehicle. Those men led the officers to 27-year-old Clarence Trotter, who had Howard's camera and stereo in his apartment. His fingerprints were found on a soda can at the murder scene, and evidence linked him to the gun used in her murder.
Police found no physical evidence tying Tillman to the scene, or to Trotter. Years later, in 1999, Trotter wrote a letter to People's Law Office attorney Flint Taylor. While he did not admit guilt in that letter, he did write that Tillman was "beat … into confessing a crime (he) did not commit."
Tillman's mother says that, given the evidence found linking Trotter to the crime, and the lack of physical evidence implicating her son, she thought for sure the judge would let him go. "We thought he was going to get out," she said. "Even his lawyer said that would probably happen. … But it wasn't that way."
Michael Tillman's lawyer presented physical evidence of abuse in court, including the blue jeans that Tillman wore during his interrogation, which hadn't been washed since and were still stained with blood. He also showed scars on his wrists from where the handcuffs pulled while he was being beaten. Despite this, and despite the fact that there was no physical evidence linking him to the crime scene, the jury did not believe him. On Dec. 18, 1986, Michael Tillman was found guilty of murder, aggravated criminal sexual assault, and aggravated kidnapping. He was sentenced to life in prison. The Chicago Tribune wrote the next day that "Tillman, 20, put his hand over his face and shook his head when he was found guilty."
Weeks later, after Tillman's case file was sealed, Trotter was also given a life sentence in a separate trial.
Tillman appealed the decision in 1999 and lost. The judge wrote in his decision that "a nexus was never established between defendant and either Trotter or the two individuals apprehended in possession of the victim's car." He also wrote that, even though the corroborating evidence may only be circumstantial, it "need only tend to confirm and inspire belief in the confession." "The accused's identity need not be corroborated by evidence apart from his own extrajudicial statements," he wrote. "(His) self-described involvement to police is sufficient to establish his participation in the victim's attack."
His mother says that they had a series of public defenders and lawyers they couldn't afford, and that he no longer has legal representation.
A Conspiracy of Silence
Tillman's story is not unique, nor is it particularly shocking.
By 1999, it was "common knowledge," according to U.S. District Judge Milton Shadur, "that in the early to mid-1980s, (Jon Burge) and many officers working under him regularly engaged in the physical abuse and torture of prisoners to extract confessions. 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."
The massive scandal began to unravel in 1989, when convicted cop killer Andrew Wilson launched a very public federal civil rights suit against the Chicago Police Department. Seven years before, Wilson had been beaten, shocked in the testicles and burned on the face, chest and thigh by Area 2 detectives working under Burge. What caught the eye of Chief Medical Examiner of Cermak Medical Services John Raba, however, were the small markings on his ears that he couldn't explain away. Wilson told him the markings were from alligator clips used to electrocute him, and Raba believed him. He notified then-Superintendent of Police Richard Brzeczek, who wrote a letter to then-State's Attorney Richard M. Daley, "seeking direction" on how to proceed. Daley, who is now Chicago's mayor, never responded.
Wilson was later granted a new trial and sentenced to natural life, without his illegally obtained confession. His case, however, set off a chain of events that would eventually expose the widespread, systematic use of torture within certain South Side units of the Chicago Police Department.
In 1990, a CPD Office of Professional Standards investigation, prompted by Wilson's story and the physical evidence backing it up, found that abuse at Areas 2 and 3 "was not limited to the usual beatings, but went into such esoteric areas as psychological techniques and planned torture." "Particular command members were aware of the systematic abuse and perpetuated it, either by actively participating in some or failing to take any action to bring it to an end," the report concluded. Subsequent OPS investigations found Detectives John Byrne, Peter Dignan and John Yucaitis, all involved in Michael Tillman's interrogation, to be "players" repeatedly named as abusers in Area 2 and 3 torture allegations.
During Wilson's civil trial, his attorneys at the People's Law Office began receiving anonymous letters tipping them off to other victims of police torture. Eventually, PLO lawyers compiled testimony in 107 Burge-connected torture cases, Tillman's among them.
Nevertheless, almost 20 years later, not a single police officer has been made to face charges in the massive scandal. They were all let off the hook, first by a succession of judges and legal professionals who looked the other way, and later by a statute of limitations that expired before the Illinois state attorney considered filing charges. According to Taylor, there is no state or federal law criminalizing torture by law enforcement officers. While possible offenses for torture can include attempted murder, aggravated battery, battery, assault, assault with a dangerous weapon or hate crimes, the statute on these crimes is generally five years for federal prosecution and three years in the state of Illinois.
In fact, the only officer who has thus far suffered any consequence for his actions has been Burge himself -- and his could hardly be called punishment. In 1993, the Police Board removed him from his command and forced him into early retirement. He currently lives in Apollo Beach, Fla., on a $3,400-a-month pension, where he is known to enjoy rides on his boat, the Vigilante. Other officers involved have since advanced in the ranks, as have the assistant state's attorneys who prosecuted the cases, at times burying or ignoring clear evidence of how the confessions were obtained.
Many of the co-conspirators who helped conceal the abuse are today Chicago's political elite. They include prominent Cook County and Illinois Appellate Court judges (including one of the prosecutors in Tillman's case), Illinois State's Attorney Richard Devine and Mayor Richard M. Daley, who was the state's attorney when many of the cases were tried and would have been responsible for bringing official charges against the abusive officers, but chose instead to look the other way. Devine was Daley's first assistant when he served as a "tough-on-crime" state's attorney from 1980 to 1989, a period that saw 55 allegations of confessions elicited through torture. He later went into private practice (before assuming his current role of state's attorney), where he was paid more than $1 million by the City of Chicago for defending Burge and the other officers involved in Wilson's civil suit. He then represented Burge in proceedings before the Police Board. Later, as state's attorney of Cook County, Devine discouraged investigations of Area 2 torture and continued to uphold confessions obtained by that means. Because of this conflict of interest, in 2002, at the request of a coalition of civil rights attorneys and activists, Circuit Judge Paul Biebel transferred jurisdiction over all torture-related cases to Illinois Attorney General Lisa Madigan. They have sat idle on her desk ever since.
The 10 cases that have been resolved have been done in spite of, rather than with the help of, Madigan or Devine.
Gov. George Ryan: "The Category of Horrors Was Hard to Believe"
In 2003, after years of campaigning by Chicago-area police accountability activists, then-Gov. George Ryan pardoned four Burge victims -- Madison Hobley, Aaron Patterson, Stanley Howard and Leroy Orange -- who at the time were on death row. "The category of horrors was hard to believe," Ryan said. "If I hadn't reviewed the cases myself, I wouldn't believe it. We have evidence from four men, who did not know each other, all getting beaten and tortured and convicted on the basis of the confessions they allegedly provided. They are perfect examples of what is so terribly broken about our system."
Because of the mounting criticism of the Cook County justice system, because the four men were on death row, and because their attorneys had filed for clemency, Hobley, Patterson, Howard and Orange were pardoned. But dozens of others stayed behind, out of the limelight. "These weren't death penalty cases, so they're not nearly as sexy," explained attorney Scott Schutte, who recently represented another Burge torture victim, James Andrews, in a civil suit. "These are run-of-the-mill homicides."
Andrews is one of the few additional torture victims granted new trials or evidentiary hearings. Schutte filed a post-conviction petition in Andrews' case last year, claiming that new evidence had arisen in his case. In October, Cook County Circuit Judge Thomas Sumner vacated his 1984 conviction and in February of this year, the attorney general's office declined to file new charges. His case, then, became the first to be thrown out in Cook County on the basis of torture. Andrews was set free, after spending 24 years in jail for a murder he insisted he didn't commit. "All along, he knew he was going to ultimately prevail," said Schutte.
However, he added that while the attorney general's office did not prohibit Andrews from going free, it didn't help. The attorney general requested bail, which Sumner set at $300,000. "In the larger scheme of things, it's inconsequential," said Schutte. "But the family had to ... bail him out. They cashed out 401(k)s, savings, everything. They did everything they could collectively."
Only one other Burge-related case has moved on the basis of torture and still awaits conclusion: that of Cortez Brown, who has been in jail since 1990. Earlier this year, an appeals court ordered evidentiary hearing in his case after reconsidering his torture allegations. In all, of the 100-plus identified victims of police torture in Chicago, few have been acknowledged and dealt with accordingly. According to Julien Ball of the Campaign to End the Death Penalty, that's because of a lack of "political will" in Chicago to try these cases. "We have people at the highest levels of public office who have built their careers on torture," said Ball. "The state of Illinois doesn't care about you if you're black and you're poor. That's what these cases show."
Joey Mogul, an attorney with the People's Law Office, says some of the lawyers are also to blame. "I think it's an accumulation of racism and classism, as well as a massive cover-up that has led many people to not get fair hearings," she said. "Their lawyers didn't believe them and didn't even request hearings."
Schutte took on Andrews' case pro bono, but Tillman hasn't been so lucky. He currently lacks representation, and despite two appeals, remains in jail for life. "It's just pretty outrageous because all of the physical evidence points to someone else," said Catherine Crawford, a Northwestern University professor and attorney who was on a team of lawyers representing Leroy Orange and has researched Tillman's case and attempted to find him legal counsel. "But they had gotten a confession out of him before they found the stolen car. I think it's just one of those situations where the police said, 'Well, we don't want to throw out this confession so we're just going to pursue this case based on our original theory.'"
Robyn Ziegler, spokesperson for the attorney general's office, told AlterNet that all Burge-related cases are "in various stages of the post-conviction process," and that, "Ethically, the attorney general is obligated to handle each case individually based on the facts and history of the case. No two cases are the same."
But advocates for victims of police torture contend that it shouldn't matter. "In each case, the same thing needs to happen," said Ball. "Madigan needs to order evidentiary hearings so torture victims can present evidence of torture on the way to winning new trials. Regardless of the differences in individual cases, every single torture victim deserves a new trial where 'confessions' that were electroshocked, beaten and suffocated out of them are not used against them." Zeigler claimed that the attorney general does not have the authority or power to initiate new hearings.
But on July 10, 2007, the Cook County Board of Commissioners passed a resolution urging Madigan to do just that.
On July 18 of this year, members of the Campaign to End the Death Penalty, lawyers from the People's Law Office, religious and community leaders and relatives of the wrongfully imprisoned rallied in front of Madigan's office.
"Every day Lisa Madigan sits and does nothing is a day she is furthering a cover-up," said Marlene Martin, national director of the Campaign to End the Death Penalty. "We're here to ask her to have guts."
The group, which had been there twice already this year, delivered a letter with more than 400 signatures from organizations, religious institutions and concerned citizens, asking Madigan to take action on the cases of the Burge victims who remain behind bars. They are also seeking reparations, in the form of psychological treatment and financial compensation, particularly since the vast majority of the Burge victims and their families have little if any financial resources to assist them in their legal battles and recovery process.
Michael Tillman is currently being held at Menard Correctional Center in southern Illinois, about a six-hour drive from Chicago. His mother, Jean, says she used to go down and visit him twice a month, but "with gas prices the way it is, I haven't been able to get down there." Since Tillman went to jail 24 years ago, his girlfriend, Princess, left Chicago with their two children and stopped keeping in touch with the family. "After all of this happened we stayed together for a while and then we all separated," she said. "I can't tell you why." She says the kids, who are grown now, haven't been to visit him for "about ten years."
"He's missed out on everything -- his kids, his family, just life," she said. "He was just snatched away from us. It's a dreadful experience to go through."
Jessica Pupovac is an adult educator and independent journalist living in Chicago.