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* Some background…
The Illinois Torture Inquiry and Relief Commission (TIRC) was formed by the Illinois General Assembly in 2009 to investigate claims of torture by former Chicago Police Commander Jon Burge or officers under his supervision. TIRC examines claims of tortured confessions and determines whether sufficient evidence of torture exists to merit judicial review. Convicts whom the Commission refers to court then receive a new hearing on whether their confessions were the product of torture and whether they deserve a new trial.
* The last paragraph in this excerpt of a recent Tribune story caught my eye…
A Cook County judge last year moved cases involving allegations of torture by a former Chicago police detective to Will County, because the detective was married to another sitting Cook County judge. […]
But in a surprise move nearly a year later, the special prosecutors assigned to cases connected to former CPD Detective Kriston Kato are taking aim at a 15-year-old statute enacted in the wake of allegations surrounding notorious ex-CPD Detective Jon Burge that created a torture commission to investigate claims of police abuse. […]
The defense attorneys have filed a motion to disqualify Fabio Valentini and Maria McCarthy, former prosecutors now in private practice, from serving as special prosecutors on the case. […]
“They’ve charged the taxpayers about half a million dollars for work on this case already to try to strike down (the) statute,” said Jennifer Bonjean, a defense attorney representing a man who has accused Kato of coercing a confession by torture. “They’re trying to invalidate the crown jewel legislation that responded to our terrible history of police brutality led by Jon Burge.” […]
Among other arguments in their motion, the special prosecutors contend that the commission’s ability to refer cases to judges for a hearing violates the Illinois constitution’s separation of powers clause by infringing on judicial authority. They make a similar argument to that made by prosecutors challenging the elimination of cash bail by the Illinois legislature.
This is a puzzler for sure. Special prosecutors who’ve already allegedly billed half a million bucks for their work now want the whole process dissolved?
* From the filing…
Consequently, and for the following four reasons, this Court should dismiss the [Illinois Torture Inquiry and Relief Commission’s] referral of the Kevin Murray matter:
• The [Administrative Review Law], which the TIRC Act specifically incorporates, prohibits evidentiary hearings during judicial review;
• the ARL does not authorize the remedies [granting a new trial or vacating a sentence] that Murray seeks in connection with the TIRC referral;
• because TIRC determinations are not “final decisions” and because the TIRC referrals are not “justiciable matters” (i.e., matters where parties with concrete and adverse legal interests have litigated those interests in a civil forum) the circuit court lacks subject matter jurisdiction to conduct any review of those determinations under the TIRC Act; and
• because the TIRC Act requires the circuit court to hold an evidentiary hearing on a TIRC referral, the TIRC Act is unconstitutional where it violates the separation of powers provision in the Illinois Constitution, Ill. Const. 1970. art. II, § 1, because it abrogates the inherent authority of the judiciary to dismiss a TIRC Act claim prior to an evidentiary hearing.
posted by Rich Miller
Wednesday, Mar 22, 23 @ 12:20 pm
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From the Tribune article:
“Leonard and Bonjean both filed motions to disqualify the special prosecutors, arguing that Valentini and McCarthy worked in the felony review division, tasked with reviewing evidence from police for felony charges, while Kato was a detective. Valentini even prosecuted a case that involved allegations against Kato, the motion says.
“If (the Cook County state’s attorney’s office) was conflicted out because they practice before his wife, this is an actual conflict that went from the appearance of a conflict to an actual conflict,” Bonjean said.”
Comment by Keyrock Wednesday, Mar 22, 23 @ 12:35 pm
I would love to see the memorandum of law they filed with the motion. That Valentini is one of the special prosecutors is interesting — he’s one of the few state’s attorneys ever called out by name for prosecutorial misconduct by the appellate court.
https://www.chicagotribune.com/news/ct-xpm-2001-11-14-0111140358-story.html
Comment by pc Wednesday, Mar 22, 23 @ 1:21 pm
I’m not sure what is up with this piece, but in the field of criminal justice any bodies separate from the chain of command….arrest, investigate, prosecute…can confuse the works. this is certainly not as complicated as Chicago’s police disciplinary morass, but anytime paper is created, there’s more happening that can confuse outcomes.
Comment by Amalia Wednesday, Mar 22, 23 @ 1:23 pm
===I’m not sure what is up with this piece===
You and me both. lol
Comment by Rich Miller Wednesday, Mar 22, 23 @ 1:26 pm
lol…what is up. so a quick read makes me think that the Torture Commission claims full jurisdiction when in fact it does not have that. so maybe they want to wipe away the confusion so they can move on what facts they have. have not looked lately to see about the Torture Commission, but there was at least one former Cook County ASA on that body who is a very fair minded progressive person. as for PC’s comment about Valentini as one of the few ASAs called out by name, yeah there are some who are infamous. he and McCarthy are generally regarded as very good lawyers.
Comment by Amalia Wednesday, Mar 22, 23 @ 1:48 pm
also, hilarious PC, the article you link also criticized Robert Milan, who went on to be hired by St. Patrick Fitzgerald in the USAttny’s Office. if you gave the name of a former ASA who was suspended, I’d be impressed.
Comment by Amalia Wednesday, Mar 22, 23 @ 1:52 pm
===Special prosecutors who’ve already allegedly billed half a million bucks for their work now want the whole process dissolved?===
They don’t bill for legal work in front of the Commission. They are there because the CCSAO has a conflict of interest. Now, representing the People, they argue the Commission is unconstitutional. I’d say why does the CCSAO allow this, but the conflict is the answer. Some people just love a lost cause.
Comment by Three Dimensional Checkers Wednesday, Mar 22, 23 @ 1:55 pm
Confusion is the…continuing method.
Comment by Dotnonymous Wednesday, Mar 22, 23 @ 2:24 pm