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First Vice President’s Report
Legal eagles are just a part of our successful defense transformation
When I was elected nearly two years ago, our team, which included Bob Bartlett and Martin Pre- ib, recognized that one of our greatest priorities was to rebuild our legal defense for members.
It wasn’t easy. As we tried to completely overhaul the way the FOP provides representation for our members, we incurred quite a bit of opposition. Change for some can be very difficult, even when it is necessary.
The Civilian Office of Police Accountability (COPA) was established in 2016, with the objective to be the leader in conducting thorough investigations. There are inves- tigators at COPA today who received their master degrees in criminal justice to better investigate cases. As co-chair of Lodge 7 Legal Defense Committee, it is necessary to address how we represent our members.
When asked to give a formal statement, notify the Lodge im- mediately
The antiquated method of a member meeting an FOP attor- ney in the lobby and discussing the allegations in the elevator, with other civilians listening — especially in certain cases — is obsolete. It is extremely important to notify the Lodge imme- diately when you receive a notification to give a formal state- ment. This gives the Lodge attorney an opportunity to properly defend you. Far too many officers have the misconception that a witness statement is just that. Thirty percent of these state- ments are changed to accused statements and should not be taken lightly.
Even today, we are getting a lot of heat, including media crit- icism. There are reporters in Chicago today who are obviously biased. It’s reflected in their words and body language. Some of our members, especially those representing the Lodge, must realize that any interaction with certain reporters will result in negative consequences for our members.
But these are only bumps in the road. The signs that our suc- cessful transformation of legal defense is taking shape are ev- erywhere.
Consider, for example, the acquittal of three members, Thomas Gaffney, Joe Walsh and David March, involved in the Laquan McDonald shooting and investigation afterward. This criminal case was the long-sought holy grail of Chicago’s in- tense anti-police movement, supported heavily by the media. If we had lost this case, I don’t know what we would have done.
Attorneys ripped prosecutor’s case to shreds
All four attorneys — Jim McKay, Will Fahy, Todd Pugh and Tom Breen — did a fantastic job. McKay has long been recognized as a ferocious defense attorney. Fahy has been with us for a long time. Together, McKay and Fahy are an awesome combination, with McKay the more outspoken and aggressive and Fahy more cerebral. The attorneys were extremely well prepared, articulate and worked together as a team. They didn’t just win the case; they ripped the special prosecutor’s case to shreds. It was a wonderful thing to see. This case never should have been taken to a grand jury.
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Our main concern was whether Judge Domenica Stephenson would rule according to the law or give in to the media pressure and find something to convict the officers on. Thankfully, Judge Stephenson ruled according to the law. She completely rejected the special prosecutor’s case.
In representing our members, the attorneys did not kowtow to the media. On the contrary; they declined interviews and statements and focused on keeping the case in the courtroom. After the verdict, they went before the cameras on the first floor of 26th and California and set the media straight. This is a tactic I want to preserve for any cases against our members. It was a great pleasure to watch the media try and spin a verdict that so clearly angered reporters. Joe Walsh spoke only a few words but related the hell his family had been put through.
The next day, things got even better. This was the sentenc- ing of Jason Van Dyke, a sentencing that, some people claimed, could have gone as high as 96 years.
Preparation paid off
But here, we were prepared once again. Bartlett, Preib and I put a lot of work into finding the best attorneys for Jason’s sen- tencing and appeal after he was convicted. Our research point- ed to Darren O’Brien and Jennifer Blagg, the two attorneys who got a direct finding of not guilty for Dante Servin.
O’Brien is considered the state’s foremost expert on sen- tencing, and it showed at the hearing. His concise, articulate, well-researched presentation played a key role in getting Jason a sentence in which he may have to serve less than four years. In the meantime, we are working with Blagg and O’Brien about further work on behalf of Jason.
But the legal defense in connection with the Jason Van Dyke case is only one part of the progress we are making. Two oth- er attorneys whom we brought on board–Tim Grace and Jim Thompson–are also doing a bang-up job.
Their representation of Brandon Ternand in a fatal shooting was fantastic. With an impassioned defense at the police board, they were able to get Ternand’s job back. Now, they are working on the Robert Rialmo case, along with Coughlin and Torres. De- cisions by police officers are made in a split second and it is easy to second-guess — but not when you are the one in those shoes.
Ask fellow members if they are satisfied
In saying these things about our attorneys, I want to ask members to do something: don’t take my word on these claims. Our attorneys meet every day with members about cases, most often at COPA and IAD. Don’t just listen to me telling you about what a great job they are doing. Ask fellow members if they were satisfied with the representation they have received from attor- neys like McKay, Grace, Thompson, Fahy and Jennifer Russell.
My main focus is to ensure that all of our officers are properly represented. I was recently referred to as a “bad apple” in the newspaper by someone employed by the Lodge. It’s easy to hurl accusations against someone, but much more difficult to make the right decision going forward for our members!
PAT MURRAY