Page 10 - February 2020 FOP Magazine

The Ferguson effect: sacrifice the blue shirts
Word has spread across the Chicago Police De- partment that officers responding to check on Eddie Johnson, pulled over in his police car, are in the crosshairs of the City’s inspector general, Joe Ferguson.
It was beat officers working the overnight shift who encountered Johnson, and various news out- lets have raised questions as to why field sobriety tests and a breathalyzer were not administered. Apparently, Ferguson has been listening to his an-
ti-cop media allies.
While the media suggest that any other person pulled to the
side of the road would have been put through the usual walk and turn and one-leg stand tests, and then taken to a station to blow into the breath analysis machine, their opinion lacks foundation. CBS Chicago’s reporting included this accusation of preferential treatment: “Responding officers also did not ad- minister a field sobriety test — rather, they let their boss drive home.”
Chicago Police Officers can be forgiven if they are skeptical of the legitimacy of an inquiry led by Ferguson. His botched han- dling of the investigation into the shooting of Laquan McDon- ald left numerous closely involved exempt members unaffected (including Johnson), while others were allowed to retire to col- lect gold-star pensions (Deputy Chief David McNaughton and Chief Eugene Roy).
But three officers and a sergeant who were fired by the po- lice board are now fighting for their livelihoods in court. Of- ficers who did little more than arrive on scene and state facts now proven in court, and a sergeant whose major offense was forwarding a tactical response report (TRR), were found by Fer- guson to be deserving of separation.
Corporation counsel apparently had such a hard time find- ing someone willing to testify on Ferguson’s behalf in regard to completing a TRR that they resurrected Tina Skahill as their star witness. A star witness regarding TRRs that likely has never ac- tually completed, or even approved, a TRR? Former Chief Ska- hill, who was rehired as a civilian after retiring under unhappy terms during the McCarthy administration, receives both an excessive chief’s pension and a civilian exempt paycheck far ex- ceeding what the sergeant she testified against brought home.
And let’s not forget how Ferguson first stepped onto the anti-police stage with the R. J. Vanecko case. His inept handling of the David Koschman death investigation came to a close recently, and even the reliably anti-cop Chicago Police Board thought that firing a sergeant on the periphery of the investi- gation was absurd. Just like the McDonald case, the responsible parties identified by the police board (a commander and dep- uty chief) retired to enjoy their gold-star pensions. Although the sergeant only received a reprimand, it was after years of un- flattering press, court appearances and uncertainty all brought about by a clumsy and unprofessional Ferguson investigation
10 CHICAGO LODGE 7 ■ FEBRUARY 2020
that appeared to be looking for the front page instead of the truth.
After Mayor Lightfoot’s press conference dismissing John- son as superintendent, it seemed like we might have been on the usual track for a Ferguson investigation. Lightfoot stated she had reviewed evidence, new to her, that exposed Johnson as a liar and suggested that heads would roll. Johnson quickly retired to ensure he could immediately begin collecting his out- rageously inflated pension, and a group of beat cops were left wondering whether Ferguson would be left looking for scalps once again in the rank and file.
Various rumors swirling about a ghost payroll, promotional exam answers for wives/girlfriends, misuse of department ve- hicles, a too-cozy relationship with a uniform store and missing cellphone SIM card added intrigue to the IG’s investigation. Af- ter all, it’s doubtful the phone would shed light on the superin- tendent’s blood alcohol content, but it could hold evidence of inappropriate conduct unrelated to that night in October.
Briefly, the rank and file likely held out hope that Ferguson had turned over a new leaf — maybe he really would look into the misconduct in the superintendent’s office, and this would serve as a warning to future administrations that accountability starts at the top. And yet news has now spread around the de- partment that the officers working the street have been served with charges alleging a cover-up. So it looks like Ferguson is back to his old ways and coming after anyone who doesn’t have a golden pension ticket out.
Various pundits mistakenly have asserted that falling asleep at the wheel of a parked car amounts to reasonable suspicion of DUI and officers were in the wrong for not conducting field sobriety tests. Imagine an alternate ending to the encounter: Officers order the superintendent of police out of his vehicle, a stone’s throw from his house, after observing him pulled over and sleeping. The officers wake him by knocking on his window. Experienced officers will tell you that a driver passed out from alcohol is not easily — if at all — woken by a knock on the win- dow. Working cops know how common it is to find a sleeping motorist, exhausted from work or a long drive.
Once a conversation determines if the driver is sleepy and not a danger to him/herself or others, or is in need of help, he or she invariably is sent on his or her way, sans sobriety tests.
For a DUI driver passed out, an officer is more likely to open a door or, if necessary, break a window to rouse the driver. If someone is so drunk that he or she passed out while driving, said person is likely VERY drunk.
So let’s pretend that Johnson woke up to the knocking, showed his identification and, when asked if he was all right, stated, “I’m good,” as has been widely rumored.
The officers don’t have knowledge that Johnson was unable to control his car. No officer or witness who came forward ob- served him swerving or violating other traffic laws. And if the officers were bent on “covering up” for their boss, the last thing
MARTIN PREIB
SecondVice President’s Report