Page 12 - November 2015

THOMAS MCDONAGH
FIELD REPRESENTATIVE REPORT
The Lodge was informed that multiple Chicago Police Officers were the subject of accusations in Judge Claps’ courtroom at the Leighton Criminal Court Building. During a court proceeding, an individual involved in a burglary claimed that one of the responding officers utilized excessive force during his arrest and processing. This offender was unable to provide any physical description of the accused officer. Furthermore, Judge Claps asked the offender whether he could provide any indentifying characteristics of the officer and
the offender could not.
At that point, Judge Claps instructed the prosecutor to
draft an order, which he subsequently signed, forcing the Chicago Police Department to produce photos of all offi-
cers involved in the arrest in an effort to identify the offend-
ing officer. The Department has since produced the photos and the case is set for a hearing on the offender’s motion to sup- press as well as the identification/lineup proceeding.
The Judge’s actions in this case are troubling for a number of reasons. It is very unusual for a judge to conduct a proceeding in a way that effectively makes himself a witness in the case. I have been a detective for 15 years and have never heard of any circumstances such as these ever arising. I reached out to my colleagues, as well as several seasoned prosecutors, and they too had never heard of such an order coming down from the bench.
The Independent Police Review Agency (IPRA) routinely con- ducts investigations into matters in which the identity of the accused officer is unknown. In these specific cases, IPRA will ini- tiate an investigation and compile evidence. In an effort to assist the complainant, this evidence always includes officer photos. Since this is the standard procedure at IPRA, one would be led to assume that Judge Claps must have no idea that IPRA exists, or he doesn’t think the agency does a sufficient job.
There are two major issues that arise from Judge Claps’ deci- sion: whether he can conduct a line-up and how the line-up will be conducted. After having several conversations with Attorney Dan Herbert about this issue, I asked him to conduct some legal research on the subject. Herbert had never heard of a situation like the one Judge Claps immersed himself in, and he asked around to other colleagues that also never witnessed anything like it. After some research, Herbert concluded a judge cannot conduct his own lineup, nor can he order a lineup on his own. The law is clear that the U.S. system of justice is an “adversarial
The law is clear that the U.S. system of justice is an “adversarial system” and not an “inquisitorial system.
What makes a system adversarial rather than inquisitorial is . . . the presence of a judge who does not (as an inquisitor does) conduct the factual and legal investigation himself, but instead decides on the basis of facts and arguments pro and con adduced by the parties.”
system” and not an “inquisitorial system.” Herbert further relat- ed that this is important because, "What makes a system adver- sarial rather than inquisitorial is . . . the presence of a judge who does not (as an inquisitor does) conduct the factual and legal investigation himself, but instead decides on the basis of facts and arguments pro and con adduced by the parties.” McNeil v. Wisconsin, 501 U. S. 171, 181, n. 2. Under the adversarial system, courts are generally limited to addressing the claims and argu- ments advanced by the parties. Henderson v. Shinseki, 131 S.Ct. 1197 (2011); See Sanchez-Llamas v. Oregon, 548 U. S. 331, 356-
357 (2006). I am not a lawyer, but it seems to me that that Judge Claps overstepped his authority in this case.
The secondary issue in this case is how exactly the line- up is to be conducted. There is a clear-cut law that details how law enforcement lineups are to be conducted in the state of Illinois. However, is the judge’s order for a lineup
subject to the statute?
In January of 2015, the state of Illinois passed a statute (725
ILCS 5/107A-2) regulating the lineup procedure to be used by law enforcement. The Chicago Police Department issued Special Order S06-02 immediately after this law went into effect, and it is the system used by our members. The question now becomes: If a judge can order a lineup on his own, would he or she be subject to the new law? Not to mention, who would administer this line-up? Other questions that Herbert and I have discussed include: Who is responsible for the showing of the lineup, or in this case the photo array? Who inventories the line- up after it is conducted? Is he or she bound by the same stan- dards spelled out in a statute for law enforcement?
Judge Claps has decided to play the role of law enforcement and it is the position of the Lodge that he be subject to the same procedures required of law enforcement officers. One of the first lines in the new Illinois statute on lineup procedures specifically calls for an independent administrator to conduct all lineups. So who is this independent administrator: Judge Claps?
We have been in constant contact with Herbert and the mem- bers directly affected by this debacle. Lodge 7 President Dean Angelo, Sr. has had multiple conversations with Chief Judge Timothy Evans in hopes of resolving this issue and ensuring that it never happens again.
Removal of Parole Board members
Two Illinois Prisoner Review Board members were removed from the Parole Board after a state investigation revealed some improprieties, including bankruptcy and other false financial fil- ings. By allowing these parolees back on the streets, the Illinois Prisoner Review Board has failed not only the law enforcement community, but also the citizens of Illinois. There needs to be some level of accountability when these criminals are released back into society having only served the minimum sentence. The Lodge will demand that the new appointees be held respon- sible for their actions and decisions going forward.
Looking forward to this upcoming holiday season and I wish everyone a Happy Thanksgiving! d
‘26th & Cal’ debacle
12 CHICAGO LODGE 7 ■ NOVEMBER 2015