Cook Co. officials defy judge in torture case

If you've ever wanted to see a Cook County Commissioner go to jail, tomorrow could be your chance.

A majority of the board voted to defy a Cook County judge and continue refusing to pay special state's attorneys.

Commissioner Earlean Collins, who voted to defy Judge Paul Biebel, Jr., head of the Cook County's criminal court division, will appear before him tomorrow. With her will be fellow Commissioner Peter Silvestri, who voted to obey the judge.

"Let us go to court," said a defiant Collins at Tuesday's board meeting.

The showdown comes after the county has paid out $7 million over five years for the special prosecutorial services of Edward J. Egan and Robert D. Boyle in the investigation of former Chicago police Commander Jon Burge.

Burge was accused of torturing dozens of suspects to elicit confessions. In a report issued in July of 2006, Egan and Boyle concluded Burge probably did torture victims, but that the statute of limitations under which Burge could be prosecuted had run out.

The regular Cook County State's Attorney's Office was not allowed to investigate the Burge matter because of an inherent conflict of interest: Several torture victims allege county prosecutors were aware of the torture and did nothing to stop it or prosecute it. Biebel ordered the special prosecutors assigned to the case and specified that the county be ordered to pay their salaries.

More than a year after Egan and Boyle issued their report, Commissioners were dumbfounded as to why they were still paying the two when their work was apparently finished. The board voted Sept. 6 to halt any future payments.

The head of the Cook County State's Attorney's civil division bureau, Patrick Driscoll, said Tuesday the two are investigating further complaints that have arisen since the report was submitted. Additionally, there are several civil suits pending from the torture cases, and Egan and Boyle are responding to subpoenas for information in those cases.

Driscoll advised the county commissioners to obey the judge's order, saying they had no defense under which to do otherwise. Tuesday's vote was a vote to revoke their Sept. 6 vote, and Driscoll urged a "yes" vote.

Commissioner Tony Peraica joined those voting to disobey the judge, saying a legitimate constitutional issue as to division of powers existed, and whether, once the prosecutors had concluded their duty of prosecuting, the county could be made to continue paying.

Driscoll told commissioners that they, at least theoretically, could face incarceration if the judge finds them in contempt.

Commissioner Michael Quigley said he would rather face jail and be able to look at himself in the mirror than to participate in a system where the only persons likely to be punished for police torture were commissioners who objected to special prosecutors failing to prosecute.

A more likely, less-drastic order from Judge Biebel could be to order the county comptroller to cut the checks for the special prosecutors regardless of what the county commissioners say.

Voting to disobey the judge were Democratic Commissioners Jerry Butler, Forrest Claypool, Collins, Roberto Maldonado, Joseph Moreno, Quigley, Robert Steele, and Larry Suffredin. They were joined by Peraica, a Republican.

Voting to obey the judge were Democrats William Beavers, Joan Murphy and John Daley.

They were joined by Republicans Liz Gorman, Tim Schneider and Silvestri. Voting Present was Democrat Deborah Sims. Republican Gregg Goslin was absent for the vote.