Judge tempers down Cook board showdown

Cook County Criminal Court Presiding Judge Paul P. Biebel Jr. -- in an hour-and-a-half closed door session Wednesday -- appeared to diffuse a showdown between special prosecutors and the Cook County Board.

County board members had set the showdown in motion Tuesday by voting to disobey Biebel's order to pay special prosecutors Edward J. Egan and Robert D. Boyle, who are looking into the torture of suspects by former Chicago police Commander Jon Burge and his staff.

Boyle and Egan were appointed by Biebel to look into the torture cases because Biebel decided the regular Cook County State's Attorney's Office had a conflict of interest -- administrators in that office were accused of knowing about Burge's torture of suspects but doing nothing about it. Biebel also ordered Cook County to pay for their work.

After five years, the Egan and Boyle issued a report last summer that concluded Burge had indeed tortured prisoners, but that they were powerless to prosecute him because the statute of limitations had run out.

County Commissioners, however, grew frustrated with the $6.6 million tab for the 'prosecution' that resulted in no charges, and were puzzled as to why they were still paying for the two special prosecutors a year after they issued what the board thought was their final report.

Chief among those commissioners was Earlean Collins, a Chicago Democrat. She and eight other commissioners voted Tuesday to defy the order.

But Wednesday, after the closed-door session, Collins emerged singing another tune. She said she was satisfied that the two were still performing necessary work, and that she would call for a special board meeting next week to have fellow commissioners reverse their vote.

What may have also placated Collins was the announcement by Boyle that he and Egan have been ordered to turn over to the U.S. Department of Justice the grand jury testimony. Boyle revealed the order in an open court hearing held after the closed session. The revelation was not completely new, because U.S. Attorney Patrick Fitzgerald confirmed last week he is investigating the case.

But Collins also was apparently told in the closed session that Illinois State's Attorney Lisa Madigan is investigating the torture cases as well.

"Lisa Madigan has taken a very active role," said Collins after the hearing.

Madigan's office could not be reached for comment Wednesday evening.

Also placating Collins was the communication that part of Boyle and Egan's expenses are rent to keep safe the files from their case. The files can't simply be turned over to the state's attorney's office because of its conflict of interest.

Despite Collins' indication that she would encourage the board to reverse course, Egan angrily rose to demand Biebel order them to deliver payment.

Biebel claimed that the board unfairly accused him of "squandering" the taxpayers money and he pleaded with the judge to order payment.

"I'm not ready to accept … that everything was done on the part of the county board in good faith," said Egan.

Biebel declined, but made clear that if the board hasn't reversed course by next week, he'll likely side with Egan.

"If there's no resolution to this matter, then I'm going to move forward," Biebel said. The next court date is scheduled for Oct. 11.