June 18, 2010

The testimony of a former detective

In this week’s Burge trial proceedings Michael McDermott, former detective who worked under Burge in the 1980’s, was expected to testify that he witnessed Burge coerce a robbery confession by abusing the suspect. However, McDermott’s testimony on Monday took an unexpected turn, contrasting his 2008 testimony in which he said that he witnessed Burge repeatedly suffocate the suspect with a plastic bag and put a gun to his head.

In court on Monday McDermott said that since 2008 he has had time to reflect on what he experienced during the 1985 interrogation of armed robbery suspect Shadeed Mu’min. He did admit to having seen a confrontation between Burge and suspect Mu'min during the interrogation, but he no longer believes that the confrontation constitutes abuse. With regards to Burge’s behavior during the encounter, McDermott said "At this point, after reviewing it, I think it was inappropriate, but I don't want to say it was abuse". McDermott said that Burge may have pointed a gun at Mu’min’s head and that he was waving a gun in Mu’min’s direction, but that given his conflicted line of sight he couldn’t be sure. McDermot says that he misspoke in his 2008 testimony when he said he saw Burge cover Mu’min’s head with a plastic bag. He now says that he saw Burge place the plastic over his face.

The testimony of a fifth torture victim

Shadeed Mu’min took the stand on Tuesday, and in many ways his testimony is supported by McDermott’s. Consistent with McDermott’s claim that Burge placed a plastic bag against his face, Mu’min said that Burge pressed a plastic bag against his face until he passed out. Burge did this three times during the 1985 interrogation before Mu’min said “Just don't do it anymore” and that he would tell him what he wanted to know. Mu’min said that before suffocating him Burge had played Russian roulette, pressing a gun loaded with one bullet against his forehead and repeatedly pulling the trigger.

In the cross-examination of Mu’min, the defense brought up the fact that Mu’min was located in Cook County Jail at the same time that three other torture victims were there (Melvin Jones, Andrew Wilson, and Aaron Patterson). The defense implied that Mu’min heard other prisoner’s claim they had been tortured and decided to do the same. However Mu’min has never filed a civil suite against Burge and on Tuesday he admitted that he did take part in the armed robbery to which he had confessed. The defense was therefore unable to successfully show a motive for Mu’min lying about having been tortured by Burge.

Shadeed Mu’min was the last of the five torture victims to take the stand. The prosecution subsequently rested its case on Tuesday afternoon.

Defense files motion for acquittal

Also on Tuesday, defense attorney Marc Martin filed a motion for judgment of acquittal claiming that Burge did not sign an interrogatory on which the perjury claim relies while under oath. While the defense argued that no oath was taken, Judge Lefkow ruled that the prosecution had shown that there was an oath. The perjury charge and both the obstruction of justice charges still stand.

Jon Burge takes the stand

On Thursday and Friday, Jon Burge took the stand and denied that he abused anyone or that he saw anyone being abused by police officers in his career with the Chicago Police Department.  Burge explained that all suspects willingly gave confessions to him and other officers due to their use of effective interrogation techniques, not torture. When questioned by the prosecution Burge became angry, insisting that he was telling the truth. At one point, when the death of two officers in 1982 was brought up, Burge began to cry and was handed a tissue by the Judge. Over the course of the two days, Burge recounted the arrests and interrogations of Andrew Wilson, Anthony Holmes, Melvin Jones and Shadeed Mu’min. His testimony will continue on Monday, June 21.

For more information on the Chicago Police Torture Cases see Midwest Coalition for Human Rights resources.

This Week's  News on the Jon Burge Trial

Chicago Sun Times: Retired detective: Never saw Burge put bag over suspect's head - June 14, 2010

Chicago Tribune: Witness expected to say he saw Burge smother suspect - June 14, 2010

Chicago Tribune: Burge witness pulls back from earlier testimony - June 14, 2010

Chicago Tribune: Prosecution rests in Burge torture trial - June 15, 2010

Chicago Tribune: Burge to take the stand at trial - June 16, 2010

The New York Times: Former Police Commander Denies Abuse - June 17, 2010

Chicago Tribune: Feisty, emotional Burge denies torture - June 17, 2010

The Associated Press: Fired Chicago police lt. denies torturing suspects - June 18, 2010

Chicago Sun Times: Jon Burge, at times in tears, denies torturing suspects - June 18, 2010

See also: Jon Conroy's blogs on the Burge trials