A new federal grand jury has been questioning former police officers who may have knowledge of torture dating back more than 30 years, the Chicago Sun-Times and NBC Chicago have learned.
Suspects claim the "Midnight Crew" of officers -- dubbed as such from the overnight hours they worked -- tortured them to gain confessions to horrible crimes.
The investigation comes as federal prosecutors ready their case against former police Commander Jon Burge, who goes on trial May 10, charged with perjury and obstruction of justice.
Burge was the ringleader of a band of seven or eight officers that operated out of Area 2 in the 1970s and 80s, defense attorney Flint Taylor said.
"Under the cover of darkness and the fact that there were relatively few of them, they could do what other detectives felt they couldn’t get away with and that is torture people," Taylor said. "And you just have case after case under them of baggings, of electric shock, of mock executions in the 80’s which was the heyday of the Midnight Crew."
When Burge was indicted in October 2008, U.S. Attorney Patrick Fitzgerald was clear the government did not believe he acted alone.
"We have reason to believe other people may well have lied under oath about that torture abuse," Fitzgerald declared at the time.
Investigations by the city and defense attorneys have uncovered more than 100 cases of police torture dating back three decades, including that of convicted cop killer Andrew Wilson.
Burge was fired by the city in 1993 for his part in the Wilson case, and moved to Florida.
Special Cook County Prosecutors Robert Boyle and Edward Egan were hired to investigate in 2002, and after interviewing more than 700 people said there was evidence to support charges of police abuse in at least 70 cases but the statute of limitations had expired.
In video depositions, Burge exercised his 5th Amendment right and declined to answer questions. But federal prosecutors said in a written statement Burge maintained he never tortured a single suspect.
Prosecutors said Burge lied and that led to his indictment.
"According to these charges Jon Burge shamed his uniform and shamed his badge," Fitzgerald said in 2008. The U.S. Attorney’s office had no comment regarding a new grand jury.
But Taylor said he is not surprised.
"Everything that I know and have heard is that they are doing a serious investigation of other henchmen of Jon Burge," Taylor said.
Former Chicago police lieutenant John Byrne who worked under Burge said he was unaware of any new grand jury and that he has not been called to testify. Byrne has always maintained he did not torture any suspect.
Burge’s attorney, Richard Beuke, when asked if he knew of the new grand jury replied, "that I can’t say."
Burge is reported to be in the advanced stages of prostate cancer. Regardless, Beuke said he and his client are ready to go to trial. Both sides will appear in federal court Thursday for a status hearing in which the Burge team will try to exclude some of the government’s evidence.
Taylor, who has represented numerous victims who claim they were tortured, said the case of Jon Burge and those who served under him needs to be brought to a conclusion. “There will not be any real justice until those who worked for him and with him are also indicted,” he said.
