Water cure, 1966

In the early evening of January 1, 1966, Chicago police officers arrested Fred Alexander and another man. The two, both of whom were Black, were taken to Area 1 headquarters.

At trial, Alexander testified that the officers cuffed him to a chair in the basement of the station and left him there for three hours. When they finally returned, the officers questioned Alexander about two recent robberies, one of which had involved the shooting of a bystander. Alexander testified that when he denied that he was involved, one of the officers hit him across the nose so hard he fell off the chair he was cuffed to. Then the officers kicked him and began to beat him with their fists and sticks. Alexander said that when he continued to deny that he was involved in the robberies, the officers took him to a nearby water fountain. There, they held his head under water three or four times.

At that point, Alexander confessed. Strangely, that confession was never reduced to writing. Instead, police officers testified about their memory of his oral confession at his trial. The only other evidence linking Alexander to the crimes was a gun that was found on the roof of Alexander’s apartment building. Other evidence presented at trial established that the gun, which was identified as the weapon used during the robberies, belonged to the man Alexander had been arrested with.

Alexander challenged his confession at his trial, arguing that it had been coerced by torture. To support his motion to suppress, he described his mistreatment at the hands of the police. He also offered testimony from the other man who had been arrested with him and a doctor from Provident Hospital, who treated him that evening. Both testified that they saw lacerations on Alexander’s face after his interrogation. The doctor also testified that he sutured a laceration on Alexander’s forehead. In addition, Alexander offered into evidence the “Inmate’s Record” that was prepared by an intake officer at Cook County Jail when Alexander was admitted following his interrogation. That official document recorded that at the time he was admitted to the jail Alexander had a cut on his left cheek and a “hemorrhage in the rt. eye–bad.”

The police officers who testified denied that anyone struck or otherwise abused Alexander. The judge, John Fitzgerald, who heard the case without a jury, denied the motion to suppress the confession. He found Alexander guilty and sentenced him to 1-5 years in prison.

On appeal, the First District Appellate Court reversed the verdict, relying on the “established rule that where an accused suffers injuries while in police custody, clear and convincing proof is required to establish that injuries are not the result of police brutality.” (Illinois v. Alexander, 96 Ill. App. 2d 113, 119-120 (1st Dist. 1968)). That court concluded that the police had failed to offer sufficient proof they had not caused Alexander’s injuries.

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erdale13

Writer. Formerly civil rights attorney. Currently professor. Working on new book about mental disability and criminal law in the 20th century.

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