Book review

A nice review of my book by Mara Dodge in the September 2017 Journal of American History (unfortunately the rest is behind a paywall):

In Robert Nixon and Police Torture in Chicago Elizabeth Dale provides a thought-provoking, well-written, and meticulously researched history of police violence. Using newspaper accounts and the records of eighty-six court trials, she identifies four hundred cases involving defendants who claimed that police used force or coercion, usually in an effort to extract confessions. The coercive techniques included physical abuse, deprivation, psychological pressure, and holding suspects incommunicado. Dale, a former Chicago civil rights attorney and a professor of history and law, is ideally qualified to explore these issues.

 

 

A Forgotten Resource on Deadly Force in Chicago (1969-1970)

Recent efforts to investigate and prosecute Chicago police officers for shooting at, or killing, civilians have drawn attention (yet again) to the use of deadly force in that city and the difficulty of prosecuting those cases. But the problem is not a new one. In the two-year period from January 1969 through December 1970, Chicago police officers killed 79 civilians. A report prepared by the Chicago Law Enforcement Study Group established that civilians in Chicago had a higher risk of being killed by police than civilians in the four other largest cities in the country (New York, Los Angeles, Philadelphia, and Detroit) (Report, p. 11, 14).

More to the point, the report found that the majority of the people the police killed in that period were Black, male, and less than 25 years old. According to that report, Blacks in Chicago were six times more likely to be killed by a police officer than their white counterparts (Report, p. 74).

The report also concluded that police misconduct was involved in at least 37 % of the deadly force cases in that period (Report, Table 15 & p. 74). Yet in those 76 cases, there were no convictions.*  This was largely because the various groups charged with investigating or prosecuting absolved the police officers involved (Report, p. 38):

  1. Chicago police pressed criminal charges in only 2 cases.
  2. The Cook County state’s attorney’s office presented only 4 cases to the grand jury.
  3. The grand jury indicted only 1 officer.
  4. At trial, the one officer charged was acquitted.

In addition, the report noted that the Cook County Coroner’s Jury found the homicide justifiable in 65 cases, or resulted from an accident 9 times. The coroner’s jury concluded only 1 of those 76 cases involved involuntary manslaughter, and that only 1 of those cases seemed to be murder (Report, p. 40).

The Law Enforcement Study Group investigated criminal justice in Chicago between 1970 and 1985. Their research, which is gathered at the Chicago History Museum, looked at domestic violence (including police response to complaints by battered women), homelessness (including police treatment of homeless people), and the juvenile court system. In 1971, the group published a report on police use of deadly force in Chicago for 1969-1970. Unfortunately, that report, “The Police and Their Use of Fatal Force in Chicago,” is out of print and available at only a few libraries. But it is a study that should be given greater attention by those interested in the problems of criminal justice, police misconduct, and the use of deadly force by the police.

 

* Fred Hampton and Mark Clark were also killed by the police in this period. Their deaths, which were still being investigated when the report was completed were not included in these figures (Report, p. 37).

Monroe v. Pape & Police Torture

Fifty-five years ago, in 1962, a trial based on civil rights claim filed by James and Flossie Monroe began in the federal district court in Chicago. The suit sought damages against five Chicago police officers: Lieutenant Frank Pape, Captain Howard Pierson, Sergeant Edward Cagney, and detectives John Bosquette and Edward Bray. At the end of the trial the jury awarded the Monroes $13,000, which would be worth just over $104,000 in 2017.

Although recognized as an important civil rights case, Monroe v. Pape should be remembered as a police torture claim as well.

Continue reading Monroe v. Pape & Police Torture

Police torture

What is police torture?

The United States Supreme Court, in Brown v. Mississippi (1936), equated “confessions obtained by violence” (p. 286) with torture and declared that by either name the practice was unconstitutional. In Chambers v. Florida (1940) the Supreme Court held that in some instances it was torture to when psychological (or mental) pressure was used to obtain a confession.

The view that police torture only occurs during interrogation is fairly standard. In 1931, the National Commission on Law Observance and Enforcement (usually known as the Wickersham Commission) defined the third degree (which it used as a synonym for torture) as “the employment of methods which inflict suffering, physical or mental, upon a person in order to obtain information about a crime” (Wickersham Commission, Lawlessness in Law Enforcement, p. 19). The Commission noted that police in Chicago engaged in “brutal arrests,” but did not include that violence in its analysis of police torture in the city. Courts typically draw a similar distinction between abusive arrests and torture during interrogation, though a few victims have successfully connected violence at the time of arrest and during interrogation into a single claim of torture.

In contrast, the U.N. Convention Against Torture defines torture to include both acts that cause mental or physical pain to obtain information or when law enforcement or instances when government agents engage in the type of vigilante acts that Daniel LaChance aptly calls “street corner justice.” Article 1.1 of the Convention provides:

For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Not guilty

Two Chicago police detectives, Michael Neary and Michael Vaughn, were briefly suspended in 1919 after they arrested Keith Southern (Chicago Tribune, January 3, 1920, p. 13). Southern claimed that while investigating car thefts in November 1919, the two officers beat him at the detective bureau, breaking his ribs in the process (Chicago Tribune, December 8, 1919, p. 17; Chicago Tribune, January 4, 1920, p. A5).

Neary and Vaughn claimed that Southern’s ribs were broken when they had to subdue him to arrest him. Southern pressed charges, but in January 1920 the Civil Service Board dismissed his claims. “There is almost no evidence against Neary,” Captain Coffin, who served as president of the board explained. Coffin admitted that there was “some evidence” against Vaughn, “but it is not enough to sustain the charges”(Chicago Tribune, January 9, 1920).

1 rule for crooks, another for “innocent citizens”

In June 1927, John Kimball, the night manager at Chicago’s Newberry Hotel, charged that Lieutenant Leo Carr and several police officers at the Chicago Avenue station forced him to confess to stealing $100 from the hotel (Chicago Tribune, June 5, 1927, p. 20). Two weeks later, members of a criminal gang admitted to a burglaries, including the one Kimball had confessed to (Chicago Tribune, June 18, 1927).

But the police did not drop the charges against Kimball. Instead, as the Chicago Tribune noted, when Kimball was testifying before the grand jury to help indict members of the burglary gang, the case against him was set for a hearing before a Cook County judge. Since he missed the court date to provide evidence to the grand jury, his bond was forfeited and it was only after lawyers and his employer interceded that the charges against him were dropped (Chicago Tribune, July 2, 1927).

Confronted with Kimball’s claim that he falsely confessed after being beaten at the Chicago Avenue station, chief of police Michael Hughes reluctantly ordered an investigation. Yet Hughes’ condemnation of police misconduct lacked conviction. He did not approve, he said, of police officers mistreating “innocent citizens.” But he added, that was not the rule for everyone.

So long as I am chief of police in Chicago criminals aren’t going to be handled with gloves. That’s one thing you can be dead sure about” (Chicago Tribune, July 3, 1927).

Hughes went on to complain about reformers, criminologists, social workers, and even the ungrateful people of Chicago, who criticized the hard working police, rather than the criminals. The police, he said, “were driving the crooks out of Chicago and we’re not being nice to them.” Rather than help the police, Hughes complained, the public criticized them (Chicago Tribune, July 3, 1927).

The Chicago Tribune expressed some doubts about the distinctions Hughes drew. “There is pretty general acceptance of the theory,” the paper wrote in an editorial, “that the police must beat up a suspected man, if he has a criminal record, to get the facts out of him.” But, the paper went on, it “isn’t a very pretty theory and it doesn’t work so exceptionally well,” since those confessions were often thrown out in court. The paper went on, more pointedly

The fundamental law of the land is supposed to protect any one from cruel and unusual punishment, but that is merely highbrow stuff for the he-man chief” (Chicago Tribune, July 5, 1927, p. 10).

A disgrace to civilization

In 1913, William Kirk, a realtor, was arrested for driving with a missing tail light and taken to Chicago’s 22nd Street police station. While he waited for the paper work on his arrest to be processed, Kirk watched a police officer, later identified as Peter Bronson, bring a young man into the station. Bronson, the young man, and a second police officer, who was later identified as William Sammons, went into a nearby office and one of the officers shut the door. Within seconds, Kirk heard thuds and screams coming from behind the closed door. The noises continued for nearly ten minutes; they stopped only when the police lieutenant, Michael Morrissey, went into the office and, according to Kirk, told Bronson and Simmons to “Take that man to a cell if you want to do any beating” (Chicago Tribune, January 30, 1913, p. 1).

Kirk, who said he followed Morrissey over to the office, looked in and saw the young man on his hands and knees while the two officers were kicking him (Chicago Tribune, January 30, 1913, p. 1).

The Chicago police department opened an investigation after Kirk filled a formal complaint about what he saw at the station. Captain Ryan, of the 22nd Street station, was ordered to prepare a report.

Predictably, there were two very different versions of what transpired.

haas-photo-copy
Chicago Tribune, January 31, 1913, p. 7

The young man who was arrested, Fred Haas, a telegraph operator who worked for Armour & Company, claimed that he was arrested by Bronson at the corner of Clark and 18th streets. Haas said Bronson stopped him because he thought Haas was Robert Webb, a bandit wanted for murder, and then arrested him when he found Haas was carrying a billy club for protection. Haas also said that Bronson was drunk when he made the arrest. Haas’s account was corroborated by Joseph Schmidt, who was with him when he was arrested (Chicago Tribune, January 31, 1913, p.7; Chicago Tribune, February 1, 1913, p. 3). Charles Sullivan, the man who shared a cell with Haas the evening of his arrest, confirmed that Haas was in bad shape when he was taken to the cell: blood covered his face and his clothing was torn (Chicago Tribune, February 4, 1913, p. 6).

While the accounts offered by Haas and Schmidt suggested a mistaken arrest gone very much awry, the police story set out in Captain Ryan’s report on the case hinted at interracial, perhaps homosexual, vice. Officer Bronson told Ryan he arrested Haas, who was white and described in the press as “slim” and “rather weak physically,” at a “negro resort,” a euphemism for a gambling spot often frequented by prostitutes female or male. The resort, according to Bronson, was at 17th and Dearborn streets, at the edge of Chicago’s notorious Levee District (Chicago Tribune, January 31, 1913, p.7; Chicago Tribune, February 1, 1913, p. 3).

As one might expect, the police also denied beating Haas. Officer Bronson claimed that Haas had to be subdued after he resisted arrest, and then again at the station after Haas “became stubborn” when they tried to take him to the cell. But Bronson was sure that nothing else was done to Haas during his arrest or time at the station. (Chicago Tribune, January 31, 1913, p.7).

For some reason, Ryan did not interview either Lieutenant Morrissey or Officer Sammons for his report.

The story quickly became complicated: The Chicago Tribune asked why the police claimed that Haas was arrested for making a disturbance at a resort in an area that the police department claimed had been cleaned of vice. That paper (along with Haas’s attorney) also wondered why no “inmates” of the resort had been arrested with Haas (Chicago Tribune, February 1, 1913, p. 3; Chicago Tribune, February 3, 1913, p. 11). Meanwhile, Charles Thompson, alderman for the 25th Ward, demanded Chicago’s city council investigate the “torture chamber” methods used at the 22nd Street station. “The attack on young Haas was one of the more brutal affairs ever brought to my attention,” the alderman explained,

and it is nearly (sic) time that something be done to protect citizens from outrages of this kind. It is a disgrace to civilization and gives the city a bad name. It isn’t the first time I have heard of brutal police and their tactics. I will do everything in my power to oust men of this type” (Chicago Tribune, February 2, 1913, p. 2).

But then, after all the fury, very little happened. Haas pled guilty to carrying a concealed weapon (the billy club) and was fined $25 (Chicago Tribune, February 5, 1913, p. 12).  And the alderman on the city council voted not to hold an investigation on police use of the use of the third degree. Twenty alderman voted in favor of holding an investigation; 35 voted against doing so (Chicago Tribune, February 7, 1913, p. 6).