Unprecedented police conviction in Chicago opens door for reform

Marco Proano

On Monday a federal judge and prosecutor made history by charging a veteran Chicago police officer, Marco Proano, of using unreasonable force and wounding two teens, based on a December 2013 dash cam video. The 16 shots that he fired into a stolen car driven by black teenagers, turned the circle on a long, and painful episode of police abuse that had been the bane of those seeking lawful, and effective policing.

For Chicago history, it was doubly significant because in the past decades there were never convictions when the police used excessive force, mostly resulting in death, but also torture, as the infamous police Cmdr. John Burge, who did with black men, in the most vicious manner.

The 42 year-old police officer had also been charged earlier, and escaped prosecution, but remained on the force, in fact, for the August 2011 shooting of another teen, 19 year old, Niko Husband, at close range, but he was cleared of wrongdoing for the shooting, and also given a commendation for valor.

A judge later awarded his mother $3.5 million dollars, but it was overruled, and is currently on appeal.

The significance of this charge, and conviction, was a surprise to many, but in one manner helps to begin to close the circle on a long, and sad history, that had as its apex the, by now infamous police shooting, and videotaping, of 16 year- old, Laquan McDonald, being shot 16 times; which in turn, set a series of public protests, the defeat of States Attorney Anita Alvarez, and demands for the resignations of Chicago Mayor Rahm Emanuel. All of which garnered national headlines.

Coming on the heels of an 11th hour Obama era Department of Justice investigation, the attempt to right the wrongs of the past, especially racial justice, with not only the McDonald case, but others, was the revelation of inadequate police training, from a recent Department of Justice investigation.

U.,S. Attorney General Loretta Lynch, made the announcement, this January, accompanied by U.S. Attorney Zachary Fardon, and Vanita Gupta, the Justice Department head of civil rIghts. The three held a news conference at the Dirksen Federal Building in Chicago's Loop, where Lynch said the report “found “reasonable cause” that the Chicago police department engaged in a pattern of using excessive force in violation of the Fourth Amendment of the U.S. Constitution. She blamed that partially on “severely deficient training procedures” and “accountability systems.”

“Chicago police have shot at fleeing suspects who weren’t an immediate threat, failed to address racially discriminatory behavior within the department and put their own officers at risk”, the Chicago Sun-Times, reported at the time.

The 164 page report came after an initial rejection by Emanuel, calling it “misguided,” but facing a mountain of criticism, including increased calls for his resignation, he relented. And, in response, he said that he would, in breaking a long-held use of police overtime, ask for 970 new police officers, although not specifying how he would pay for them in a city with a previous legacy of financial mismanagement, mostly over delayed pension payments for city, and municipal workers.

The mixture of neglect, denial, economic problems, and partisan bickering has made an unenviable position for the city, as it deals with record crime, but also has to contend with President Trump who faces off his critics, and inflames his base by citing  Chicago as an example, of the horrors of reformed policing, by liberal advocates.

Added to the mix is Attorney General Jeff Sessions, who has adamantly said, that he would not agree to a consent decree to enforce the DOJ recommendations made by Lynch.

Monday’s unprecedented move carries a maximum of ten years, although legal experts say that since Proano, has no priors, this could be reduced, but also signals that there is a new dawning in police even being convicted.

“The vast majority of Chicago police officers do their job with vigilance and with respect for the constitutional rights of the citizens that they protect,” Acting U.S. Attorney Joel Levin said after the verdict was read. “In this situation, that’s not what Marco Proano did.”

As the Chicago Sun-Times reported, not all are pleased with the decision. Kevin Graham, president of Chicago’s Fraternal Order of Police, reacted with a statement that said, “the pressure on the police is making the job extremely difficult.”

“It seems that the criminal elements in our society are not accountable in our justice system, while the police face an intense scrutiny for every split second decision they make,” Graham said. “We will meet with our legal advisers to consider the next steps.”

Chicago city politics almost always reveal, more than is seent, and in this view Proano’s charge also gives rise to continue the DOJ recommendations, and while Emanuel has said that he wants to partner with State Attorney General Lisa Madigan in tackling the myriad of CPD related issues, there is much more to be probed.

Lisa Madigan

Veteran Sun-Times City Hall reporter Fran Spielman asked the question, “If Emanuel was really embracing federal court oversight over the Chicago Police Department, why did City Hall ask a judge just the other day to dismiss a similar lawsuit on grounds that CPDs “extensive, ongoing reform efforts” made the legal claims a moot point?”

Taking it even further, “And if Emanuel and Madigan were truly partners, why did the attorney general feel the need to file a federal lawsuit that holds a legal hammer over the mayor’s head?”

It appears that this may be a necessary first step, Spielman noted, “Corporation Counsel Ed Siskel said there’s a simple explanation for the seemingly adversarial lawsuit. It’s the necessary legal step before a federal judge will order the parties to negotiate a consent decree.”

Certainly, there is pressure for Emanuel to honor his commitment for a consent decree and that this first step, also supported by University of Chicago law professor, Craig Futterman, may be it.

“The Trump administration wasn’t even willing to pursue the concept they proposed themselves,” the mayor said. “I am proud that the Illinois attorney general is standing up for our city, for its residents and for our police officers where the Trump administration fell flat.”

Madigan added, “We are essentially stepping into the shoes of the Department of Justice — shoes that the DOJ has abandoned.”

Whether forced, or not, the Madigan effort merits some praise by many, but not by Graham who calls it a “potential catastrophe,” and would further “handicap the police force.”

While that argument has been promulgated before, the sense of justice, by police reform advocates has merit as does, Emanuel’s reservations that in previous cities’ efforts have “come at the expense of public safety.”

Futterman does make a valid point when he says, “If this just turns into another deal between politicians that excludes the community from a formal role in negotiating what’s in the deal and enforcing the deal, it lacks any credibility and it won’t be trusted,” he said.

The old adage, of one step forward, two steps back seems to apply, but maybe it should be two steps forward and one back, the first being the Proano conviction, and the second Madigan’s lawsuit.

In a philosophic vein, can the city afford to go forward without the consent decree, and despite Graham’s negative assertions, can the city afford more cases like McDonald, and the ensuing negative publicity, especially as Emanuel seeks reelection?