Madigan warned of Burge backlash

Illinois Attorney General Lisa Madigan will face a political backlash from black voters if she insists on washing her hands of torture cases tied to former Area 2 Chicago Police Cmdr. Jon Burge, an influential alderman warned Tuesday.

Ald. Ed Smith (28th), former chairman of the City Council’s Black Caucus, fired off an angry letter to Madigan four days after the attorney general’s office asked to have supervision for five of the 25 Burge cases shifted back to the state’s attorney office.

“If this is shifted back, it’s gonna get lost in the cracks, put on the back burner and nothing will happen. Those people who are in jail will remain in jail. I want her to follow these cases to fruition and make sure that justice is served from her office,” Smith said.

If Madigan insists on passing the hot potato back to the state’s attorney’s office, Smith warned that she would pay a price in a race for governor, the U.S. Senate, the Illinois Supreme Court or even for re-election.

“Our community is still upset about these cases. It could give the impression that she just wants to walk away and let it go. It could be an adversity if she ran again,” he said.

Cara Smith, Madigan’s deputy chief of staff, said three defendants already have been set free after exhaustive investigations by the attorney general’s office. Information is being collected on eight other cases.

“Every single one of these cases gets the utmost attention and resources from this office. Her goal is to seek justice in every case, and she has done so,” Smith said of Madigan.

In the five cases Madigan now wants to give up, Smith said, “Nothing has happened for years. Defense attorneys have not even filed post-conviction petitions that start the process and frame the issues.”

Madigan’s office has been handling the Burge cases since 2003, when Chief Criminal Court Judge Paul Biebel found that then-State’s Attorney Richard Devine had a conflict of interest because Devine once represented Burge.

“Given the fact that there has been no activity and the fact the conflict no longer exists, we have asked Judge Biebel to consider assigning them back to the state’s attorney, where they would have been if not for Devine,” Smith said.

Burge was indicted last year on charges of perjury and obstruction of justice for allegedly lying when he denied under oath that torture took place under his command.