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Question of the day

Posted in:

* The setup

Chicago Ald. Howard Brookins (21st) is making a blunt claim as he campaigns to become the next Cook County state’s attorney:

African Americans don’t trust county prosecutors, he says.

“Many [prosecutors] have forgotten that they were put in that job to do justice,” Brookins told 30 people at a town hall-style meeting in Markham over the weekend. They’ve “created a culture that has caused a distrust among the entire [African-American] community. . . . People are apprehensive to cooperate with the state’s attorney’s office.”

Brookins’ comments came as he discussed confessions from tortured black suspects two decades ago by former Chicago Police Cmdr. Jon Burge’s crew. Though the Burge abuses date back to when Mayor Daley was state’s attorney, distrust of prosecutors has continued under outgoing State’s Attorney Richard Devine, Brookins said.

Brookins added this tidbit…

But the office chooses to prosecute too many small cases as felonies, giving the predominantly African-American offenders felony records that make them unemployable, Brookins said.

“Things that used to be childhood pranks have now become felonies,” Brookins said. “Outside the schools, there used to be a fire and police call box. You pull the thing, and the Fire Department came. Once a year, we pulled it. That is a felony now. Once you have that first felony, you can’t get a job.”

The question: Is Brookins on-point or out of bounds? Explain.

Warning: Racist comments will be deleted and those who post racist comments will be immediately and permanently banned. Also, I have always had a hair-trigger when it comes to racism, both in my public and my private life. So if you think there’s the slightest chance that I might delete and ban you, you’re probably right. Think before you write. If you don’t like this rule, go somewhere else. It’s not debatable.

posted by Rich Miller
Monday, Nov 19, 07 @ 10:24 am

Comments

  1. I’m fine with his plan, given the huge disproportionality of African Americans in the Illinois prison system. Illinois is far worse than many other states in this regard, according to the Sentencing Project.

    But were he elected, could he do it. Think of the huge number of government jobs, both plush and ordinary, civil service and non, which are sustained by our current prison system. And all those multimillion dollar prison contracts. If African Americans were imprisoned at the same rate as whites…many of those jobs and contracts would disappear.

    Any aspiring pol can claim anything. Does Brookins
    history show that he has the ability to actually follow through and accomplish something, despite
    huge pressures from the Democratic jobs/contracts machine. We need to hear more.

    Comment by Cassandra Monday, Nov 19, 07 @ 10:33 am

  2. I hope someone has analyzed the data - it should be relatively straight forward to see if there is real substance behind the claim. If there is, Mr Brookins should certainly be taken seriously. Whoever wins must do something substantive to fix this problem.

    Comment by Way Northsider Monday, Nov 19, 07 @ 10:34 am

  3. To clarify - I am aware of the general data about disproportionate numbers of African Americans being behind bars and that is clearly correct information. Generally, I believe I have read that crimes that are more frequently committed by African Americans are treated more harshly. That is unacceptable and wrong. These studies seem to focus on different crimes being treated differently. However, I am no expert at all in this area and don’t know specifically how the Cook County state’s attorney has chosen to charge people of different races for similar crimes. That is the type of study I am referring to and seems to be what the Alderman is referring to. Even if he is not the ultimate winner he will be doing everyone a service by turning the discussion to this issue.

    Comment by Way Northsider Monday, Nov 19, 07 @ 10:39 am

  4. office chooses to prosecute too many small cases as felonies

    He has a very valid point here. This is a trend in everywhere, and not a good one. He’s very right to make it a campaign issue.

    Comment by Pat Collins Monday, Nov 19, 07 @ 10:41 am

  5. I went to a high school were they often pulled the fire alarm. I don’t think it’s a prank at all. Perhaps felony is too stiff for this sort of thing but I’d rather high school students know that it’s no joke to pull a fire alarm.

    I know that wasn’t the question but I wanted to address that. I don’t exactly know what goes on at the state’s attorney office. There are certainly more important things to go after than little things such as pulling a fire alarm.

    Comment by Levois Monday, Nov 19, 07 @ 10:45 am

  6. Well, I suppose prosecuting small cases as felonies ups the win ratio, since they are so much easier to prosecute.

    Comment by Cassandra Monday, Nov 19, 07 @ 10:50 am

  7. He is out of bounds.

    State Attorneys should enforce the law. If it is considered too harsh, then the legislature should change it.

    Basic civics.

    Comment by Philco Monday, Nov 19, 07 @ 10:56 am

  8. The issue of trust for our legal system is absolutely on point for such a race. Let’s hope hip-hop stars are exaggerating the issue, but people who don’t trust the established system have no incentive to work within it.
    Getting these skeletons out of the closet is important for building a better relationship between the state’s attorney, the police and the people they’re supposed to serve and protect - the first step is admitting you have a problem, right?

    Comment by Betty R. Monday, Nov 19, 07 @ 10:59 am

  9. State Attorneys should enforce the law.

    Never heard of prosecutorial discretion, have we? Deciding what charges to bring and what not is a big part of that office.

    Comment by Pat Collins Monday, Nov 19, 07 @ 11:03 am

  10. I grew up on the South Side. Our regular activities in junior high and high school included drinking, “smoking”, carrying fake IDs, vandalism, petty theft, traffic violations, curfew violations, and fistfights with other neighborhoods. The cops would chase us, and every tenth time or so they would actually arrest one or two of us. More typically, we would mention one of our friends’ dad’s names (a cop, or a firefighter, or a friend of the Joyces), and we would be let go promising to toe the line from now on.

    I suspect–and it is only a suspicion–that these deeds are not as easily ignored in minority neighborhoods by the cops. Half of them, at least, could be considered felonies these days, too. So I think Mr. Broookins has a very valid point.

    And Rich, I can’t commend you enough about your stance on bigotry and racism here at your blog. That crap was another part of my youth, and I am glad to say that many of my old friends have grown up a lot regarding the flippant use of racism to make a point. (Sadly, many others in my old neighborhood still don’t get it.)

    Comment by Lefty Monday, Nov 19, 07 @ 11:03 am

  11. he is out of bounds. First, he is running on a racist agenda. Pregante in his statement is that the african american members of the communtiy are racist in that they will not talk to a white States Attorney. Imagine a States Attorney running on the reverse, the white memebrs of this community will not talk to a black States Attorney, therefore vote for me a White man.

    Also, his statment that since most small felonies are commited by blacks, he will not prosecute them so they can get jobs! So he is going to execute prosecutorial discretion taking race into account!

    If he said the States Attorney was letting white with small felonies go and only focusing on blacks, I would support him undoing that injustice. But he is just asking blacks to vote for him on the promise that he will not prosecute their crimes if they are small!!

    Honestly I think the Supreme Court should consider pulling his license based on these comments, this is almost what i would expect from Matt Hale.

    Comment by Ghost Monday, Nov 19, 07 @ 11:03 am

  12. Who is bringing up race to justify a political position here? Who is pointing out skin color? Who is basing his candidacy on distrust?

    It is quite challenging to discuss a topic when one is already making race an issue.

    African Americans don’t trust county prosecutors, he says. Really? On what facts can he make this blanket statement? All African Americans? REALLY?

    Not only can his statement be easily proven wrong, he doesn’t even mention the distrust others may have that are not African American. Distrust is not based on skin color, it is based on ignorance. Distrust is a twenty cent word for “fear”. And we all know that when we are discussing fears, we are not discussing logic - we are discussing hearsay and gossip.

    “Many [prosecutors] have forgotten that they were put in that job to do justice,” Brookins told 30 people at a town hall-style meeting in Markham over the weekend. They’ve “created a culture that has caused a distrust among the entire [African-American] community. . . . People are apprehensive to cooperate with the state’s attorney’s office.”

    Another broad statement based on race. So, people who are apprehensive to cooperate with the state’s attorney wouldn’t be if the skin color of the prosecutor wasn’t white? That is quite an statement and doesn’t put African-Americans in a very favorable light, does it? So, instead of squashing these rumors and feelings of mistrust, he wishes to accommodate them? Exactly how can this help establish law and order?

    Finally, it is incredible for a candidate for this office to discuss not prosecuting law breakers because he doesn’t want to hurt those who commit felonies. Instead of supporting the victims of these crimes as he is legally bound to do, he sides with the felons? For him to be concerned about doing his job diligently because it might make it tougher for these ex-felons to find work is sick.

    Mr. Brookings seem to be utterly clueless and his campaign based on the ugliest of rumors. The last thing we need right now is a prosecutor who doesn’t know who the victim of a crime is, and believes that as prosecutor he is the criminal and so is pledging to go soft on crime so that felons won’t be hurt.

    Every victim deserves justice, not a prosecutor who thinks the felon is the victim and that he is the felon when he does his job. He is not bringing justice to this community. He is accommodating prejudices by being prejudiced against the system he is supposed to represent.

    Comment by VanillaMan Monday, Nov 19, 07 @ 11:10 am

  13. Hmm, he makes valid points. Using the broken windows theroy of crime fighting, however, if you sto pthe little things, the big things will be less than likely to follow.

    Many of the victims of these crimes, also happen to be AfAm. So the arresting of these criminals would benefit the AfAm commuinty as well.

    I do not think that pulling a fire call box should be a felony, that was probably put in by some overzealous law maker who stated that these false calls take away time to fight real fires…which is also true.

    Lefty, turn yourself in, Ghost, you are nuts. What the guy is trying to say is that there are historical and current issues between AfAms and the popo. I firmly believe the mayor had some bit of knowledge and at the very least, is a beneficiary of some of these torture techniques. If your parents, grandparents, uncles, etc tell you about police brutality and no one doing anything about it, then it turns out that is true an dnot much is still done about it; people are being released of death row at a 50% clip, why would not believe the police may be a bit shady (at least some of them?).

    TO answer the question, he is partially correct. It depends what he considers pranks versus real crimes.

    Comment by Wumpus Monday, Nov 19, 07 @ 11:14 am

  14. There certainly has been enough smoke about the justice system in Chicago over the years to make one suspicious. However the prosecutors I have met appear to be fair minded hard working people who are working with scarce resources.

    That being said, it would seem that Mr Brookins is engaging in hyperbole. I am sure that there is a substantial population within the community which respects what the prosecutors are doing.

    Much of these statistical analysis point to problems that are not there, but a good faith examination needs to be made to determine whether justice is being served.

    I think we need to realize that justice is a living thing and that we need to monitor the process to be sure the public is being served. When we realized that the system is not working, we need to have the leadership figure out what needs to be done to fix it.

    Pulling false alarms in a dense urban setting is dangerous to the the first responders as well as the general public. I am not a legal wonk, so I don’t know if the offense warrants a felony, but it sure is not a misdemeanor.

    The prosecutors have to operate within the law. If an offense should not be a felony, then lets change the law to limit the punishment.

    Perhaps that is what Mr. Brookins intends to do. However by immediately launching into hyperbole he puts himself outside the mainstream and the better elements of his platform will be lost.

    Comment by plutocrat03 Monday, Nov 19, 07 @ 11:17 am

  15. In Lefty’s day, many young people who broke the law out of rebelliousness or just plain stupidity had intact and stable families and watchful neighbors to keep them from getting into trouble again. How many people who were rebellious teens in the 50s and 60s considered their parents’ wrath and disappointment a worse punishment than going to jail? Police knew this, too, and took advantage of it.
    It’s not like that today, so law enforcement and the courts ratchet up the charges and the potential penalties in a desperate attempt to restore the order that strong families and communities once provided.
    But that approach also has its disadvantages, as Brookins points out. Felony records keep offenders from finding jobs, which in turn makes it harder for them to do things that foster stable families and communities — such as earning a decent living, marrying and buying homes. And so the downward spiral continues.
    What is most urgently needed on the part of prosecutors and police is common sense and good judgment, not simply reflexive actions borne out of a fear of being sued or percieved as racist or as not sufficiently tough on crime.

    Comment by Anonymous Monday, Nov 19, 07 @ 11:34 am

  16. I wonder if Todd Stroger’s treatment of prosecutors has an effect: if good/experience people leave and you fill them with newbies, do they go after the small cases to make them look “as good”?

    In any event, the fact that prosecutors haven’t been more vocal to get police to videotape confessions is telling - to me at least.

    Comment by lake county democrat Monday, Nov 19, 07 @ 11:38 am

  17. I absolutely agree that the criminalization of unpopular/antisocial/disruptiuve behavior has been going on for too long at the state and federal level. Part of this is the prosecutors, part is the cops, but a bigger part is the legislators who find it easy to campaign on being “tough on crime” by routinely upping the penalties for things they probably did as teenagers or in college. And a felony record is a huge obstacle to leading a normal life because it closes so many employment and other doors. I’m not sure blaming the prosecutors as racist is the way to solve this problem, but the ongoing social segregation being reimposed by the criminal justice system needs to be turned around.

    Comment by Muskrat Monday, Nov 19, 07 @ 11:41 am

  18. I’m sure he’s correct about the perception in the black community.

    However, having covered courts for many years, income seems to trump everything when it comes to prosecution. A wealthy or well-off defendant with a good lawyer will get a better deal than a poor defendant with a public defender every time, regardless of race.

    Outside of Illinois politicians in federal penitentiaries, there are very few wealthy or even middle class people in prison.

    Comment by wordslinger Monday, Nov 19, 07 @ 11:43 am

  19. (Sigh)….here we go again.

    Comment by The Welshman Monday, Nov 19, 07 @ 11:44 am

  20. I’m not so sure he’s off base on this.

    Comment by Just My Opinion Monday, Nov 19, 07 @ 11:50 am

  21. Pat Collins- prosecutorial discretion doesn’t mean you get to pick and chose which laws should be upheld… if the crime has been committed, a ASA had a duty to charge it IF the evidence appears to be able to support the case; the discretion comes in deciding whether the evidence is sufficient to make the charge stick–if the case can’t be proven, they have to have the ability not to make the charge.

    If it were simply a matter of deciding what laws the office liked and which ones they didn’t, the State’s Attorney would have the ability to override the legislature.

    Your earlier point about bringing too many small cases as felonies is a different issue, and one that I would agree is much more heavily dependent on the discretion of the office, which always has the potential to be abused.

    Comment by Team America, World Police Monday, Nov 19, 07 @ 11:53 am

  22. Brookins is correct that too much petty stuff are prosecuted as felonies. That can change with some common sense leadership. Prosecutors need to think about “justice” more than winning. The best cops use discretion all the time on the street and prosecutors need to follow the same line. I know a State’s Attorney who went in their as a political hire 20 years ago and thinks of himself as “qualified”. He likes to brag about his conviction rate. Most of which comes through plea bargains as his supervisors have the sense not to let him near a felony trial. He was an arrogant “expletive” in high school and he is worse now.

    As for Brookin’s assertion that blacks don’t trust the State’s Attorney’s office I’m not sure what reasonably can be done about that. Black folks are more likely to become involved with the criminal justice system. That involvement is going to naturally breed distrust of prosecutors and police. Reducing that distrust could take generations of change.

    This discussion needs to be a “thesis” about “broken windows”, despair, joblessness, broken families, culture, the “man”, the criminal justice system, schools, churches and more. Somehow I don’t think we are going to solve it today.

    Perhaps tomorrow?

    Comment by irishpirate Monday, Nov 19, 07 @ 11:54 am

  23. Brookins strategy will most certainly benefit in the African American areas of Cook County. Unfortunatly, a well funded opponent could use Brookins position against him in communities that may not agree and see it as being soft on crime.

    Comment by RISKY Monday, Nov 19, 07 @ 12:01 pm

  24. I stopped reading the story when Judge Leo Holt or better known as “Let em go Leo” was quoted. http://www.chicagotribune.com/news/specials/chi-0402190282feb19,1,703472.story

    Brookings has lost all credability pulling this clown into his campaign.

    Comment by anon Monday, Nov 19, 07 @ 12:07 pm

  25. If you accept the model of institutional racism then you buy into the belief that racism permeates our society, including how Blacks think about other Blacks.

    Plenty of Blacks see the world as having racism permeate U.S. society.

    So, Brookins isn’t breaking much new ground.

    Will electing Brookins lead to Blacks having more confidence in the assistant state’s attorneys? Maybe.

    But to the extent the State’s Attorney’s office doesn’t give Black citizens a fair shake, the problem should be addressed as a problem, not papered over with the symbolism of electing a Black State’s Attorney for the sake of electing a Black State’s Attorney.

    Brookins is a legacy politician. What’s his record of sticking his neck out on social justice for Blacks? When has Brookins stood up to Daley’s police department on an issue?

    As Tommy Brewer pointed out, Brookins endorsed Devine over Tommy Brewer in the last election. So, it’s only become a priority for Brookins to elect a Black candidate to the position since he’s decided to run.

    Bob Milan also blasted Brookins claims about having left the State’s Attorney’s office b/c of discrimination. Milan pointed out that he and Brookins had been friends 20 years, going back to when Brookins was an ASA.

    In twenty years Brookins had never mentioned having felt discriminated against in the State’s Attorney’s office. But now that Brookins is running for State’s Attorney he now claims he left the office b/c he felt discriminated against as an African-American.

    Comment by Carl Nyberg Monday, Nov 19, 07 @ 12:19 pm

  26. VM, you are basing a lot of your argument on a false premise: that a prosecutor’s job is to “support the victim.” The prosecutor’s does not represent the victim, any more than the prosecutor represents anyone else. The prosecutor represents the People of the State of Illinois. The prosecutor’s job is to seek justice for the People, not just for the victim.

    If a prosecutor represented victims, then 99% of crimes would be subject to the maximum sentence. That means: Steal a candy bar one time–get 1 year in jail. Steal a nice jacket or pair of fancy shoes–do 5 years. If you think that is the way it should be, then we don’t really need prosecutors to do anything but try to prove that the defendant did it.

    But to Rich’s question, it is undeniable that there is a distrust of authority in a large segment of the African-American community. I would suggest that this hurts all members of the community. The chief prosecutor can ignore it, and continue with the status quo, and either hope it goes away, or hope it doesn’t go away. Or he can recognize the problem, address it, invite solutions from people, and risk being called a racist for bringing it up.

    Comment by winco Monday, Nov 19, 07 @ 12:19 pm

  27. I can’t believe that we are even discussing the Burge accusations again, because we all know:

    Police and prosecutors never tortured any suspects;
    And even if they did torture some suspects, they were committed the crimes alleged;
    And even if they didn’t commit the crimes alleged, they were probably in on them;
    And even if they weren’t in on those crimes, they were probably guilty of something;
    And even if they weren’t guilty of something, the officers’ and prosecutors’ violation of basic human rights must be forgiven because police and prosecutors have Really Tough Jobs.

    And since there isn’t a problem in Cook County, there is no need to address that problem.

    – SCAM

    Comment by so-called "Austin Mayor" Monday, Nov 19, 07 @ 12:26 pm

  28. “Let em go Leo” had my wife and I go out and get babysitters, take off work and sit through his diatribes at least a half a dozen times over a year (not includings our dealings with the police). Then he threw out the case against the guys who were trying to steal my car based on a technicality that he could have ruled on at the very first hearing. There is no way those guys were ever going to have to worry about becoming felons with Leo. I agree with anon @ 12:07. Having anything to do with Holt and Brookins loses all credibility.

    Comment by Not a fan Monday, Nov 19, 07 @ 12:28 pm

  29. Brookins’ comments are disturbing, and insulting to the people who work in the State’s Attorney’s Office, especially to the African American Assistant State’s Attorneys.

    Perhaps he thinks that crimes committed are fiction, that calls from victims to the police
    are not real. Take a look at the numbers of calls
    to the police and the victims who are raped
    and murdered. Blame the criminals, not those
    who work against those who commit crimes.

    What might be best is to stop letting kids go
    on a station adjustment the first time they do
    something wrong. That way they would learn
    not to violate the law. But, in Brookins’ world,
    apparently the big crime is not leaving a
    doo wide open so the criminal can walk away from
    justice.

    Comment by amy Monday, Nov 19, 07 @ 12:58 pm

  30. Rich, SCAM summarized this perfectly. Close this thread

    Comment by Wumpus Monday, Nov 19, 07 @ 1:10 pm

  31. The Cook County State’s Attorney’s office seems to pride itself on keeping the victims of violent crimes happy.

    There are some obvious flaws with this measuring stick.

    Victims can be made happy by prosecuting the wrong people.

    Non-violent crime, e.g. political crimes, get less attention than they should, creating an atmosphere that condones street crime.

    IMO, the State’s Attorney should implement a strategy that reduces crime instead of emphasizing customer attention for victims of violent crime.

    Comment by Carl Nyberg Monday, Nov 19, 07 @ 1:29 pm

  32. Rich, I think everyone should always think before they write…Mr. Brookins is a bit over the top in his presentations, but the fact remains that African Americans do not receive the same type of justice that as their Caucasian counterparts receive in the criminal justice systemlook at the difference in sentencing for the same crime)
    Still, I would hate for this race to devolve into a purely racial battle…

    Comment by Anonymous45 Monday, Nov 19, 07 @ 1:47 pm

  33. I would hope he is wrong, however, there is certainly enough fodder to drum up support in the black community for a black head prosecutor and that really is the point anyway. Right?

    Comment by Garp Monday, Nov 19, 07 @ 1:51 pm

  34. Soft on Crime- That’s Brookins’ platform!

    If the evidence is there, you charge. If you don’t like the laws, change them in Springfield.

    Comment by Mad as Hell Monday, Nov 19, 07 @ 1:52 pm

  35. ask the police if they love the assistant state’s
    attorneys. the answer will probably be no.
    reason? because they do not prosecute every
    felony arrest as a felony. police arrest,
    assistant state’s attorneys prosecute. the POLICE
    are charged with implementing a crime reduction
    strategy.

    Comment by amy Monday, Nov 19, 07 @ 1:56 pm

  36. If the State’s Attorney prosecuted crooked politicians in the suburbs there would be less crooked cops in the suburbs.

    Less crooked cops means less street drug dealing and violent crimes.

    Under Dick Devine the State’s Attorney’s office has bent over backwards to avoid scrutinizing crook politicians in the suburbs.

    Comment by Carl Nyberg Monday, Nov 19, 07 @ 2:13 pm

  37. My opinion is that Brookins is using State’s Atorneys as surrogates for police officers. Brookins is attenmping to capitalize on the anger in the African-American community against the police, some of which is legitimate. Police brutality and “driving while black:” are real, even though most of us never experience it. There is no question in my mind that Burge routinely tortured African- American suspects, and that Daley turned a blind eye to this when he was State’s Attorney!

    I’m not sure if the anger strategy wil suffice to win a county-wide election. It certainly guarantees that he will be in contention, but doesn’t make him a sure winner. You can’t discount the Noonan competence factor - Noonan being Brookins’ campaign manager.

    My best guess is tht Suffredin will get all the major newspaper endorsements, which will enable him to eclipse Tom Allen. Suffredin will win overwhelmingly on the lakefront/North Shore,and by a substantial margin in suburban Cook County. The key question is how many African American voters will support Suffredin? Another question is how many votes Alverez and Milan get? They’re obviously very capable and qualified for the job. How many votes will Tommy Brewer take from Brookins?

    I’m supporting Suffredin, I think he could upset Brookins - Allen will finish 3rd. But I wouldn’t argue with anyone who suggested that Brookins is defintely the favorite.

    Peraica has absolutely no chance in November regardless of shich Democratic nominee wins. I’d be especailly pleased to vote for Brookins if Peraica were the Republican nominee.

    Comment by Captain America Monday, Nov 19, 07 @ 2:23 pm

  38. I think the problem isn’t so much that African Americans don’t trust prosecutors, its that they don’t trust the entire system.

    Most of that is because of the bad ink that the police department earns on a monthly basis, and that’s not the Assistant State’s Attorneys’ fault.

    However, where the police are violating the civil rights of citizens, are guilty of crimes, etc., which we all read about far to often, shaking public faith in the system, that is Dick Devine’s responsibility to address.

    Now, reasonable people can debate whether Devine’s done a good job about that. But no reasonable person person can disagree with the point that the black community doesn’t have faith in the system. Or Latinos. I’d say that’s true for a big chunk of the white community too.

    Comment by Yellow Dog Democrat Monday, Nov 19, 07 @ 2:57 pm

  39. I would like some examples of petty offenses being charged as felonies. In cook Co. most felony crimes must be approved by a states attorney before charging. Most often the States attorneys assigned to felony review are looking for a reason to not charge. The often recomend misdomenor charges on offenses that are felonies according to state law ie thefts over $300 or second offense domestic battery, And its not always because they are lazy but they are looking for cases that are sure wins for the state because they get promoted and judged on there win % on the trial side. States attorneys will not approve charges on one persons word against another. ie he shot me when there is little other evidence. States attorneys need to keep the weaker cases out of the system because the courts are already overflowing and prisons overcrowded. If its not a slam dunk where there is a good chance the offender will take a plea chances are in cook co. it wont be a felony. Unless of course it hits the media or you know someone then al bets are off. Drug cases are not reviewed by states attorneys and any amount of any drug but cannabis is a felony in IL. This is something that needs to be looked at on the state level. Lastly possession of small amounts of narcotics are normally thrown out in thrown out in felony PC hearings because everyone involved States Att. Public defenders and judges all realize the system would shut down if possession of small amounts of drugs were prosecuted. Possession with intent to deliver or delivery of controlled substance cases are handled differntly and prosecuted.

    Comment by FED UP Monday, Nov 19, 07 @ 3:11 pm

  40. I’m tired of people blaming the POs and blaming the ASAs for doing their jobs.

    Tired of prosecuted for felonies? STOP DOING CRIMES. The solution couldn’t be more simple.

    If Brookins is the nominee, I will vote for Peraica.

    The comments by Brookins are deeply offensive both to the rank and file ASAs and to all Chicago cops.

    If Brookins is elected, expect mass resignations from the ASAs and expect Chicago cops to stop making arrests. No arrests — nobody (but the victims) angry — no problems with Brookins. What a deal for the POs.

    Comment by Skeeter Monday, Nov 19, 07 @ 3:14 pm

  41. ===If Brookins is elected, expect mass resignations from the ASAs and expect Chicago cops to stop making arrests===

    Take a breath, man.

    Comment by Rich Miller Monday, Nov 19, 07 @ 3:14 pm

  42. Rich,

    With all due respect, everything Brookins does is an attack on the ASAs and the POs. It is the centerpiece of his platform.

    Why in the world would anyone want to be in that office when the person in charge apparently views the entire office as racists [to be fair — he apparently views all of them as having jobs that result in racism, which may be different than actually being a racist]? Look as the series of comments that Brookins has made. According to Brookins, ASAs who put people in jail are the bad guys. How can that not be offensive to the ASAs?

    I spent some time working with POs on OPS matters. The guys who ended up at OPS were the guys making arrests. If you chase somebody and that person falls, the PO gets a beef. Arrest somebody and the handcuffs aren’t comfy? You get a beef. Arrest too many people and the arrestees literally make things up — a lot of the “defense” at OPS is simply showing up with duty records showing that the PO was not on the job at the time.

    When the SA runs on a platform that all these guys are bad, what is a PO to do? What would you advise a PO to do to avoid the wrath of a SA Brookins and complaints to OPS? My advice wouel be to sit in the car and prepare reports saying “The offender unforunately evaded arrest.”

    Comment by Skeeter Monday, Nov 19, 07 @ 3:28 pm

  43. I think you’re overreacting to some long overdue criticism. Is the criticism over the top? No doubt. But when is the last time a candidate for that office admitted there were real problems which needed to be addressed? Are you saying there are no problems?

    Comment by Rich Miller Monday, Nov 19, 07 @ 3:30 pm

  44. Rich it is most often the African American communites that are screaming for more police patrols. I have never heard of an Orland Park resident complaining that there a prisoner in there own homes because of the gangs. Are the kids in Willow Springs afraid to go to the park because of the drug dealers. Brookins better be careful he could get what he asks for. If the laws arent enforced in his selected areas of the county I dont think they will prosper. Not charging crimes that are committed wont improve the community it will destroy what is left of it.

    Comment by FED UP Monday, Nov 19, 07 @ 3:44 pm

  45. ===If Brookins is elected, expect mass resignations from the ASAs and expect Chicago cops to stop making arrests===

    Take a breath, man. ===

    I agree with Rich. While everyone in the ASA upper ranks will have to be looking for a new job anyway, everyone else will just bide their time until they slowly start moving on or they will learn to adapt. Just like any other political office. And I don’t think the police are going to perform their jobs any different then they do now. Maybe more frustrated, but I don’t think they will back down.

    Comment by ANON Monday, Nov 19, 07 @ 3:46 pm

  46. Rich,

    Again with all due respect, I don’t think I’m over-reacting at all. Brookins has views, stated many times, that are at odds with the role of the SA’s office and the CPD.

    I think all the candidates — including Devine himself in prior elections — have stated that some problems exist with the CPD. Nobody has denied that. However, the Burge matter is 20 years old. 10 years ago there were marchs in the Loop about those matters. Burge has long since left the job. His name is being brought up now for the sole purpose of claiming that CPD is racist to the core. It is being done for political purposes.

    Look at Brookins’ resume: What on that resume would attract voters? Nothing. He is an alderman who squeaked by to re-election last spring. The result is that he has decided to make a name as the guy who wants to be the SA to crack down on the ASAs and the POs.

    Again, I spent some time handling OPS matters so I have a great deal of first hand experience with these things. When you see reports saying things like 5% of charges result in some disciplinary action, the truth is 5% result in discipline because 2% are founded. I would go months hearing complaints of matters like “it hurt when I fell when they chased me” and “when they pried the drugs out of my hand, they hurt my fingers” and of course the classic “the cuffs were too tight.” Those complaint were most often properly dismissed.

    Brookins believes that all those POs are the bad guys. Get hurt when you run from the cops and they tackle you? According to Brookins, it is the fault of the PO and not the bad guy. I joked about the advice when I worked with these guys. If Brookins would be elected, it wouldn’t be a joke anymore. “Let people run” would be the rule. “Don’t make too many arrests” would be the other rule. These guys are going to know that if they do their job, the SA won’t have their back.

    Comment by Skeeter Monday, Nov 19, 07 @ 3:47 pm

  47. Captain you need to remember that Brookins has commited a cardinal sin in Cook Co. Politics. He went against the unions and supported Wal Mart. SEIU almost beat him in his aldermanic race. It went to a runoff and he had to beg king Daley for help. Brookins does not have name recognition outside th south side of the city and these actions are just to get his name in the paper and face on the news, he needs the free pub. He wont do better than 3rd because he crossed the unions and they will put him in his place. On a side note I think he was right trying to get Wal Mart in his ward and trying to do whats best for his ward but the unions will crush him.

    Comment by FED UP Monday, Nov 19, 07 @ 3:52 pm

  48. Where did he say he wouldn’t enforce laws en masse?

    There’s an overreactive leap of logic going on here that doesn’t match up with actuality.

    Comment by Rich Miller Monday, Nov 19, 07 @ 3:58 pm

  49. And, I would add, that when we get a response like this, it’s usually because somebody’s hypersensitive, over-exposed ox is being gored.

    Comment by Rich Miller Monday, Nov 19, 07 @ 4:00 pm

  50. Sometimes you get a response just because people are tired of seeing the CPD turned into a political pawn (and you get a few comments because the person making the comments is taking a late lunch and catching up on the news of the day while checking e-mail).

    Let’s turn this question on its head: I’ve argued that the centerpiece of Brookins’ candidacy — including the comments referenced — is that Brookins wants to go after POs, who he believes are the real cause of the problems in Chicago.

    If that is not true, then what is the centerpiece of Brookins’ run? What has Brookins said about taking criminals off the streets? Has he ever expressed support for the CPD or has he ever expressed any doubt about any complaint lodged against any PO? Has he ever suggested that some percentage of these complaint may well be a ploy to avoid a conviction?

    Brookins is a one-issue candidate, and that issue is that the law is too tough on the bad guys. If he’s not, I would like to see some statement by Brookins proving me wrong.

    For what its worth: I hope I am mistaken and that there is more to Brookins than we have seen so far. Tony Peraica is unfit for the SA’s office. I voted for Tony once because the alternative was so bad. I would hate to have to do that again.

    Comment by Skeeter Monday, Nov 19, 07 @ 4:15 pm

  51. Good comments. First, having actually practiced law in a matter in which Mr. Brookins was opposing counsel, I can state that his legal skills are not as finely tuned as many others in the profession.

    As to Noonan as campaign manager for Brookins - so what? Noonan was Stroger’s campaign manager. That doesn’t mean Todd is a good candidate, or a quality public servant. It just means Noonan doesn’t really care where the next paycheck comes from.

    As to the substance of the matter. It has long been true that laws tend to lead to lower socio-economic persons to prison. As Anatole France said in 1894, “The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.”

    The heart of the matter is that African Americans remain largely at the lowest end of the socio-economic strata in the United States. Whether that is the result of institutionalized racism is certainly a topic open to honest debate. But to suggest that ASA’s target African Americans misses the point. Throughout all of civilization, the law has always existed to support the upper and middle classes.

    Furthermore, the fact is that many, many petit crimes go unprosecuted. This is largely the result of lack of resources, to be sure. But it also muddles the issues as to whether African Americans are targeted while whites are given some shibboleth to escape justice.

    Aside from promoting social equality, a solution to this problem lies in decriminalization of certain activities. Legalization and regulation of most recreational drugs would do wonders to reduce the incidence of arrest and incarceration in minority and low-income communities. But as many posters here have commented, crimes where there are real victims - violence and theft - hit minority communities hard and they should be dealt with harshly.

    Comment by phocion Monday, Nov 19, 07 @ 4:19 pm

  52. Skeeter, the problem is that nobody with a chance of winning has ever really talked about these issues in a countywide race, yet it is a huge issue in the black community. The race is young, there’s time for more issues.

    Comment by Rich Miller Monday, Nov 19, 07 @ 4:20 pm

  53. I definitely am not anti-PO or SA, but I think institutional racism is a reality - it’s not a figment of the African-American community’s imagination. It may be exaggerated, but years of oppression would have a similar effect on any minority or ethnic group! Perception has a tendency to become reality anyway. Personally, I can’t think of any more dfficult and dangerous job that being a PO in a major metropolitan area like Chicago, unless your’e a member of our armed forces in Iraq.

    I liked Larry Suffredin’s comment which he reportedly addressed to Howard Brookins with respect to Brookin’s platform and strategy: “This isn’t 1983, and you aren’t Harold Washington.” My undersatnding is that Suffredin has some prominent AFrican-American supporters - Jesse White/Walter Burnett, Bobby Steele, and Rcicky Hendon. Consequently,I don’t think the AFrican American community can be viewed as monolithically supporting Brookins.

    Comment by Captain America Monday, Nov 19, 07 @ 4:21 pm

  54. === It just means Noonan doesn’t really care where the next paycheck comes from.===

    I think there is a small pool of candidates that Noonan can and will work for.

    Comment by Rich Miller Monday, Nov 19, 07 @ 4:23 pm

  55. Come off it, Rich. Skeeter is probably apoplectic over your rash generalization to make what point I do not know. I hope he recovers because we have had some food go-arounds ourselves.

    Of course he is not saying there is no problem. That is a broad brush to dispel criticism. Brookins is making an appeal for black votes, no more and no less.

    If you go down to the south and west side you will see good people scared to death of violence from all sides. The streets have taken over from the families and the politicians are playing both sides as well. The police are every day in the middle, the good ones trying to keep order so that families have a greater chance of escaping upwards. The gangs have control of many blocks and the ward bosses know it. If they know it the aldermen know it and do nothing about it. Use your enquiring mind. Why is that? Could it be that part of the street tax paid by the honest people goes through the gangs to the Ward political organization?

    The politicians protect their own families first with good jobs, their small set of gears in the machine second, and the people get what is left.

    Most crime is not race related, it is black on black. If an SA and ASA are to have any effect for peace and growth in a community, the serial offenders have to be sent away. Most crimes are committed by these serial criminals, from rapes to gang shootings (with the bullets hitting many innocent targets) to car thefts.

    The ASAs are well policed by the SA. Is Brookins implying that Devine has not done that job? Have him say it straight not through Sharpton like innuendo.

    Comment by Truthful James Monday, Nov 19, 07 @ 4:29 pm

  56. Fed Up

    Just wondering about the implications of union oppistion to Brookins. So whom do you see as the major beneficiary of the unions’ desire to defeat Brookins? Tom Allen reportedly has really strong union backing.

    Frankly, I can’t see the unions’collectively working to elect Tony Peraica.

    Comment by Captain America Monday, Nov 19, 07 @ 4:32 pm

  57. No I dont think the unions are going to help Perica. I believe the unions will defeat Brookins in the primary. I do not have any Idea who the unions will come out for, but it wont be brookins.

    Comment by fed up Monday, Nov 19, 07 @ 4:44 pm

  58. I would sure like to see how many high school kids have been charged with felonies for pulling fire alarms. I bet it’s only a handful — and those who have been charged probably have a history of other criminal activity.

    On the face of it, it seems foolish for a candidate for state’s attorney to run on anything but an “I’m-tough-on-crime” platform. But Brookins is probably doing the right thing politically by criticizing the police and prosecutors. His strategy for victory is almost entirely dependent him benifiting from a big, energized black turnout for Obama. Of course, he’ll have to sprint back to the center if he wins the nomination. And if he does win the general he will leave himself very exposed come re-election time if he spends four years hugging criminals instead of prosecuting them.

    Don’t discount Anita Alvarez. She and Bob Milan have, by far,the best credentials. She’s the only women in a crowded field and there will be plenty of women flooding the polls trying to make history on behalf of Hillary. Don’t be surprised if she gets most of the newspaper endorsements.

    Comment by R.A. Monday, Nov 19, 07 @ 5:00 pm

  59. show us the evidence Brookins. tell us about
    a pattern. the cries for felony charges also
    come from the African American community, arrests
    by African American police. show us the evidence,
    or you are simply filled with inflamatory
    rhetoric. BTW, why isn’t Brookins called
    a racist for his comments?

    Comment by amy Monday, Nov 19, 07 @ 6:13 pm

  60. Pulling a fire alarm as a prank should be a felony. Brookins really messed up by suggesting that it shouldn’t be. If there is a real fire and the fire department is responding to the bogus alarm, people could die needlessly.

    Comment by some former legislative intern Monday, Nov 19, 07 @ 6:35 pm

  61. Amy, what, exactly, was racist? Exactly.

    Comment by Rich Miller Monday, Nov 19, 07 @ 6:57 pm

  62. accusation that ASAs charge tougher on AfAms.

    Comment by amy Monday, Nov 19, 07 @ 7:02 pm

  63. What?

    Hasn’t anybody heard the old adage “It’s better to be rich and guilty than poor and innocent.”

    Between that and the failed “War on drugs” it’s no wonder our justice system is out of balance.

    Comment by Papa Legba Monday, Nov 19, 07 @ 8:02 pm

  64. Bookings would say and do anything to get elected. The truth is he is less truthworthy than the people he talks about. I hope our community does not fall for his ego. We have had enough of these kind

    Comment by West Side Monday, Nov 19, 07 @ 8:08 pm

  65. Amy, where’s the quote? Exactly.

    Comment by Rich Miller Monday, Nov 19, 07 @ 8:13 pm

  66. I would assume that there are cases where Blacks are treated more harshly than would White defendants in similar circumstances. However, I think Brookins’ motivation here is to set up a racially polarized primary a’la Todd Stroger’s win vs. Peraica, seeing himself as either the sole Black candidate left (assuming he wins his petition challenge on the other Black candidate), or the most visible Black candidate in a pool saturated with White candidates. I find it rather distasteful in this day and age.

    Comment by Snidely Whiplash Monday, Nov 19, 07 @ 9:23 pm

  67. “But the office chooses to prosecute too many small
    cases as felonies, giving the predominantly
    African-American offenders felony records that
    make them unemployable, Brookins said.”

    “that’s why African-Americans should rally together to elect Brookins, said Leo Holt….There’s one thing I have learned
    about the system, and that is that it is
    deeply racist, Holt said.”
    “they turned a blind eye with respect
    to Lt. Cmdr. Burge…..Brookins said Saturday.”

    who is they? certain individuals? all ASAs?

    sorry, conflating the actions of Burge, the
    criminal actions of African Americans, and saying
    you don’t trust the Assistant State’s Attorneys
    means you equate them with Burge. Imagine
    if other such stupid connections were made from
    stupid actions by a black man with the inference
    that all black men were that way. that would
    be racist too.

    Comment by amy Monday, Nov 19, 07 @ 10:02 pm

  68. “…the predominantly African-American offenders…”

    I think that this statement is bizarre.

    According to Brookins- “Minor” felonies are committed mostly by African-Americans. Accordingly, they should not be prosecuted becuase they will get a felony record because they committed a felony.

    That is what Brookins is saying. How can this be justified when you are running for prosecutor. How can Brookins vow to uphold the laws of the State?

    If Brookins doesn’t like the law, he should get it changed. He should know how to do it since his father was a State Senator for many years and probably voted for many of the laws Brookins complains of.

    Comment by Mad as Hell Monday, Nov 19, 07 @ 10:39 pm

  69. amy, are you satisfied with the conduct of the State’s Attorney’s office in the case of Jon Burge?

    Comment by Carl Nyberg Monday, Nov 19, 07 @ 10:53 pm

  70. In case you have not seen the Reader series on torture you might want to go and read the Blind Justices story http://www.chicagoreader.com/features/stories/blindjustices/
    Also I am curious about the States Attys candidates view on medical marijuana and the very different Crack Vs Powder Cocaine laws

    Comment by Rupert Pupkin Monday, Nov 19, 07 @ 11:09 pm

  71. Amy, you combined the quotes from two different people to claim that Brookins was racist.

    Again, what exactly was racist about what Brookins actually said? Exactly.

    Comment by Rich Miller Tuesday, Nov 20, 07 @ 7:08 am

  72. And “Mad as Hell,” you should also take a deep breath. Prosecutors have loads of discretion. A friend of mine, for instance, was prosecuted for a felony which would’ve been a misdemeanor rap in most other counties. It was eventually dropped to a misdemeanor after he got a good lawyer, but only because he got a good lawyer.

    Comment by Rich Miller Tuesday, Nov 20, 07 @ 7:12 am

  73. Rich, do I correctly sense that you’re going to be supporting Brookins?

    Comment by Snidely Whiplash Tuesday, Nov 20, 07 @ 8:06 am

  74. I’m not supporting anybody. But when a white person calls a black person a “racist,” and compares him to violent hate monger Matt Hale, I want to see proof, not rhetoric.

    Comment by Rich Miller Tuesday, Nov 20, 07 @ 8:18 am

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