THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY ... · In other words, the incident occurred on...

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THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION

WILLIAM CALLOWAY, ) ) Plaintiff, ) No: 18 CH 8965

v. ) ) HONORABLE JUDGE FLYNN CHICAGO POLICE DEPARTMENT, ) ) Defendant. )

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Defendant, the Chicago Police Department (hereinafter “CPD”), by and through its

attorney, Edward N. Siskel, Corporation Counsel of the City of Chicago, hereby submits the

following Motion for Summary Judgment pursuant to 735 ILCS 5/2-1005.

UNDISPUTED FACTS

1. Plaintiff William Calloway’s Complaint is based on alleged violations of the

Illinois Freedom of Information Act, 5 ILCS 140/1, et seq. (“FOIA”), concerning a FOIA request

sent by Mr. Calloway to CPD on Sunday, July 15, 2018 (received during business hours on

Monday, July 16, 2018). (See generally Plaintiff’s Complaint.)

2. In this FOIA request, Mr. Calloway stated:

FILED8/7/2018 1:25 PMDOROTHY BROWNCIRCUIT CLERKCOOK COUNTY, IL2018CH08965

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I request all dash cam, body cam, surveillance cam footage collect as part of the investigation into the officer involves shooting that occurred Saturday July 14th, on 71st & Chappell in the South Shore neighborhood. [sic]

(Plaintiff’s Complaint, ¶ 23, and its unmarked attachment.) Plaintiff sent his FOIA

request to CPD the day after the incident.

3. Plaintiff filed the instant lawsuit on July 18, 2018.

4. The FOIA statute provides that a response or a request for an extension must be

submitted within 5 business days of receipt of a FOIA request. 5 ILCS 140/3(d). The fifth

business day after CPD’s receipt of Plaintiff’s FOIA request was July 23, 2018. On that day,

CPD notified Plaintiff that it required the statutory 5 business day extension provided in Section

3(e) of FOIA. 5 ILCS 140/3(e). CPD’s response then came due on July 30, 2018. On that day,

CPD denied Plaintiff’s FOIA request pursuant to Section 7(1)(d) of FOIA. 5 ILCS 140/7(1)(d).

5. Pursuant to COPA’s Video Release Policy, which was formulated from the

Recommendations of the Police Accountability Task Force in 2016, the City will release all

video and audio concerning the police-involved shooting within 60 days of the incident (or by

September 12, 2018), allowing for one 30-day extension in certain circumstances. (See Video

Release Policy, attached hereto as Ex. A.)

STANDARD OF REVIEW

“Summary judgment is appropriate when there are no genuine issues of material fact and

the moving party is entitled to judgment as a matter of law.” Outboard Marine Corp. v. Liberty

Mutual Insurance Co., 154 Ill. 2d 90, 102 (Ill. 1992). Summary judgment should only be

granted when “the pleadings, depositions, and admissions on file, together with affidavits, if any,

show that there is no genuine issue as to any material fact and that the moving party is entitled to

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judgment as a matter of law.” Delaney Electric Co., Inc. v. Schiessle, 235 Ill. App. 3d 258, 263

(1st Dist. 1992).

In order for a party to prevail in a motion for summary judgment in a FOIA case, “the

defending agency has the burden of showing that its search was adequate and that any withheld

documents fall within an exemption to the FOIA.” BlueStar Energy Services, Inc. v. Illinois

Commerce Commission, 374 Ill. App. 3d 990, 996 (1st Dist. 2007). Furthermore, “[a]ffidavits or

declarations supplying facts indicating that the agency has conducted a thorough search and

giving reasonably detailed explanations why any withheld documents fall within an exemption

are sufficient to sustain the agency’s burden.” Id.

ARGUMENT

I. THE CLAIMS OF PLAINTIFF’S COMPLAINT ARE NOT RIPE, AS CPD HAD NOT DENIED PLAINTIFF’S FOIA REQUEST WHEN PLAINTIFF FILED HIS COMPLAINT. FOIA provides for a 5-business-day response period, with the opportunity for a 5-

business-day extension.1 As the statute states:

Each public body shall, promptly, either comply with or deny a request for public records within 5 business days after its receipt of the request, unless the time for response is properly extended under subsection (e) of this Section. Denial shall be in writing as provided in Section 9 of this Act. Failure to comply with a written request, extend the time for response, or deny a request within 5 business days after its receipt shall be considered a denial of the request.

5 ILCS 140/3(d) (emphasis added). Section 9 of the Act provides for the methods by which a

public body may deny a FOIA request. As that section states:

1 FOIA provides for extended time periods for responses to requests made for a commercial purpose, requests by a recurrent requester, or voluminous requests, none of which is applicable here. 5 ILCS 140/3(i).

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Each public body denying a request for public records shall notify the requester in writing of the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial.

5 ILCS 140/9(a). In other words, allowing for a 5-business-day extension, the Act provides for

only three possible responses to a FOIA request – (1) granting the request; (2) denying the

request in writing in the format provided in Section 9, quoted above; or (3) failing to comply

with the request within 5 business days, which is considered a denial.

Plaintiff’s Complaint does not allege any of these scenarios. Instead, Plaintiff alleges

only that “By July 18, 2018, CPD determined and announced that it will not release any

additional materials and that is leaving [sic] any further release to COPA,” (Complaint, ¶ 26),

and that “CPD has not responded to Calloway’s request, and thus has not satisfied its obligation

to ‘promptly’ respond.” (Complaint, ¶ 28.) In other words, the incident occurred on Saturday,

July 14th, and CPD received Plaintiff’s FOIA request for materials concerning the incident on

Monday, July 16th, rendering CPD’s response (or request for a five-day extension) due on

Monday, July 23rd. But because CPD had not yet responded by Wednesday, July 18th – only four

days after the shooting and two days after it received Plaintiff’s FOIA request – Plaintiff deemed

it denied, and filed the instant lawsuit that day, at 11:00 a.m.

The law is plain that a public body may deny a request in only two ways – timely

responding in writing, or failing to respond in five business days. Plaintiff has not alleged that

CPD did either of these things. And, the Act gives this Court jurisdiction only over FOIA

requests that have been denied. (“Any person denied access to inspect or copy any public record

by a public body may file suit for injunctive or declaratory relief,” 5 ILCS 140/11(a), and “The

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circuit court shall have the jurisdiction to enjoin the public body from withholding public records

and to order the production of any public records improperly withheld from the person seeking

access,” 5 ILCS 140/11(d).) Thus, Plaintiff’s Complaint does not state a claim upon which relief

can be granted, and summary judgment in favor of CPD on Plaintiff’s Complaint as written is

appropriate.

II. WHEN IT CAME DUE, CPD PROPERLY DENIED PLAINTIFF’S FOIA REQUEST PURSUANT TO SECTION 7(1)(d) OF FOIA. Should this Court choose to issue judgment on the substance of Plaintiff’s Complaint,

CPD is also entitled to summary judgment because it (eventually) properly denied Plaintiff’s

FOIA request. FOIA recognizes the strong public interest in ensuring the sanctity of a criminal

or administrative investigation, and recognizes that the public release of evidence connected with

such an investigation may handicap the investigation, or deprive someone of a fair trial or

impartial hearing. These interests are codified in Section 7(1)(d) of FOIA, which exempts, inter

alia:

Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request; (ii) interfere with active administrative enforcement proceedings conducted by the public body that is the recipient of the request; (iii) create a substantial likelihood that a person will be deprived of a fair trial or impartial hearing[.]

5 ILCS 140/7(1)(d). The City Council has tasked COPA with the mission of working with CPD to reduce

incidents of police misconduct. As the Council has established by ordinance, COPA’s mission is

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to provide a just and efficient means to fairly and timely conduct investigations within its

jurisdiction, including investigations of alleged police misconduct and to determine whether

those allegations are well-founded, applying a preponderance of the evidence standard; to

identify and address patterns of police misconduct; and, based on information obtained through such

investigations, to make policy recommendations to improve CPD and reduce incidents of police

misconduct. (See MCC 2-78-110; see also Declaration of Brandon Crase, attached hereto as Ex. B, ¶2.)

By ordinance, COPA’s duties include, among other things:

(b) To conduct investigations into complaints against members of the Police Department alleging domestic violence, excessive force, coercion, or verbal abuse; (c) To conduct investigations into all incidents, including those in which no allegation of misconduct is made, in which, a Police Department member discharges: (i) a firearm in a manner that potentially could strike another individual, (ii) a stun gun or taser in a manner that results in death or serious bodily injury, or (iii) in the Chief Administrator's discretion, other weapons discharges and other use of Police Department- issued equipment as a weapon that results in death or serious bodily injury; (d) To conduct investigations into incidents, including those in which no allegation of misconduct is made, where a person dies or sustains a serious bodily injury while detained or in Police Department custody, or as a result of police actions, such as during attempts to apprehend a suspect; [and] (e) To conduct investigations into all incidents of an “officer-involved death,” as that term is defined in 50 ILCS 727/1-5[.]

(See MCC 2-78-120(b-e); see also Ex. B, ¶ 3.) In order to facilitate such investigations, the City

Council has mandated that City departments cooperate. As required by ordinance:

It shall be the duty of every officer, employee, department, and agency of the City to cooperate with the Office in any investigation undertaken pursuant to this chapter. Any employee or appointed officer of the City who violates any provision of this chapter shall be subject to discipline, including but not limited to discharge, in addition to any other penalty provided in this chapter.

(See MCC 2-78-140; see also Ex. B, ¶ 4.)

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Because the incident met the criteria of MCC 2-78-120, as set forth above, COPA is

undertaking an investigation into the July 14th shooting of Mr. Augustus. (See Ex. B, ¶5.) While

CPD had publicly released one segment of a body-worn camera video on the day after the

incident, COPA has publicly stated its objections to any further release of video connected with

the incident at this time, on the ground that the release of other videos would impede COPA’s

ongoing investigation. As COPA Chief Administrator Sydney Roberts stated to the Chicago

Police Board at its meeting of July 19, 2018, in part:

COPA is in the very early stages of this investigation. And it has been less than a week since the incident occurred. I want to assure the public that COPA has not reached a conclusion in this investigation. Many unanswered questions remain. Many facts are still unknown, witnesses to be identified, interviews and evidence to be examined and analyzed. I appreciate and empathize with the community’s desire for more information. And as the Chief Administrator, it is my duty to balance that need against the duty to ensure that actions are not taken that may compromise the integrity of this investigation. Publicly, on numerous occasions, we have stated that protecting the integrity of our investigations is paramount and must never be compromised. To that end, COPA must ensure that witnesses, civilian or sworn, do not intentionally or otherwise comport their interview statement to what they observed on video rather than their independent recollection. Further audio and video released prior to the interview of key witnesses creates substantial risk to the integrity of this investigation. COPA is committed to investigating this incident and all matters under its jurisdiction in a fair, competent and thorough manner, independent of outside influence, bias or prejudice. COPA is equally committed to transparency. To that end, we will release all video, audio, and 911 communications at the earliest point, while still

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preserving the integrity of the investigation, on no later than September 12, 2018, which is 60 days from the date of the incident as reflected in the City’s transparency policy.

(See Ex. B, ¶ 7, and its Ex. 2.) Chief Administrator Roberts further stated COPA’s position on

the release of further records concerning this incident in her letter of July 19, 2018 to CPD

Superintendent Eddie Johnson, in which Roberts expresses COPA’s disagreement with CPD on

its decision to release a segment of one video on the day after the incident. As Roberts states in

that letter, in part:

Furthermore, and of critical importance, publicly releasing video prior to COPA conducting key interviews creates a substantial risk that witnesses to an incident, civilian or sworn, may intentionally or unintentionally comport their recollection of the events with what they have seen in the video. Additionally, such unilateral public release does not allow COPA, as it is required to do under the City’s Video Release Policy, the opportunity to afford the deceased’s next of kin review of the video prior to the release. As a former law enforcement officer, I understand the need for public safety and the Department’s concerns and obligations in that regard; however, there are other methods of ensuring public safety that the Department could have – and has previously – used that do not risk undermining a subsequent investigation. * * * * * COPA therefore requests that the Department cease any further release of information in this case or other COPA investigations without the express concurrence of COPA.

(See Ex. B, ¶7, and its Ex. 1.) As COPA Senior Litigation Counsel Brandon Crase has attested

in his declaration, COPA objected to the release of further information at the time of Mr.

Calloway’s FOIA request, on the ground that the release of the material that he sought could

have impeded COPA’s ongoing investigation for the reasons set forth by Chief Administrator

Roberts in the sections quoted above. (Ex. B, ¶¶ 7-8.)

Because Chief Administrator Roberts and Senior Litigation Counsel Crase have

established that the release of the materials requested by Calloway in the weeks following the

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incident would have impeded COPA’s investigation, CPD has met its burden of demonstrating

that its denial under Section 7(1)(d) was justified. CPD must work in cooperation with COPA on

its investigations of CPD actions. (See MCC 2-78-140.)

For these reasons, CPD’s response to Calloway’s FOIA request was appropriate, and

summary judgment on behalf of CPD is warranted.

WHEREFORE, for the above stated reasons, the Defendant asks this Honorable

Court to grant its Motion for Summary Judgment or for such other relief as this Court

deems just and appropriate.

Respectfully submitted, By: ___\s\ Amber Achilles Ritter_______ Amber Achilles Ritter Amber Achilles Ritter Chief Assistant Corporation Counsel City of Chicago Department of Law Legal Information and Prosecutions Division 30 North LaSalle Street, Suite 1720 Chicago, Illinois 60602 (312) 744-0741 Attorney No. 90909

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RECORDS RELEASE POLICY

In 2016, Mayor Rahm Emanuel convened the Police Accountability Task Force ("Task Force")to review and offer recommendations on various matters concerning law enforcement, includingthe public release of videos, audio, and police reports related to police-involved shootings andother incidents. In February 2016, the Task Force issued preliminary recommendations on therelease of such material, and on April 13, 2016, as part of its report entitled Recommendationsfor Reform: Restoring Trust Between the Chicago Police and the Communities They Serve, theTask Force included revised recommendations on this issue ("Release Recommendations").

Since that time, the City has followed these recommendations, and has posted the material on apublic website previously maintained by the Independent Police Review Authority (IPRA),located at www.iprachicago.org/news publications/case portal/, and now maintained by theCivilian Office of Police Accountability (COPA). Included in the Release Recommendations isa provision for ongoing review of the proposed policy. As tie Task Force stated:

The provisions of this policy should be reviewed by the City after it has been ineffect for one year (or sooner if appropriate) in order to determine whetherexperience with its implementation and application supports revision of the policywith respect to any issue, including (but not limited to) whether the 60-day periodand the 30-day extension it provides for may be shortened or whether its scopemay be expanded to cover additional types of incidents.

(Release Recommendations, ¶ VI) The City is now codifying the Release Recommendationsinto a formal policy. This Policy incorporates the provisions of the Release Recommendations,as well as additional provisions that reflect guidance on topics not addressed in the originalrecommendations.

I. PURPOSE AND POLICY CONSIDERATIONS

As the Task Force noted in its recommendations, this Policy is intended to strike a balancebetween competing and sometimes conflicting interests of (a) the public in timely access to videoand audio recordings and particular related initial police reports pertaining to certain incidentsinvolving the use of force by police officers; (b) individuals who are the subject of the policeaction; and (c) units of local, state, and federal government (including agencies of the City)involved in investigating or otherwise addressing the consequences of those incidents. Theprivacy rights of citizens involved in the events are also an important consideration.

II. SCOPE

A. Incidents. Consistent with Municipal Ordinance Code Section 2-78-120(c) and (d), thisPolicy encompasses the following types of incidents: (1) those in which any CPDmember, while on-duty or off-duty, discharges a firearm in a manner that strikes, orpotentially could strike, another individual, even if no allegation of misconduct is made;(2) those in which any CPD member discharges a Laser or stun gun in a manner that

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strikes another individual and results in death or great bodily harm; and (3) those inwhich, as a result of the possible use of force by a police officer or other City employee,the death of, or great bodily harm to, a person occurs while that person is in the custodyof the CPD or during attempts by CPD police officers to apprehend a suspect. (Referredto hereinafter as the "Incident.") "Great bodily harm" means any injury that is seriousenough to require treatment in a hospital or similar facility located in a correctionalinstitution.

B. Recordings and Reports. This Policy applies to the following items that relate to anyIncident: all video and audio recordings related to the Incident, including tapes of 911calls, OEMC dispatch recordings, CPD radio calls, video and audio recordings from CPDdash or body cameras, video recordings from CPD or OEMC POD cameras or other City-controlled cameras, and any video or audio recordings made using cameras or equipmentnot owned or controlled by the City that come into the possession or control of CPD,COPA, or OIG; and any CPD arrest reports, original case incident reports, tacticalresponse reports (TRRs), and officer's battery reports (OBRs) related to the Incident.(Referred to hereinafter as the "Information.")

An audio or video recording "relates to" an Incident when it (1) depicts or captures anyportion of the Incident; (2) depicts or captures a CPD Department member activelyconducting law enforcement activity at the scene of the Incident; or (3) depicts orcaptures a CPD Department member's conduct while en route to the scene of theIncident. In the case of OEMC dispatch recordings, audio "relates to" an Incident whenit captures references to the Incident, or is otherwise relevant to the Incident based on theproximity of time or location, or the persons involved.

III. RELEASE OF INFORMATION

A. Timing of Release of Information. Any Information covered by this Policy shall bereleased to the public no more than 60 calendar days from the date of the Incident unlesseither a request is made to delay the release of any or all of the Information pursuant tothis Policy or the release of the Information is prohibited by court order. Where anyvideo or audio recording covered by this Policy made using cameras or equipment notowned or controlled by the City comes into the possession of the City after the date of theIncident, it shall be released to the public no more than 60 days after it comes into thepossession of the City, but the City shall make every effort to provide for the release ofsuch recordings simultaneously with the release of other Information related to theIncident.

B. Requests to Delay Release. Upon written request from a government entity specifiedherein, the City will delay release of Information for a period not to exceed 30 calendardays. Any such request shall be made in writing and shall be directed to the CorporationCounsel. The Corporation Counsel shall determine whether the requested delay iswarranted, and shall grant or deny the request within 5 business days of receiving such arequest. Where a request is received on the day of publication, publication shall be

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delayed until the Corporation Counsel renders his/her decision. Such a request may bemade by the United States Attorney for the Northern District of Illinois, the Cook CountyState's Attorney, the Attorney General of Illinois, COPA, or any other federal, state,county or local law enforcement agency. Any request must set forth with specificity thelength of the delay requested (not to exceed an additiona130 calendar days, except whenextraordinary cause is shown) and shall set forth as reasons supporting the requesteddelay one or more of the factors listed at 5 ILCS 140/7(1)(d)(i) through (vii). In addition,any such request must identify the specific items) sought to be temporarily withheldfrom release. The written request to delay release itself will be released to the publicimmediately upon receipt using a portal or website used for the distribution ofInformation subject to this Policy. The City will not honor any further requests to delayrelease beyond the initial request, and will not honor a request for a delay of release thatexceeds 30 calendar days. The City will honor a court order prohibiting the City fromreleasing Information, even when such an order results in a delay greater than the timeallowed for requests under this Policy. Nothing herein prevents the City from redactingor withholding records or portions of records pursuant to the exemptions set forth in 5ILCS 140/7(1)(d), or the mandates of other laws, including but not limited to the laws setforth in Section V(b) of this Policy.

C. Early Release of Information. Where doing so will not compromise an ongoinginvestigation, any Information covered by this Policy may be released before theexpiration of 60 calendar days, and may occur as soon as possible after the Incident.

D. Manner of Release of Information. The City shall create and maintain a publiclyaccessible website, dropbox or similar portal dedicated to the posting of the Informationcovered by this Policy.

IV. NOTICE TO AFFECTED PARTIES

Prior to the release of the Information, COPA will attempt to notify any person who was thesubject of the police action and is depicted in any video recording, or if that person is deceasedor otherwise unavailable, that person's legal representative and/or next of kin (the "affectedparties"), that the video recording and any related Information will be released and the date ofthe release. COPA shall also offer to promptly make available for review by such affectedparties the video and audio recordings) in which that person was depicted, in advance of itspublic release. COPA shall provide "affected parties" with information regarding the status ofany investigation underway by COPA at that 'time, to the extent that such information can beprovided without compromising any ongoing investigation.

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V. LEGAL CONSIDERATIONS

This Policy is intended to govern the conduct of the City and its agencies and officials withrespect to the matters it covers. It is not intended to create, displace, or supersede any legal rightor remedy available to any person or entity. It is also not intended to prevent or hindercompliance by the City with respect to any legal obligations, including (but not limited to):

(a) any order of court; or(b) any obligation to redact or withhold information from any item covered by this Policy

before its release to the public. This includes (but is not limited to) obligations under:

a. The Health Insurance Portability and Accountability Act of 1996 ("HIPAA").Material to be withheld under HIPAA includes audio recordings capturing thediscussion of Protected Health Information with the Chicago Fire Department,which is a Health Care Provider under that Act.

b. The Illinois Juvenile Court Act, 705 ILCS 405/1-1, et seq. Material to bewithheld under the Juvenile Court Act includes law enforcement records(including video and audio recordings) that relate to a subject who has been"investigated, arrested or taken into custody" before his 18th birthday, 705ILCS 405/1-7, unless a court order allowing for their release has beenobtained pursuant to 705 ILCS 405/1-7(c).

c. The Illinois Law Enforcement Officer-Worn Camera Act, SO ILLS 706/10-1,et seq. That Act prohibits the public release of certain body-worn camerafootage, including (but not limited to) where a subject of the recording has notbeen arrested and has a reasonable expectation of privacy.

d. The Illinois Identity Protection Act, 5 ILCS 179/1, et seq., which prohibits theCity from publicly posting or displaying an individual's Social SecurityNumber.

Further, it is not intended to prevent the City from exercising its right to redact informationexempt from production under the Illinois Freedom of Information Act, 5 ILLS 140/1, et seq.

The City's inclusion of an Incident or Information within this Policy, and the subsequent publicrelease of that material, in no way suggests that the City or any of the involved City entities havemade any determination regarding the conduct of any CPD member or other City employee, thecause of injury to or death of any individual, or, whether any released material bears any legalrelevance to a particular Incident. The City and its entities including, but not limited to theChicago Police Department, COPA and the Department of Law do not waive any rights availableto them under any law by including an Incident under this Policy.

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOISCIVIL DEPARTMENT, CHANCERY DIVISION

WILLIAM CALL4WAY,

Plaintiff, )} Case No. 18 CH 8965

v. )

CHICAGO POLICE DEPARTMENT, )}

Defendant. )

DECLARA`T'ION OF BRANDON CRASE

I, Brandon Crase, state the following under oath:

1. I am employed by the City of Chicago Civilian Office of Police Accountability

{"COPA") as Senior Litigation Counsel. My job duties include overseeing any litigation

involving CODA and also managing COPA's FOIA responses. I have worked at CODA since

June 2017.

2. COPA was created by ordinance of the Chicago City Council. (See Chicago

Muziicipal Code ("MCC") 2-7$-100, et seq,) Pursuant to that ordinance, COPA's mission is to

provide a just and efficient means to fairly and timely conduct investigations within its

jurisdiction, including investigations of alleged police misconduct and to determine whether

those allegations are well-founded, applying a preponderance of the evidence standard; to

identify and address patterns of police misconduct; and, based on information obtained through

such investigations, to make policy recommendations to improve the Chicago Police Department

("CPD") and reduce incidents of police misconduct. (See MCC 2-?8-110.)

3. COPA's duties include, among other things:

(b) To conduct i~~vestigations into complaints against members of the ~'oliceDepartment alleging domestic violence, excessive, force, coercion, or verbal abuse;

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(c) To conduct investigations into all incidents, including those in which noallegation of misconduct is made, in which, a Police Department member discharges: (i)a firearm in a manner that potentially could strike another individual, (ii) a stun gun orLaser in a manner that results in death or serious bodily injury, or (iii) in the ChiefAdministrator's discretion, other weapons discharges and other use of Police Department-issued equipment as a weapon that results in death or serious bodily injury;

(d) To conduct investigations into incidents, including those in which noallegation of misconduct is made, where a person dies or sustains a serious bodily injurywhile detained or in Police Department custody, ar as a result of police actions, such asduring attempts to apprehend a suspect; [and]

(e) To conduct investigations into all incidents of an "officer-involved death," asthat term is defined in 50 ILCS 727/1-5[.]

MCC 2-78-120(b-e).

4. In order to facilitate COPA's investigations, the City Council has provided that

"[i]t shall be the duty of every officer, employee, department, and agency of the City to

cooperate with the Office in any investigation undertaken pursuant to this chapter. Any

ezxiployee or appointed officer of the City who violates any provision of this chapter sha11 be

subject to discipline, including but not limited to discharge, in addition to any other penalty

provided in this chapter." MCC 2-78-140.

5. Pursuant to its duties set forth in MCC 2-78-120, cited. in Paragraph 3 above,

CODA opened an investigation into the July 14, 2018 police-involved shooting death of Harith

Augustus. That investigation continues at this time. COPA's investigations involve, among

other things, gathering and reviewing documentary and physical evidence, gathering and

reviewing video/audio evidence, and interviewing wiEnesses.

6. It is my understanding that nn July 1 S, 201$, CPD released to the public one of

several videos in its possession from the body-worn cameras of the officers who were present at

the time of the shooting.

7. Because of COPA's ongoing investigation into the incident, COPA objected to

the release of additional materials from the incident at that time. It is COPA's position that the

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release of further material at that tinne could have interfered with COPA's ongoing investigation.

The reasons for this objection are set forth in a July 19, 2Q18 letter from COPA Chief

Administrator Sydney Robez~ts to CPD Superinteandent Eddie Johnson, attached hereto as Ex. 1;

and Roberts' remarks July 18, 2018 at a meeting of the Chicago Police Board, attached hereto as

Ex. 2 (see specifically pages 4-8).

8. It is my understanding that CPD received a Freedom of Information Act ("FOIA")

request from WXlliam Calloway dated Sunday, July 15, 2018 (zeceived by CPD on Monday, July

16, 2018) seeking dash cam, body cam, acid surveillance video collected as part of the

investigation into the shooting of Mr. Augustus. The release of the material that Mr. Calloway

requests could have impeded COPA's ongoing investigation for the reasons set forth in Ex. 1

and 2.

9. If called to testify as a witness, I can testify competently to the matters and facts set

forth herein.

Under penalties as provided by law pursuant to Sectzon 1-109 of the Code of Civil

Procedure, 735 ILCS 5/1-109, the undersigned certifies that the statements set forth in this

i~~strument are true and correct, except as to matters therein stated to be on information amd belief

and as to such matters the undersigned certifies as aforesaid that he verily believes the sanne to be

true.

Signed this 6th day of August, 2018.

c~~` '—

—,' ---~~~~~andc~ii K. Grasc

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•.INTEf, RITY r TRANSPARENCY w iNDEPENDEN CE • TIME:I.INESS

T~ia Electrnnrc Mail

July 19, 2018

Eddie T. JohnsonSuperintendent of PoliceChicago Police Department3510 S. Michigan AvenueChicago, Illinois 60653

Dear Superintendent Johnson:

I write regarding the Chicago Police Department's release of certain video footage related to theJuly 14, 2018 officer-involved death of Mr. Harith Augustus.

We are concerned that the Deparhnent's release of select —and edited —video from the incidentundermines the process for release of information carefully established by the City. Strayingfrom these established policies can frustrate efforts to restore trust and confidence in this City'saccountability system. The Department's decision to release certain video, but not other video oraudio from this incident has placed COPA in the untenable position of attempting to maintain theintegity of our investigation after the Department has already released some —but not all — ofthe relevant video. This piecemeal and arguably narrative-driven video release breedssuspicions, which may ultimately undermine COPA's ability to successfully investigateallegations of misconduct and officer involved shootings — an outcome inconsistent with theCity's efforts at reform.

Furthermore, and of critical importance, publicly releasing video prior to COFA conducting keyinterviews creates the substantial risk that witnesses to an incident, civilian or sworn, mayintentionally or unintentionally comport their recollection of the events with what they have seenin the video. Additionally, such unilateral public release does not allow COPA, as it is requiredto do under the City's Video Release Policy, the opportunity to afford the deceased's next of kinreview of the video prior to its release.

As a f~rnaer law enforcement officer, I understand the need for public safety and theDepartrr~ent's concerns and obligations in that regard; however, there are other methods ofensuring public safety that the Department could have —and has previously —used that do notrisk undermining a subsequent investigation. The Department elec#ing to release video in aneffort to quell public concern in this instance has the real potential to undermine theaccountability process by establishing a dangerous precedent in which video is released onlywhen it serves to justify the actions of Department members. That would be a step backward,not forward, for Chicago's transparency efforts. Public safety must be maintained even in

1615 WEST CHICAGO AVENUE, 5TH FLOOR, CHICAGO, ILLINOIS 60622312.743.COPA (COMPLAINT LINE) ~ 312.746.3609 (MAIN LINE) ~ 312.745.3598 (7lY) ~ WWW.CHICAGOCOPA.ORG

~~

~( ~~~`' .

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instances in which there is no video appearing to provide justification for the Departmentmember's actions or, worse, when there is video that appears to undermine a Departmentmember's actions. To the extent the Department's decision addressed a real or perceived risk ofpublic safety, any short-term success in that regard comes with an increased risk to public safetyin the future should the Department make a different decision in the immediate aftermath ofanother incident. In short, any narrative-driven decision relating to release of information mayundercut COPA's ability to balance transparency with investigative needs, and may alsoundercut the long-term goal of public trust.

The City and its citizens will only come to trust the Department as well as the entire oversightsystem when there is trust in the system and the process. COPA therefore requests that theDepartment cease any further release of information in this case or other COPA investigationswithout the express concurrence of COPA.

Respectfully,

,- a~ ~ -/~~~~Sydney R. RobertsChief AdministratorCivilian Office of Police Accountability

cc: Walter Katz, Deputy Chief of Staff for Public Safety, Office of the Mayor

-2-

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Report of Proceedings - July 19, 2018 1

1 POLICE BOARDCITY OF CHICAGO

2PUBLIC MEETING

3Chicago Public Safety Headquarters

4 3510 South Michigan AvenueChicago, Illinois

5Thursday, July 19, 2018

6 7:30 p.m.

7 - - - - - - - - - - - - - - - - - -

8APPEARANCES:

9POLICE BOARD MEMBERS T~~, ~. iT~~^r,rT~

1 ;1~I1~1+7vlS,110 GHIAN FOREMAN, PresidentEVA-DINA DELGADO

11 MICHAEL EADDYSTEVE FLORES

12 JOHN P. O'MALLEY, JR.JOHN H. SIMPSON (Via audio conference)

13 RHODA D. SWEENEYPAULA WOLFF

14 ANDREA L. ZOPP

15ALSO PRESENT:

16 EDDIE T. JOHNSON, Superintendent of Police;CHARISE VALENTE, General Counsel to the

17 Superintendent of Police;SYDNEY ROBERTS, Chief Administrator, Civilian

18 Office of Police Accountability;MAX CAPRONI, Police Board Executive Director.

19

20

21

22

23

24

Victoria Legal + Corporate Services800.827.7708 www.victorialcs.com

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Report of Proceedings - July 19, 2018

1 PRESIDENT FOREMAN: Good evening. I am

2 Ghian Foreman, president of the Chicago Police

3 Board. I'm calling the meeting to order.

4 Board member Simpson is unable to attend this

5 meeting in person. Is there a motion to permit

6 attendance via audio conference?

7 BOARD MEMBER EADDY: So moved.

8 PRESIDENT FOREMAN: Second?

9 BOARD MEMBER FLORES: Second.

10 PRESIDENT FOREMAN: All in favor?

11 (CHORUS OF AYES.)

12 PRESIDENT FOREMAN: Any opposed?

13 (NO RESPONSE.)

14 PRESIDENT FOREMAN: Motion passes.

15 We begin the meeting by welcoming

16 a new board member of the Police Board, Paula

17 Wolff, Director of the Illinois Justice

18 Project. The City Council approved Mayor

19 Emanuel's appointment of Dr. Wolff on June

20 27th. Welcome.

21 BOARD MEMBER WOLFF: Thank you very much.

22 PRESIDENT FOREMAN: The first item of

23 business is the approval of the minutes of the

24 Board's regular public meeting held on June

Victoria Legal + Corporate Services800.827.7708 www.victoriales.com

2

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1 14th, 2018. Is there a motion to approve the

2 minutes?

3 BOARD MEMBER SWEENEY: So moved.

4 BOARD MEMBER EADDY: Second.

5 PRESIDENT FOREMAN: All in favor?

6 (CHORUS OF AYES.)


8 (NO RESPONSE .

9 PRESIDENT FOREMAN: Motion passes.

10 Our next public meeting will be

11 held on Thursday, August 9th, at 7:30 p.m. here

12 at Chicago Public Safety Headquarters. Please

13 note that this meeting will be on the second

14 Thursday of the month, as opposed to the third.

15 At this time, I ask for a motion

16 to close a series of executive sessions for the

17 purposes of considering personnel matters in

18 litigation as authorized by Sections 2(c)(1),

19 (3) , (4) and (11) of the Illinois Open Meetings

20 Act. Is there a such a motion?



23 PRESIDENT FOREMAN:' All in favor?



3

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2 (NO RESPONSE . )

3 PRESIDENT FOREMAN: The motion passes.

4 A report of the disciplinary

5 actions taken by the Board during the previous

6 month has been made available at this evening's

7 meeting. This report and the Board's written

8 findings and decisions are posted on the

9 Board's website. There are no disciplinary

10 matters on which the Board will take final

11 action this evening.

12 The general orders and other

13 directives issued by the Superintendent of

14 Police during previous months are listed in the

15 books made available at this evening's meeting

16 and are posted on the Police Department's

17 website.

18 The next item is the statement

19 from the Chief Administrator, then followed by

20 the Superintendent's report to the Board.

21 MS. ROBERTS: Thank you, Mr. President.

22 The tragic death of Mr. Agustus last Saturday

23 in South Shore has raised many legitimate

24 questions. And as the lead investigative body


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1 in all fatal shootings by members of the

2 Chicago Police Department, the Civilian Office

3 of Police Accountability recognizes and

4 acknowledges the public's interest to know all

5 the circumstances that led to the death of

6 Mr. Agustus.

7 First and foremost, I again send

8 my condolences to the family of Mr. Agustus.

9 And would like to say that this is an open and

10 ongoing investigation.

11 COPA is in the very early stages

12 of this investigation. And it has been less

13 than a week since the incident occurred.

14 I want to assure the public that

15 COPA has not reached a conclusion in this

16 investigation. Many unanswered questions

17 remain. Many facts are still unknown,

18 witnesses to be identified, interviews and

19 evidence to be examined and analyzed.

20 I appreciate and empathize with

21 the community's desire for more information.

22 And as the Chief Administrator,

23 it is my duty to balance that need against the

24 duty to ensure that actions are nottaken that


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1 may compromise the integrity of this

2 investigation.

3 Publicly, on numerous occasions,

4 we have stated that protecting the integrity of

5 our investigation is paramount and must never

6 be compromised.

7 To that end, COPA must ensure

8 that witnesses, civilian or sworn, do not

9 intentionally or otherwise comport their

10 interview statement to what they observed on

11 video rather than their independent

12 recollection.

13 Further audio and video released

14 prior to the interview of key witnesses creates

15 substantial risk to the integrity of this

16 investigation.

17 COPA is committed to

18 investigating this incident and all matters

19 under its jurisdiction in a fair, competent and

20 thorough manner, independent of outside

21 influence, bias or prejudice.

22 COPA is equally committed to

23 transparency. To that end, we will release all

24 video, audio, and 911 communications at the


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1 earliest point, while still preserving the

2 integrity of the investigation, on no later

3 than September 12th, 2018, which is 60 days

4 from the date of the incident as reflected in

5 the City's transparency policy.

6 In addition, in accordance with

7 the municipal ordinance, we will publicly post

8 on our website a summary of this investigation.

9 I note, given the history of

10 police oversight in Chicago, asking for your

11 patience and trust is a lot to ask, but as the

12 new Chief Administrator, I am asking just that.

13 The recently released video has

14 not caused COPA to reach a conclusion in this

15 case.

16 A substantive investigation is

17 currently underway, and COPA will reach its

18 findings based on the facts of that

19 investigation without influence or interference

20 by any individual or institution.

21 I ask that COPA, given the

22 opportunity to do what we have been tasked to

23 do, and that anyone with information in this

24 case to contact our office at 312-716-3609.


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1 This concludes my statement. And

2 to not compromise this investigation, I will

3 not be answering questions on this case. Thank

4 you very much.

5 PRESIDENT FOREMAN: Thank you.

6 Superintendent?

7 SUPERINTENDENT JOHNSON: No report.

8 PRESIDENT FOREMAN: I will now call on

9 those members of the public who signed up in

10 advance to speak.

11 When your name is called, please

12 step up to the microphone. We ask that you

13 limit your comments to two minutes.

14 Bishop Greg Greer.

15 MR. GREER: Good evening, everyone. Bishop

16 Greg Greer. I'm asking, asking that we do

17 something. My team, Freedom First

18 International, over the last six months has

19 researched trends with officers who have had

20 high -- high levels of public native contacts,

21 meaning disciplinaries and complaints, but

22 small disciplinaries from a systematic

23 standpoint.

24 We understand that there are


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1 systems in place to get these officers and

2 discipline these officers, but I would say, the

3 public would say, that right now, we're not

4 doing the job we should.

5 I'm going to give you an example.

6 We researched -- the number one officer in

7 Chicago that's had a major problem with the

8 public is Officer Martin Teresi. Martin

9 Teresi. Badge number 11254. He works out of

10 District 22, Morgan Park. 47 complaints and

11 only one discipline. A $92,000 -- a $92,000

12 litigation for excessive force. What are we

13 doing to get these officers off the streets?

14 What are we doing? How can we do a better job?

15 Maybe that is half of the problem. How can we

16 restore public trust, Chief Johnson, if we have

17 officers who are walking, ticking time bombs,

18 and they are not doing the jobs they are

19 supposed to do?

20 I'm going to give you one more.

21 Adam Zelitzky. I can't even pronounce his

22 name. Z-E-L-I-C-Z-K-Y. Badge number 2381,

23 District 11. 51 complaints and only one

24 discipline, on top of a $70,000 excessive force


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1 misconduct lawsuit.

2 These officers make any of these

3 officers who are doing a good job look bad.

4 What can we do, Chief Johnson? What can we do?

5 PRESIDENT FOREMAN: Thank you, Bishop

6 Greer.

7 BISHOP GREER: I got two things and I'm

8 leaving. 2 have one thing to say. I'm sorry.

9 Consent decree. Consent decree. Consent

10 decree. We need it.

11 PRESIDENT FOREMAN: Thank you. Next

12 speaker, William Calloway.

13 (NO RESPONSE.)

14 PRESIDENT FOREMAN: Next speaker, Marc

15 Hoard. Marc Hoard.

16 (NO RESPONSE.)

17 PRESIDENT FOREMAN: Next speaker Nataki

18 Rhodes. Good evening, Ms. Rhodes.

19 MS. RHODES: Good evening. I got the time

20 thing on so I can keep aware of my time.

21 To Eddie Johnson, you are not

22 telling the truth to the public. Black women

23 were assaulted, beaten with billy clubs. I was

24 one of the women.


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1 Police officers on 71st and

2 Jeffrey, as you look in your page, and I don't

3 know why it is not your report, black women

4 were beater by your officers. We were chased

5 down the street. My son was -- ran into Old

6 Landmark Church. Billy clubs was drawn on us

7 after you all leave, officers had left, after

8 the press had left. And this is the way that

9 you say police training and deescalation is. I

10 have plenty of audio, video. And that's why we

11 need to end. CPAC can come over here.

12 Kim, her son was -- tell what

13 happened to your son, Kim.

14 MS. HOLLOWAY: Good evening. On June 1st,

15 my son was targeted by the 4th District, by the

16 CPD, had my son from eighth grade pinned on the

17 ground with they guns -- they had my son that's

18 from eighth grade pinned on the ground with

19 guns drawn to him saying he had a gun. And

20 it's been fake articles out there saying he was

21 arrested from Chicago Public School, saying he

22 had an AK 47, but this did not occur. My son

23 have graduated from eighth grade. And I wish

24 that they stop with the defamation of character


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1 regards to youth being targeted by these

2 police. It's sad.

3 PRESIDENT FOREMAN: I'm sorry. What's your

4 name?

5 MS. RHODES: So police brutality is going

6 on. Her name is Kimberly Holloway. She has a

7 report in. Police brutality is going on in the

8 5th Ward, the 20th Ward, the 9th Ward. She

9 lives in the 10th Ward, from the 4th District.

10 And he's not being truthful about his officers.

11 When they come to deescalate, they pull out

12 their batons.

13 And that's what I'm telling you,

14 Andrea Zopp, that's why we were in front of the

15 mayor's house today, and we going to continue

16 until he get up out of office.

17 PRESIDENT FOREMAN: Next speaker is Crista

18 Noel. Crista Noel.

19 (NO RESPONSE . )

20 PRESIDENT FOREMAN: Next speaker is Pamela

21 Hunt.

22 MS. HUNT: Good evening. I want to say,

23 yes, we need a consent decree. And I also want

24 to say that Rahm has to go. Rahm is a major


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1 problem, and it starts at the top with that

2 culture.

3 So let me quickly hit four items.

4 With Mr. Agustus, my concern is, Superintendent

5 Johnson, you released that tape because you

6 wanted to show him with a gun, and you feel

7 that that's a justified shooting. That's why

8 you released the tape. I understand what the

9 community asked for, but if that tape had in

10 any way been to the detriment of any of those

11 officers, in your opinion, you wouldn't have

12 released it.

13 Sze my concern is , this

14 investigation, they're going to find that

15 shooting justified. So I'm not going to waste

16 my time with that .

17 But let me tell you, I looked at

18 that tape 20 times. The initial tape, the

19 first five, six seconds, Mr. Agustus, he was

20 engaged with the officer. And I'm asking the

21 media and everybody to look at that. The

22 officer was standing in a position, not

23 defensive, not looking distressed. He was

24 having a conversation with Mr. Agustus, and


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1 Mr. Agustus was then providing, I guess,

2 whatever form of identification. Then you have

3 the other two officers, specifically the female

4 white officer, to come up in the rear and then

5 reach for his gun.

6 So what I'm saying to you, there

7 is no deescalation policy. And if this is a

8 new trainee, then that's problematic.

9 See, you all keep saying it's

10 training. We know it's racism. I don't know a

11 psychologist who is going to tell us that that

12 training is going to resolve this.

13 I've said it before, officers

14 know how to patrol the north side. Officer

15 Rialmo, he doesn't unload and shoot a white

16 woman or a white boy. You all know that. He

17 doesn't do that on the north side. Officers

18 don't behave that way on the north side. So I

19 know what the outcome of this investigation is

20 going to be, and we do need community -- we do

21 need community CPAC. We do need community

22 oversight, because you all cannot get it right.

23 And Rahm has to go. Rahm

24 wouldn't allow this to happen to the Jewish


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1 community.

2 PRESIDENT FOREMAN: Next speaker is EvAngel

3 YHWHnewBn.

4 MS. EvAngel YHWHnewBN: You were really

5 close.

6 Hello. Greetings. Officer

7 shot -- in June, last month, two things,

8 officer shot Maurice Granton, Junior, in the

9 back on 47th and Prairie in Bronzeville.

10 But what disturbs me is, I always

11 speak before the Board meeting.

12 Superintendent, you've met with so-called

13 community leaders, and none of them showed up

14 at the Board meeting. And so that whole

15 shooting was squashed.

16 Now, it sent a very bad message.

17 When you start meeting with -- behind closed

18 doors with so-called community leaders, one of

19 them Jedidiah Brown, and I come to these

20 meetings fairly often, I have never seen him at

21 this address in a Police Board meeting, but

22 that's who they had before the cameras.

23 So none of those community

24 leaders -- I don't know how you get your


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1 community leaders, a list, but this is what

2 it's all about, transparency, and we are not

3 getting it, when you go behind closed doors and

4 make decisions and the press don't show up at

5 the meeting and neither does the so-called

6 leaders.

7 I'd like disclosure on what went

8 on in those meetings.

9 Number two, Jeffrey -- on Monday,

10 I wanted to go to the rally. Police officers

11 had yellow tape from 67th and Jeffrey to 71st

12 and Jeffrey saying that it is -- was a crime

13 scene and asking people for IDs as they walked

14 down the street. And so I know what a crime

15 scene looks like. I saw them a couple of days

16 ago. Somebody was murdered -- a Latino was

17 murdered in my backyard. Not my backyard, but

18 two doors before me. So I know what a crime

19 scene is. And he was not telling the truth

20 regarding that. And, again -- my time's up?

21 PRESIDENT FOREMAN: Yes, ma'am.

22 MS. EvAangel YHWHnewBN: Again, they are

23 creating situations to use deadly force, and it

24 has to stop.


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1 PRESIDENT FOREMAN: Thank you.

2 Next speaker is Dawn Vitrano.

3 Drawn Vitrano.

4 (NO RESPONSE.)

5 PRESIDENT FOREMAN: Next speaker, Queen

6 Sister.

7 QUEEN SISTER: I don't want you all to take

8 these balloons on my head and mistake me for a

9 clown. But this is part of the way I get down.

10 In Chi town, you need to know,

11 and I'm not fully plugging this for the black

12 blood, I'm restoring the smiling face of the

13 child. The black child in particularly. And I

14 need you to look around when you ride around in

15 your big fancy cars and come on over to the

16 hood, right outside the village, right before

17 you get into the street, and step into that

18 flood of blood flowing into my village. These

19 babies are not smiling anymore. They are

20 traumatized. And it's real. Who's sitting

21 there? Look in my bag and give me those

22 invoices so that I can give it to them.

23 Officers, can you please give

24 these to the members. Would you be so kind.


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1 Take the bag and take one and pass them down.

2 You all claim you want solutions.

3 I know that's not what you want. Here, in the

4 village, we take safety in our community very

5 seriously. If I had put Tasers and Mace out,

6 you'd have said, Queen Sister, you're starting

7 a black militia. We put over 500 whistles out

8 on the street to be used as a defense, safety

9 mechanisms. These are not toys.

10 On the bank the labels will

11 indicate they are to be used in case of

12 emergencies and emergencies only.

13 They have been issued to several

14 of your police departments. We dropped the bag

15 off today for the headquarters, and they are at

16 the desk. We would like to keep them there,

17 because the public knows that they will be

18 available at your neighborhood police stations

19 and your alderman's offices and your

20 neighborhood libraries and the park districts.

21 It's a must.

22 Prior to issuing them here,

23 because you play these games and create these

24 facades, we had to send them to the Department


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1 of Defense, Home Security first, to make sure

2 that we get our chop of the federal dollars,

3 and they are not diverted, Andrea Zopp, to the

4 new Americans out of respect for the old Negro.

5 I want to say, excuse me, Eddie

6 Winslow, I find it very, very, very disturbing

7 that you don't know your jurisdiction. That

8 you do not know when they set that march that

9 you did not have jurisdiction over the

10 expressway. That questions your

11 professionalism and just how qualified you are

12 in this position of authority.

13 But I want you all to know that I

14 know. Give me two seconds. When you take that

15 seat of authority, you abandoned your

16 obligation to black people.

17 PRESIDENT FOREMAN: Thank you. Next

18 speaker is Michael Flournoy.

19 (NO RESPONSE.)

20 PRESIDENT FOREMAN: Next speaker, George

21 Blakemore.

22 (NO RESPONSE . )

23 PRESIDENT FOREMAN: Next speaker, Robert

24 More.


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1 MR. MORE: It is the 19th of July of 2018.

2 Robert J. More speaking on behalf of Michael

3 the Archangel. This is the component of the

4 Police Board. This is really a blurry picture

5 that comes out, but posterity, my intentions

6 are the best. Here's my disclaimer. I didn't

7 have a chance to put it on. Okay. So here's

8 the situation. Superintendent Johnson, I

9 address the issue. There's been posted in the

10 JN21-15PROTCTR.tripod.com website, Thirst for

11 Justice website. St. Michael the archangel.

12 $10,000 reward if my body is found somewhere.

13 And so that creates -- which would already be

14 present anyway. In my estate there's a

15 property interest in my estate. So what I need

16 is some type of protocol where there will be no

17 interference with the private securement of the

18 body. This is part of a larger project, not

19 just Michael the Archangel, of all the people

20 what's called the main core list. That list

21 also is the people who are the FEMA red and in

22 many cases blue list. It is the class of

23 people that been identified as being the

24 biggest source of obstruction to the completion


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1 of the destruction of the sovereigty of the

2 United States of America and subsumption of it

3 into their New World Order, the globalist New

4 World Order.

5 So the issue is two things. I

6 need protection from the FBI or some other --

7 and this is not just for me, but for similarly

8 situated people, protocol, that prevents the

9 FBI from claiming under supremacy clause, or

10 any other putative legal authority, the

11 authority to require local policing entities,

12 City of Chicago, Cook County, or State of

13 Illinois to depart the situation and leave the

14 investigation to the FBI.

15 The second thing that is

16 necessary is access to private individuals to

17 secure the body and to get a private autopsy

18 and also secure the crime scene.

19 So what do I have to do to

20 get -- to negotiate a protocol with you?

21 I'm banned in every courthouse

22 in -- so I can't file anything through any of

23 these corrupted court systems. That is my

24 first priority.


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1 So if I can please get an answer

2 to this question. You might not be here for

3 another six months. Can I get an e-mail

4 address? Mr. (Inaudible) resigned, so I guess

5 I'm not going to get that resolved. But can

6 you give me -- can I get that locked down

7 somehow?

8 SUPERINTENDENT JOHNSON: I'll give it to

9 you.

10 MR. MORE: Thank you. I can meet with you

11 afterwards to get that resolved, because I'm

12 already two minutes up.

13 PRESIDENT FOREMAN: At this time, all those

14 persons who signed up in advance to speak have

15 been recognized.

16 Is there a motion to adjourn?



19 PRESIDENT FOREMAN: Thank you. All in

20 favor?



23 (NO RESPONSE.)

24 PRESIDENT FOREMAN: The motion passes and


22

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1 the meeting is adjourned. Thank you.

2

3 (WHEREUPON, the proceedings

4 were adjourned at 8:01 p.m.)

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STATE OF ILLINOISSS:

COUNTY OF C O O K )

MAUREEN A. WOODMAN, C.S.R., being first

duly sworn, says that she is a court reporter

doing business in the City of Chicago; that she

reported in shorthand the proceedings had at

the hearing of said cause; that the foregoing

is a true and correct transcript of her

shorthand notes, so taken as aforesaid, and

contains all the proceedings of said hearing.

r;r ~f

r~F~

ti

MAUREEN A. WOODMAN,CSRLicense No. 084.002740


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Police Board Monthly Meeting v. Report of ProceedingsJuly 19, 2018

$10,000 (1)20:12

$70,000 (1)9:24

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Policc Board Monthly Meeting v. Report of ProceedingsJuly 19, 2018

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THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY ... · In other words, the incident occurred on...

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