State of Illinois Torture Inquiry and Relief Commission met June 15.
Here are the minutes provided by the commission:
PRESENT:
Commissioners Present
Commissioner Kathleen Pantle
Commissioner Steven Block
Commissioner Daniel Fenske
Commissioner Robert Loeb
Commissioner Tim Touhy
Commissioner Stephen Thurston
Alternate Commissioner Vanessa del Valle ‘
Alternate Commissioner Autry Phillips
Commissioners Absent
Alternate Commissioner Bennett Kaplan
Commissioner Johanes Maliza
Staff Present
Rob Olmstead (Executive Director)
DeAndrea Brown
Luana Montoya
Aryn Evans
Michael Knight
Demetria Norris
Jerry Wynn
William Marino
I. Call to Order/Members Present
On June 15, 2022, at approximately 2:13 p.m., Acting/Alternate Chair Pantle called the meeting of the Illinois Torture Inquiry and Relief Commission (TIRC or Commission) to order. Chair Pantle noted that she had determined that an in-person meeting would be impractical and imprudent due to the rise of COVID-19 cases and thus the meeting was being held virtually via video conference. Therefore, all votes would be by roll call and reminded commissioners to state their name before giving any comment so that other commissioners and members of the public would know who was speaking. Present were Chair Pantle and Commissioners Loeb, Touhy, Thurston, Block, Fenske, as well as Alternate Commissioners Phillips comprising a quorum. Alternate Commissioner del Valle was also present but did not contribute to the quorum because the primary Commissioner for her position (Loeb) was present. Chair Pantle introduced and welcomed newly appointed Commissioners Daniel Fenske and Johanes Maliza.
II. Claims
1. STURGEON, George (TIRC No. 2014.222-S)
Director Olmstead noted that the Commission’s previously considered this claim in June of 2021. He mentioned that the facts of the case were presented by Kirkland and Ellis law firm attorney Kyle Kantarek, who recommended referral, in which he concurred. Commissioners at that time were split 3-3 on whether to refer, and so the matter was deferred until Commissioners could have a full panel vote on the matter. Olmstead noted for the record that all commissioners had been provided with a recording of the Commission’s previous consideration of Sturgeon’s claim so that those who were not present then would be privy to all discussion and evidence in the case. Olmstead noted that TIRC did perform 30-day crime victim notification in this matter and if any family members of the victim Roosevelt Owens were present, they would be afforded an opportunity to speak before Commissioners voted.
Aryn Evans, pro bono liaison, who worked closely with Mr. Kantarek on this determination, presented the recommendation in his stead. Ms. Evans summarized the claim of George Sturgeon and recommended the case to be referred for judicial review. No family members of the victim, claimant, or attorney addressed commissioners. Commissioners Pantle, Block, Fenske, Phillips, Loeb, Touhy, and Thurston voted unanimously 7-0 to refer the claim; Alternate Commissioner del Valle also registered an additional non-binding advisory vote to refer. Director Olmstead thanked Kyle Kantarek of Kirkland and Ellis and Aryn Evans for their work.
2. JENNINGS, Korey (TIRC No. 2014.259-J)
Director Olmstead informed commissioners that Andrew Porter, Sarah Bakker and their team from the law firm of Salvatore Prescott Porter & Porter LLC investigated the claim of Kory Jennings and drafted the recommended disposition, in which he concurred. Olmstead informed commissioners that they had worked closely with TIRC pro bono staff liaison, Aryn Evans and thanked them all. Olmstead noted that 30-day crime victim notifications were sent out and if anyone was present, they would have the opportunity to address commissioners before the vote.
Sarah Bakker stated the facts of the case and recommended that the Commission deny the claim for a lack of sufficient and credible evidence. Commissioner del Valle found it significant that the claimant was held in custody for a long period of time and that he refused to sign a statement. She also asked about the allegations about the slaps and his denials of the crime.
No family members of the victim came forward to address Commissioners.
Eric Jennings, the brother of Korey Jennings addressed Commissioners. He told Commissioners about his involvement and recollection of the arrest and time of Korey Jennings being held in custody. Eric said he heard noises coming from the interrogation room and stated that he himself was never hit.
No attorney addressed Commissioners.
Commissioners Pantle, Block, Fenske, Loeb, Touhy, and Thurston voted not to refer the claim; Alternate Commissioner Phillips voted to refer. Alternate Commissioner del Valle registered an additional non-binding, advisory vote not to refer. Commissioners voted 6-1 not to refer the claim for judicial review. Olmstead and Chair Pantle thanked Andrew Porter, Sarah Bakker and their team at Salvatore Prescott Porter & Porter LLC for their assistance investigating this claim. `
3. FIGUEROA, Juan (TIRC No. 2013.173-F)
Director Olmstead informed Commissioners that the investigation and drafting of this claim was done by Kyle Calhoun, Brandon Brown, Laura Uhlenhuth, Rose Zorc and Kristen Molloy, of Kirkland & Ellis law firm. He thanked them for their extensive work, consideration, and draft determination, in which he concurred. He also thanked Aryn Evans, TIRC pro-bono liaison. Olmstead noted for the record that 30-day crime victim notification was performed in this matter and if any relatives of the victim, Aldemar Perez, were present, they would be afforded the opportunity to speak before the Commission voted.
Kyle Calhoun presented the facts of the Figueroa claim and recommended referral for judicial review. Commissioner Loeb found it to be a close call.
No crime victim family members, family members of Juan Figueroa, or attorneys addressed commissioners. Chair Pantle called for a voice vote. Commissioners voted unanimously 7-0 to refer the claim; Alternate Commissioner del Valle registered an additional, non-binding, advisory vote to refer. Chair Pantle and Olmstead thanked the team of Kirkland & Ellis for their work.
4. ROSARIO, Luis (TIRC No. 2014.220-R)
Director Olmstead informed Commissioners that this claim was begun by a contract staff attorney who left TIRC before this case was concluded. Attorney Supervisor Luana Montoya stepped in to complete the remaining work and to draft the determination in this matter, with which he concurred. Olmstead noted that 30-day crime victim notifications in this matter were performed, and if any victim family members were present and wished to speak, they would be able to do so before the commission voted.
Attorney Supervisor, Luana Montoya presented the claim of Luis Rosario and recommended the claim be denied for the lack of sufficient, credible evidence. No family members of the victims addressed Commissioners. Mariam Santiago, the mother of victim Angel Ruiz addressed Commissioners and expressed the pain and hurt she endured from the killing of her son. She agreed with the recommendation and encouraged Commissioners not to refer the claim for judicial review. Destiny Feliciano, the daughter Luis Rosario addressed Commissioners and expressed how she felt about the underlying crime. No attorney addressed commissioners. Commissioners voted unanimously 7-0 to deny the claim for judicial review; Alternate Commissioner del Valle also registered an additional non binding advisory vote to refer.
5. MASON, Antoine (TIRC No. 2013.172-M)
Director Olmstead thanked Amanda Enyeart, Sami Fenton and Christian Nemeth, a team of attorneys from McDermott Will and Emery, for their long-term assistance investigating and drafting the recommendation, with which Olmstead concurred. Olmstead noted that 30-day crime victim notification had been performed and if victim relatives are present, they would be afforded the opportunity to speak before the Commission voted.
Sami Fenton presented the claim of Antoine Mason and recommended the claim be denied for the lack of sufficient, credible evidence. No family members of the victims addressed Commissioners. Antione Mason’s mother addressed Commissioners and stated that her son did tell her about the alleged torture. Kristina Menzel, post-conviction attorney for Antoine Mason addressed commissioners and stated that her client did tell her about the torture allegations, and she is investigating as well.
Commissioners voted unanimously 7-0 to deny the claim for judicial review; Alternate Commissioner del Valle also registered an additional non-binding advisory vote to deny.
6. BAILEY, Javier (TIRC No. 2012.136-B)
Director Olmstead informed commissioners that this claim was investigated and analyzed by Kirkland and Ellis. Olmstead thanked Hannah Alice Suh, Akshay Deoras and Josefin Sjoestroem of that firm for their extensive work on the matter, and to Aryn Evans, who oversaw the process. Olmstead noted for the record that 30-day crime victim notifications were sent out, and if the victim in this matter was present, she would be afforded the opportunity to address Commissioners before they voted.
Hannah Alice Suh presented the claim of Javier Bailey and recommended that the Commission deny the claim for the lack of sufficient and credible evidence. No victim or victim family members addressed commissioners.
Javier Baily addressed Commissioners about the underlying crime. Chair Pantle reminded him that the Commissioners are only making recommendation based on the claim of torture. Bailey said that he told his attorneys about the torture and the first attorney did not raise the issue in court.
No attorneys addressed commissioners.
Commissioners voted unanimously 7-0 to deny the claim for judicial review; Alternate Commissioner del Valle also registered an additional non-binding advisory vote not to refer.
7. SALGADO, Paul (TIRC No. 2014.160-S)
Director Olmstead informed commissioners that this claim was investigated and analyzed by contract staff attorney Michael Knight, and he would be presenting recommendation, with which Olmstead concurred. Olmstead thanked Knight for his extensive work on the matter, and his supervisor, Luana Montoya, for overseeing it. Olmstead noted for the record, that TIRC did perform crime victim notification in the matter, and if any relatives of the victim, Julio Rodarte, were present and wish to speak they could do so before the Commission voted.
Michael Knight presented the claim of Paul Salgado. Knight summarized the claim of Salgado and recommended the case be referred for judicial review. Chair Pantle agreed with recommendation. No family members of the victim, or attorney for claimant addressed commissioners.
Michelle Shalise, the sister of Paul Salgado read a statement on behalf of her brother. She encouraged commissioners to refer the claim for judicial review.
Commissioners voted unanimously 7-0 to refer the claim; Alternate Commissioner del Valle also registered an additional non-binding advisory vote to refer.
8. ZAPADA, Yohn (TIRC No. 2013.189-Z)
Director Olmstead informed commissioners that this claim was investigated and analyzed by contract staff attorney Demetria Norris, and she would be presenting recommendation, with which he concurred. Olmstead thanked Norris for her extensive work and supervisor, Luana Montoya, for overseeing it. Olmstead noted for the record, that TIRC did perform crime victim notification in the matter, and if any relatives of the victim, were present and wished to speak they could do so before Commission voted.
Demetria Norris presented the claim of Yohn Zapada and recommended the claim be denied for alack of sufficient, credible evidence. Commissioner Fenske asked if the claimant alleged that he did not make the statement in question. Norris confirmed that was correct. Alternate Commission del Valle thought that the case was a close call.
No family members of the victim addressed commissioners.
Maria Dieppa, the mother of Yohn Zapada addressed commissioners with the assistance of her translator, Blanca. Maria talked about her son being held for 66 hours and the situation took him away from his family. She thanked Commissioners for investigating the claim.
Steven Becker, the attorney for Zapada addressed Commissioners talk about the long hours of being held in custody and encouraged Commissioners to refer the case for judicial review.
Commissioners voted unanimously 7-0 to deny the claim for referral; Alternate Commissioner del Valle also registered an additional non-binding advisory vote to refer.
Minutes Approved 8/17/2022
9. HARRINGTON, Jerry (TIRC No. 2014.252-H)
Chair Plantle informed Commissioners that the claim was not for consideration or a vote however, they wanted to make a record of the closing of a case when a claimant withdraws claim.
Director Olmstead informed Commissioners that Mr. Harrington’s attorney provided a formal written notice on April 19, 2022, that Harrington was withdrawing his claim. In the letter, the attorney stressed that the withdrawal should not be considered an indication of the merits of his claim, rather that it was just a strategic decision on which avenues his legal team wants to pursue, as he currently has other court action pending. Olmstead thanked Contract staff attorney Demetria Norris, who pursued waivers and an interview in this case for several months before Harrington and his attorneys decided to withdraw the claim.
III. Approval of Minutes February 16, 2022; April 13, 2022
Chair Pantle presented the February 16, 2022, minutes, for approval. Commissioner Thurston moved to approve the minutes; Commissioner Block seconded. Commissioner Fenske abstained from the vote. The minutes were unanimously approved by Commissioners 6-0 by roll-call vote with an additional non-binding advisory approval vote by Alternate Commissioner del Valle.
Chair Pantle presented the April 13, 2022, minutes, for approval. Commissioner Loeb moved to approve as amended; Commissioner Phillips seconded. Commissioner Block and Fenske abstained from the vote. The minutes were unanimously approved by Commissioners 5-0 by roll-call vote with an additional non-binding advisory approval vote by Alternate Commissioner del Valle.
IV. Executive Director Report
Director Olmstead reported that the FY2023 budget was granted, and it was instrumental in plans for staffing. He mentioned that TIRC would be able to convert current contract staff attorney positions into regular staff attorney positions. He believed the conversion would provide the Commission with more stability, less turnover and more experienced staff, and increase case disposition rates. Olmstead informed commissioners that the position creation and approval process, as well as the hiring was a long-drawn-out process strictly dictated by the Central Management Services office as well as a federal hiring monitor. Olmstead was pleased to report great progress on the effort with the help of Claudia Ortega and Sam Judd at the Human Rights Commission, TIRC’s sister agency, as well from as Ericka Hines of CMS.
Olmstead reported approval to advertise for both the Case Attorney positions and the vacant General Counsel position. He informed Commissioners that those positions were posted for two weeks on the state’s website as well as on the Chicago Bar Association’s website and were closed to new applications. CMS reviewed applications and would be sending names of the top 12 applicants in each category for interviews. Olmstead stated that he had scheduled interviews to be conducted from approximately June 21 through June 30, with offers to be made immediately afterwards in consultation with the chair, with offers going out July 1 or soon thereafter, Olmstead hoped to have new employees on board by the start of the July B pay period, which is July 18, but given that some new employees likely have to give notice to current employers, some may not start until the beginning of the August pay period on August 1. Olmstead planned to keep Commissioners updated as they move forward.
Olmstead was pleased to report new information regarding follow-up on claims that the Commission referred to court. He informed commissioners that he periodically checks in with prosecutors and defense attorneys to track the outcome of cases that TIRC referred to court. After his last check in, he noticed three cases that had stagnated, with no apparent assignment to a judge or assignment of counsel. Working with Bill Marino, TIRC’s file retrieval expert, they re-noticed those cases before the presiding criminal court judge for further attention. Olmstead was happy to report that those cases were re noticed before Judge Reddick and assigned to a trial judge.
Olmstead believed those 3 cases slipped through the cracks during the pandemic, when TIRC changed its process for filing with the court from in person to mail. As a result of that change, he believed the notices may have gone to circuit court clerks who were not familiar with the process for noticing up TIRC cases. Olmstead informed commissioners that TIRC staff had resumed filing cases in person via Bill Marino, and it appeared to have corrected any oversights on the clerk’s part.
Olmstead reported that he learned more about appointment of counsel for claimants that TIRC refers to court. He mentioned that the Public Defender’s Office had taken the position that TIRC claims are beyond the statutory mandate of their office, and they are declining to take TIRC-referred claims when a TIRC post-conviction proceeding is the only post-conviction action pending. Olmstead mentioned that TIRC has pledged to work with their office and other interested parties in coming up with a solution. He informed commissioners that a conference between our office, the public defender, the state’s attorney and other attorneys interested in providing representation for TIRC claimants to further discuss the situation and arrive at a long-term solution is being scheduled. Olmstead plans to continue to track this matter and update the Commission as developments progress.
Olmstead reviewed a recent appellate court decision relevant to the commission. On April 25, 2022, the Appellate court issued its decision in the appeal of Jerome Johnson, a case this Commission referred to court in April 2018. That claim dealt with two criminal convictions, one of which Mr. Johnson went to trial on and another to which he plead guilty. This Commission determined that, in accordance with our precedent in the Tony Anderson case, Johnson’s confessions in both matters were “used to obtain the conviction” of Johnson in each case, as our statute requires, and therefore were within our jurisdiction to refer to court. In one conviction, the plea, prosecutors cited the confession as the factual basis for the plea, and in the other conviction, the trial, the confession was not introduced at trial, but Johnson’s trial lawyer confirmed that its existence kept her from putting Johnson on the stand in his own defense, thereby being “used to obtain the conviction.” The trial court ruled that the plea waived any errors, and that the confession was not used to obtain the conviction in the trial case, and so denied the Johnson’s petition under the TIRC Act.
The appellate court, in its ruling, explicitly endorsed the TIRC’s position that a plea does not automatically waive post-conviction TIRC review but must instead be examined on a case-by-case basis to determine whether the confession was used to obtain the conviction. The court made a ruling that a guilty plea does not waive a TIRC claim when the plea was rendered prior to the TIRC’s creation. Olmstead believes that this gives some direction to an issue that has been in dispute. He also believes that it affirms TIRC case law interpretation of the statutory phrase “used to obtain the conviction”. It also endorsed TIRC’s position that a confession that keeps a defendant from testifying in his own defense has been “used to obtain the conviction” under the TIRC Act.
Olmstead stated that the case was also notable because it ruled that, unless TIRC is manifestly erroneous in its referral of a claim, that claim must receive a hearing on the torture issue.
Olmstead informed commissioners that the court ruled that a TIRC-referred claim entitles the claimant to the assignment of the case to a judge who has not previously considered the case. The special prosecutor has asked the appellate court to reconsider the ruling, but unless it is overturned, it answers several questions surrounding the Act. He stated that it endorses the soundness of TIRC’s legal reasoning in its case law.
Olmstead stated that TIRC is indebted to former Executive Director Barry Miller, who drafted the Anderson case that the court cited heavily in rendering its decision. He thanked him for his careful counsel and past leadership.
Olmstead stated that TIRC had an inquiry at last meeting’s public comment about whether TIRC was entitled to communicate with TIRC claimants using the designation of “legal mail” on the outside of envelopes delivered to state prisons. He mentioned that the person who commented thought if TIRC used this designation, it would help ensure prisoners are receiving determinations from TIRC. Olmstead position was that the designation “legal mail” was reserved solely for counsel for prisoners to use, but there was some disagreement on that. Olmstead checked with the general counsel for IDOC and confirmed that the legal mail designation is not one that TIRC can or should use. That designation is reserved for a very specific subset of correspondence as outlined in IDOC administrative rules and TIRC does not qualify to use it. Olmstead stated that TIRC is investigating other ways to ensure IDOC prisoners are receiving notice of final determinations.
Olmstead welcomed questions. There were none.
V. Public Comment
Chair Pantle called for public comments. There were none.
VI. Closed Session - CANCELLED
1) Closed under Pending Litigation Exemption (5 ILCS 120/2(c)(11) – Wilson v. Burge et al., 21-CV-3487 2) Closed under Pending Litigation Exemption (5 ILCS 120/2(c)(11)) – People v. Muhammad
Chair Pantle asked if any of the Commissioners wanted to motion to go into closed session; there were none.
VII. Adjournment
Commissioner Loeb moved to adjourn meeting. Commissioner Thurston seconded. Commissioners unanimously voted to adjourn the meeting.
https://tirc.illinois.gov/content/dam/soi/en/web/tirc/documents/minutes/2022.06.15-Minutes.pdf
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