Witness-rights plan backed
New police policy would meet suit's concerns, judge says
By Michael Higgins
Tribune staff reporter
Published November 15, 2005
A federal judge ruled Monday that a proposed policy of the Chicago Police Department protects the right of witnesses to choose not to talk to police and that a court orderis not needed for now.
U.S. District Judge James Holderman issued the ruling in a lawsuit that alleges police regularly violate the constitutional rights of witnesses by holding them in interview rooms for days and not telling them that they are free to leave.
At a hearing last month, lawyers for the witnesses asked Holderman to issue a preliminary order that would change how police treat witnesses, at least until the lawsuit is resolved.
But during the hearing, city officials offered their own proposal. The proposed policy, which is not yet final, would instruct detectives to tell witnesses that they have a right to leave during questioning and to provide the witnesses with regular food and bathroom breaks.
"The court believes that the promised [Police Department] policy ... would alleviate the concerns identified by the plaintiffs," Holderman wrote in a 15-page opinion.
Holderman said that the plaintiffs and police officers disagreed sharply at the hearing about how witnesses are treated.
But, he said, "Ultimately, however, this court need not decide whether the police officers or the plaintiff witnesses were testifying truthfully because this court's decision rests on the promised special order introduced in the middle of the hearing."
Lawyers for the witnesses won a victory on a separate issue, when Holderman ruled that their lawsuit could proceed as a class action.
As for the city's new policy, "It remains to be seen ... whether the city will follow through," said Locke Bowman, an attorney at the University of Chicago's MacArthur Justice Center, which represented the witnesses.
City officials were pleased with Holderman's decision, said Law Department spokeswoman Jennifer Hoyle.
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mjhiggins@tribune.com
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