Community, frustrated by alleged anti-gay cop, loses cool with local police

Community, frustrated by alleged anti-gay cop, loses cool with local police
By Amy Wooten
Copyright by The Chicago Free Press
September 3, 2009
http://www.chicagofreepress.com/node/3849


Concerned that a Chicago police officer that has multiple federal suits filed against him is still working the streets in the heart of Boystown, several GLBT community members and activists attended two Chicago Police Department 23rd District committee meetings, but still left frustrated.

On Aug. 26, about a dozen local activists, alleged victims and concerned community members attended the 23rd District’s GLBT Subcommittee meeting, which is held every three months.

Typically, such meetings have very low attendance, but anger and frustration over news that 23rd District Officer Richard Fiorito, who is accused of being anti-gay and falsifying DUI charges to rack up overtime pay, is still working the overnight shift while an internal investigation of him continues, inspired individuals to turn out.

During the open forum portion of the meeting, Gay Liberation Network’s Andy Thayer discussed the lawsuits, and said, “He (Fiorito) should not have policing powers with such an overwhelming body of evidence pointing to his guilt.”

Attorney Jon Erickson told CFP there are now 21 plaintiffs with lawsuits filed against Fiorito, and roughly 10 more in the pipeline.

Erickson added that his office has interviewed approximately 40 people who claim that Fiorito falsely accused them.

Other audience members expressed that they are angry, disappointed and afraid that an alleged homophobic cop still works the streets.

Chicago Police Department’s GLBT community liaison Officer Jose Rios and Sgt. Beth Giltmier listened to the audience’s concerns, and explained that the 23rd District has no influence over the matter, and that the internal investigation of Fiorito is out of their hands.

“The 23rd District, no matter how far up you go, has no power,” Giltmier said.

Audience members, led by Thayer, demanded that the subcommittee pass a formal resolution calling upon command-level Chicago police staff to remove Fiorito from his police powers pending resolution of both the internal investigation and federal lawsuits against him. Both Rios and Giltmier refused to call the resolution to a vote, saying that subcommittees and committees aren’t set up for that and don’t have any legislative powers. Rios explained that the role of the committees is to relay information to the community and advise the commander about any concerns.

Rios added that in his nine years attending subcommittee meetings, “we’ve never had this many people in a room.”

Giltmier advised that concerned citizens instead contact people in power who can make those decisions, such as the Chicago Police Department’s Internal Affairs Division (IAD), the Independent Police Review Authority (IPRA) or authorities who have more influence, such as local politicians.

The Cook County State’s Attorney can also file criminal charges against an officer, but they have yet to charge Fiorito.

In the case of Fiorito, IPRA, which decides when an officer is removed, suspended or placed on desk duty, received complaints about the officer and launched an investigation. CFP learned that IAD is also investigating Fiorito.

As of press time, both IPRA and IAD have not provided CFP answers to questions regarding the internal investigation.

Thayer called the resolution to a vote anyway, and the audience voted for it. Neither officer present participated in the voting process, and Giltmier quickly called the meeting to an end. Rios assured a frustrated audience that he would pass along the concerns to his commander.

Afterwards, community members expressed their dismay that the officers said they would not pass a resolution.

Activist Bob Schwartz said that it was important to do so, because “community pressure often gets results.”

The following day, on Aug. 27, many of the same community members attended the 23rd District Area Committee (DAC) meeting, which is comprised of CAPS officers, subcommittee chairs and others.

Again, the audience demanded a resolution be passed. DAC members refused, pointing out that not only are district committees not legislative bodies, but also that many officers present did not feel they had enough about the cases to make an informed decision.

The DAC chair later told CFP that activists’ claims that a resolution was passed in the GLBT subcommittee was misleading. He likened it to 50 citizens attending a city council meeting and trying to pass a resolution from the audience. “It’s not going to happen like that,” he said.

Additionally, the official report of the recent meeting did not indicate that a resolution was passed.

While they wouldn’t call a vote on the resolution proposed by an audience member, committee members said they would inform the commander of all concerns. They also reiterated that it was out of their hands to do anything while an investigation continues. Many committee members said they also emphasize with the community, and if the allegations are true, they too want the officer removed.

“I feel helpless sitting here because I can’t do anything,” said Sgt. Alex Silva.

“If it is correct,” said DAC chair Elliot Fredland, a former officer, “it is a disgrace and also something should be done about it.” Fredland added that he has “no tolerance” for bad cops.

“I’m extremely disturbed, as are you.”

Fredland, like others, advised, that the community continue to speak up. “What you need to do is make more noise,” Silva agreed, adding that he felt that a resolution was “silly” while activists could be calling and picketing people in power.

He and others said they were surprised that community members, who first heard about lawsuits being filed against Fiorito in April, hadn’t called police officials, or politicians like the mayor.

After the meetings, 23rd District Commander Kathleen Boehmer told CFP that both the GLBT Subcommittee and District Advisory Committee reported back to her with the community’s concerns. She added that she didn’t see any report that a resolution was passed, adding, “That’s not how these committees work.”

Like others, Boehmer said she does not have the power to place any officer on desk duty. “I don’t have any authority to strip someone of their duty,” she said.

That doesn’t mean that she’s not concerned, she added. “Believe me, nobody is more concerned than I am that we continue to ensure all citizens are safe,” Boehmer said. “I’m eager to have some resolution to this issue, too.”

“But like citizens have a right to due process, so do the police,” Boehmer continued. “We’re waiting for that process to finish.”

The commander encouraged people to call the 23rd District (312-744-8320) if they witness or experience anything they believe might be unlawful or out of the ordinary. She also encouraged people who believe they are victims to contact IPRA (312-745-3594) and IAD (312-745-6125). Boehmer added that she hopes the community continues to be active and involved.

“I’m totally committed to all of our officers giving good police service to all members of our community,” Boehmer said.

On Tuesday, a federal judge ruled to allow 19 plaintiffs to join a class action lawsuit alleging a continuing course of conduct. “This is a major victory,” Erickson said.