Alleged anti-gay cop files motion to stay, placed on leave

Alleged anti-gay cop files motion to stay, placed on leave
By Amy Wooten
Copyright by The Chicago Free Press
October 15, 2009
http://www.chicagofreepress.com/node/3982


A Chicago police officer who has been accused of trumping up DUI charges and targeting gay and lesbian motorists in the heart of Boystown has reportedly been placed on administrative leave.

23rd District officer Richard Fiorito is the subject of an ongoing criminal grand jury investigation and recently filed a motion to stay the proceedings of a civil trial involving a deaf woman who alleges that the cop falsified her DUI charges and denied her civil rights.

But attorney Jon Erickson, who represents the plaintiff, told CFP that, as of early last week, Fiorito is now off the streets.

The woman’s federal civil lawsuit against the officer is of one 21 lawsuits filed against him.

On Oct. 6, Fiorito’s attorneys filed a motion to halt legal proceedings until the Cook County State’s Attorney’s Office resolves its ongoing grand jury criminal investigation of the officer’s conduct.

The plaintiff, Susan Kolinek, alleges that Fiorito violated several of her civil rights when he arrested her and charged her with a DUI in January 2008. Kolinek, who is deaf, alleges that the officer used excessive force, falsified the DUI charge and failed to accommodate her disability by denying her an interpreter during the field test. Her case is one of 21 federal civil lawsuits filed against Fiorito for allegedly falsifying DUI charges. The attorneys representing these clients say the officer is motivated by overtime pay and an anti-gay animus. Several of the cases filed against him mention the use of excessive force and anti-gay language.

Kolinek twice testified before a grand jury regarding Fiorito’s conduct. According to the Fiorito’s attorneys, if Kolinek’s civil lawsuit against Fiorito were to proceed, the officer would not be able to provide a proper defense because of the ongoing grand jury investigation.

According to the motion filed, Fiorito’s attorneys believe a grand jury investigation could have a significant impact on the civil trial because Kolinek might be called as a witness during the criminal investigation. The ongoing grand jury investigation, according to the document, would also “interfere with his potential defense and force him to choose between his Fifth Amendment Rights and defending this lawsuit” to avoid self-incrimination.

Fiorito’s attorneys believe that it is unfair to continue legal proceedings because Fiorito is likely the subject of criminal scrutiny due to the grand jury investigation. The document also mentioned that a stay is appropriate because Kolinek’s attorney informed the judge during a hearing that he had reliable information that Fiorito was going to be indicted.

Criminal charges have not yet been filed against Fiorito. However, gay activists were pleased to learn last week that the officer had been placed on administrative leave.

“Winning this victory was a long time coming,” said Gay Liberation Network co-founder Andy Thayer in a statement. “It’s important to note that the CPD was well aware of this problem many months ago, but as a result of dragging their heels, Fiorito was allowed to harass and violate the rights of many more people over the ensuing months.”

Thayer added that placing Fiorito on leave is a first step. “While we savor this victory, it’s important to note that removing Fiorito’s policing powers is only a first step—he is still getting full pay, still is employed by the City, and still is not under arrest despite plenty of probable cause evidence of criminal wrongdoing.”