The Cook County State's Attorney has announced that they
will not file criminal charges against CPD Officer Richard Fiorito, accused of faking evidence in multiple DUI arrests. He still faces federal civil rights lawsuits from nearly 40 people.
After spending nearly a year investigating the allegations, a spokesman for the State's Attorney said that there were too many "credibility issues" with the witnesses:
"Based upon that investigation, it was determined that there were a
number of inconsistencies. A number of the witnesses had severe
credibility issues. And it was ultimately determined we wouldn't be
able to meet our burden which in a criminal case is beyond a reasonable
doubt," said Dan Kirk, Alvarez' chief of staff.
In early October,
the Chicago Police Department placed Fiorito on administrative leave
after ABC7 news aired dash-cam video that seemed to show
inconsistencies in his written police reports.
But the state's
attorney's office says many of the alleged victims were not credible
after reviewing their testimony in different hearings.
"Individual witnesses' testimony differed in ways that can't be
explained between different hearings and that is all I can really say
about it," said Kirk.
The burden of proof in a civil lawsuit is significantly lower than it is in a criminal trial--remember OJ? While no cop is above the law, we're not below it either, and police officers accused of criminal conduct have the same constitutional protections as any other defendant.
Frankly, it doesn't surprise me that a group of 20 or 30 plaintiffs, represented by the same attorneys, could come forward with essentially similar stories about an officer that they wanted to beef on. And, while the released squad videos are open to interpretation, they certainly do not prove
beyond a reasonable doubt that Officer Fiorito committed perjury or falsified evidence. Nor will Officer Fiorito "
walk away scott free". He still faces an internal investigation which could lead to the loss of his job, and the plaintiffs might still be successful in their civil suits.
As for the idea that Anita Alvarez is somehow protecting Officer Fiorito? That allegation is, simply, ridiculous. Alvarez' own spokesman points out that the State's Attorney has charged five other CPD officers with felonies within the past year. Anita Alvarez took office promising to go after bad cops, and if you read
posts like this at Second City Cop you'll see that many cops don't view her administration as being particularly "police friendly".
It could be that the Office of the State's Attorney is still smarting from the recent acquittals of other CPD officers that they targeted for prosecution. A judge recently ruled that the prosecution didn't even "come close" to proving their case against two officers accused of perjury and obstruction of justice in a 2004 drug case. More to the point, another CPD officer decorated for his DUI enforcement, John Haleas, had been indicted in 2008 for perjury, obstruction, and official misconduct. The State's Attorney dismissed 156 of his earlier DUI cases as a result.
In November 2009 a judge
dismissed the charges against Haleas, ruling that the State's Attorney had improperly used statements that Haleas gave during an internal investigation.
Like I've said before,
I'm no fan of overly zealous DUI enforcement, and cops who abuse their authority and commit crimes make me sick. Being an overly-aggressive ticket writer might make a cop a jerk, but it doesn't necessarily make him a criminal.