June 06, 2007

Government - Chicago, Illinois' Mayor Daley and Superintendent Philip Cline: Chicago Police Department 8th District Response To My Allegations

Update: February 7, 2007

There has been no response from the Chicago Police Department's 8th District. This is what happens when an entity governs and investigates itself.

Update: December 31, 2006

There has been no response from Chicago's Mayor Daley, Superintendent Cline, or the Chicago Police's 8th District. Corruption continues in the Chicago Police Department and in Mayor Daley's regime.

Update: August 22, 2006

On August 22, 2006 I met with Lt. Piscitelli of the 8th District. We discussed my letter dated February 18, 2006. She asked me if I still wanted to pursue my allegations. I informed her I filed a complaint with Office of Professional Standards (OPS) who forwarded my complaint to the Internal Investigations Department (IAD). Lt. Piscitelli informed me IAD forwarded my complaint to her for investigation. I really have a problem with an entity investigating itself. If this is the way IAD works, we know why our investigations never conclude anyone having violated anything.

I informed Lt. Piscitelli I wanted to pursue my allegations. Lt. Piscitelli had me sign a sworn affidavit. I was not given an oath. When presenting the affidavit signing to me, Lt. Piscitelli stated something to me which I thought to be intimidating and threatening because I was pursuing this matter. Lt. Piscitelli said something like if my statements are found to be untrue I could be prosecuted. I have signed many affidavits under Section 1-109 of the Illinois Code of Civil Procedure. Why state to me I could be prosecuted for my affidavit. Do they know what the affidavit stands for? I informed Lt. Piscitelli my affidavit affirms that my complaint is true and correct according my best recollection of events. I also informed her some of the statements in my writing were given to me from my brother Eddie, which makes those statements a 3rd party report.

This is absurd. I did not have to go to 8th District to sign an affidavit, as originally stated by Lt. Piscitelli. I could have faxed in a notarized affidavit as I have done before in a court of law.

I asked Lt. Piscitelli about my letter dated July 23, 2006. Lt. Piscitelli informed me she was not investigating that matter. I guess it will take another six (6) months before an investigation takes place. This must be the normal procedure for the OPS and IAD. No wonder nothing gets solved. It apparently gets pushed under the carpet.

Update: August 21, 2006

Lt. Piscitelli of the 8th District, Chicago Police Department, called me this morning about the issues below, reporting she was given the assignment to investigate. Lt. Piscitelli stated I needed to come to the 8th District to sign a affidavit. I informed Lt. Piscitelli I would come in on August 22, 2006 at 11:30 am to meet with her.

Update: August 16, 2006

I received responses from Ms. Tisa Morris, Chief Administrator for the Office of Professional Standards regarding my issues. The letters received are posted below. I am not sure which letter addresses what issues. I will contact Internal Affairs regarding these issues.

10 August 2006

OFFICE OF PROFESSIONAL STANDARDS
Tisa Morris, Chief Administrator
10 West 35th Street, Suite 1200
Chicago, IL 60616
(312) 745-3609

Dear Mr. Nance Jr.:


Your complaint registered with the Office of Professional Standards (OPS) on 07 Aug 06 has been forwarded to the Internal Affairs Division (IAD) for investigation. The Complaint Register Number is 314764.

The OPS registers all complaints against Department members. The OPS is only authorized to investigate complaints alleging excessive force, shootings where an officer discharges his/her weapon and strikes someone, deaths in custody, and domestic violence involving Department members. All other complaints are investigated by the IAD. Your complaint will be investigated by IAD. OPS will not have any information regarding the status of their investigation.

If you have not been contacted within ten days, you may contact IAD for information at 312-745-6349 between the hours of 9:00 a.m. and 5:00 p.m. Please have the CR number available before contacting IAD, this will enable them to access your information.

Sincerely,

Tisa Morris
Chief Administrator
Office of Professional Standards

TM/dmb

9 August 2006

OFFICE OF PROFESSIONAL STANDARDS
Tisa Morris. Chief Administrator
10 West ,5th Street. Suite 1200
Chicago, IL 60616
(312) 745-3609

Dear Mr. Nance:

The Office of Professional Standards (OPS) received your information on 07 Aug 06. Based on the information provided, no Complaint Register number was initiated. All of your information was documented and forwarded to the Internal Affairs Division (IAD) for their review. IAD will review the forwarded information and if warranted, will conduct a follow up.

The OPS registers all complaints against Department members. However, OPS is only authorized to investigate complaints of excessive force, shootings where an officer discharges his/her weapon and strikes someone, deaths in custody and domestic violence involving Department members. All other complaints are investigated by the IAD.

Should you have additional information that would support the initiation of a Complaint Register number, contact IAD at 312-745-6349 between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday. Please wait at least five days after the receipt of this notice before contacting IAD with any additional information.

Sincerely,

Tisa Morris
Chief Administrator
Office of Professional Standards

TM/dmb

Update: August 3, 2006

On August 2, 2006 I filed a formal complaint with Ms. Tisa Morris, Chief Administrator, of the Chicago Police Department's Office of Professional Standards at 10 West 35th Street, 12th Floor. Ms. Morris' phone number is 312-745-3609. I will also contact Attorney R. Eugene Pincham about this issue.

Update: July 29, 2006

No one has responded. It appears Mayor Daley and Superintendent Cline are still operating as alleged in cases involving police brutality. Senator Meeks needs to pick up on who is really responsible for the police brutality reported against CPD.

Update: July 27, 2006

The 8th District of the Chicago Police Department has not requested information from me on the incident I reported as a witness. This 8th District arrested 2 individuals in this matter. How can CPD arrest and charge an individual without gathering all the information available? Mayor Daley, Superintendent Cline, nor Commander James have responded to this letter. If I was Senator James Meeks maybe they might respond.

Update: July 23, 2006

Chicago Police Department
Commander Carroll James, 8th District
3420 West 63rd Street
Chicago, Illinois 60629

On July 22, 2006 at approximately 8:45 pm when I was leaving Midway Airport, I personally witnessed an assault and battery at approximately 5480 South Cicero Avenue. I called 911 reporting this incident.

As I was driving south on Cicero avenue, approaching the 55th street light I witnessed two black men standing in the middle of the streets talking to a white man. It appeared there was an automobile accident between the two black men and the white man. When I stopped for the light I noticed the two black men walking upon the white man. I spoke from my car window informing all of them I was calling 911. I also informed the two black men to stop walking upon the white man because if they hit him, they were going to jail. I informed them I would tell the police they hit the white man.

The two men stopped walking upon the white man. The white man then walked upon one of the black men and hit him in the face. The white man hit the black man first. I did not see the black men hit the white man. The white man then started running north on Cicero and the black men chased him.

As this was going on, I was on the phone with 911 telling them the story as it unfolded. A Chicago Police car was approaching the scene. I informed 911 there was a police car approaching and I will tell them what is happening. Another motorist (white) and I (black) started telling the police our story and pointing to where the men involved in the altercation were running. The other white motorist left the scene. He also called 911 reporting this incident. I stayed on the scene.

I approached the police officers after they had caught up with the individuals involved in this incident. I spoke to Officer Carey, who reported she worked out of the 8th District. I gave her my business card, informing her I was a witness to the altercation/assault and battery.

Officer Carey (white) told me I did not have to be a witness. Officer Carey told me I did not have to be on the scene of this incident. I informed Officer Carey I had a right to be here because I witnessed the incident. Officer Carey did not suggest, as she should have, I go to the 8th District to give my account of the incident as a witness. Instead, she attempted to get rid of me.

I asked Officer Carey for the phone number to the 8th District. Officer Carey informed me she did not know the phone number to the 8th District police station because it was a new location at 63rd and Homan. I retrieved the phone number and address on the Internet. I left the scene so as to not escalate the issues between Officer Carey and myself. I called 911 again speaking to Ms. Hoskins, reporting what transpired between Officer Carey and me and giving further information on the incident.

Officer Carey and her partner were driving a police squad car with license plate number M154038. The black men were driving a car with license plate number 6348754. The white guy was driving a SUV/car with license plate number 9153639.

Therefore, I am writing this letter because I am a witness to the incident, which took place at 55th and Cicero on July 22, 2006 at approximately 8:45 pm. I request this information entered as evidence in this matter. I request an interview by the investigators in this matter, in a neutral location such as 35th and Michigan. I also request this letter used as a written statement of the event which occurred on July 22, 2006 at 55th and Cicero. I additionally request an investigation into the actions of Officer Carey and her partner.

I have a problem with the way the Chicago Police Department, 8th District, handled this matter of my being a witness and the way the arresting officers handled the incident. Officer Carey and her partner handcuffed one of the black men and the white man. Officer Carey and her partner put the “black” man in their police car handcuffed. Officer Carey and her partner let the “white” man stand outside their car handcuffed. Why did these officers believe they should put the “black” man handcuffed in their squad car but let the “white” man stand outside their car handcuffed? How did they make a decision to put the “black” man in the car? Why didn’t they put the “white” man in their squad car? It appears racism is still running rampant in the Chicago Police Department.

Officer Carey and her partner can report they were waiting on an additional unit to come to the scene. But this would not wash out. When I approached the scene where Officer Carey and her partner had the individuals, there was another police car on the scene. Officer Carey and her partner informed their colleagues they had the matter under control. The other police officers left the scene.

I will post this on my website at: http://clickforjusticeandequality.blogspot.com/. This letter will be faxed to Commander Carroll James at 312-747-8545, along with a hard copy mailed. This is an assault and battery issue perpetrated by the white man involved in this matter. I have posted other issues on my website about the 8th District, along with making Superintendent Phillip Cline aware of that situation. I also alerted Mayor Daley.

Respectfully submitted,

Fred L Nance Jr., ABD, MA, CADC, NCRS

cc: Mayor Richard Daley
Superintendent Philip Cline

Update:

I faxed this letter to Mr. Richard Devine, Illinois Cook County State's Attorney, Mr. Philip Cline, Chicago Police Superintendent, Mr. Barry Maram, Director of the Illinois Department of Healthcare and Family Services, and to Ms. Mary Donoghue, Supervisor of the Illinois Cook County IV-D Child Support Enforcement Division.

I have asked to them to act on 720 Illinois Compiled Statute 5/10-5.5. I have asked them to communicate with each other providing the necessary information to prosecute under this criminal statute. I guess we can wait and see the developments.

March 3, 2006

Mr. Dick Devine
Cook County State’s Attorney
Administrative Services
69 West Washington, Suite 3200
Chicago, Illinois 60602

Re: Unlawful Visitation Interference-Chapter 720 ILCS 5/10-5.5

Mr. Devine:

On or about February 22, 2006 you sent me a letter stating you had forwarded my letter dated February 18, 2006 to Ms. Mary Donoghue, Supervisor of his IV-D Child Support Enforcement Division. On March 3, 2006 I called twice leaving a message for Ms. Donoghue to call me with her analysis on this investigation. Ms. Donoghue has not returned my calls. I left the message with Ms. Venus, twice.

On March 3, 2006 Ms. Donoghue returned my call at approximately 11:10 am. She informed me she could not pursue this matter because she did know where Ms. Lena Bennett lived. I informed Ms. Donoghue I received a letter from Mr. Barry Maram, Director of the Illinois Department of Healthcare and Family Services, which was written and signed by Ms. Pamela Compton, Administrator, stating the information my brother needs for his visitation is protected by state and federal laws, which is the address of Lena Bennett.

I informed Ms. Donoghue she could get the information of Lena Bennett’s whereabouts from the Illinois Department of Healthcare and Family Services. Ms. Donoghue informed me the State’s Attorney had an office at the Chicago Police Department’s 1st District, which she could give me the phone number so I can call them with the information I was giving her.

I requested she pass the information she wants to give me to that person like you passed my letter of February 18, 2006 to her. I informed Ms. Donoghue I was driving while talking to her, and that I could not write the number down she wanted to give me. Ms. Donoghue continued to talk about giving me the number. I informed Ms. Donoghue I would write this letter, post it on my website, and suggest to the public my brother should stop paying child support in order to get back into court to know where his child is located because it appears your office will not assist us.

I informed Ms. Donoghue the Illinois and Cook County system of justice should be able to work and contact each other to resolve this issue. Instead the system wants the layman or general public to call around town talking to the different entities and hire a lawyer. We the public would hope one of you would act as we believed you would when we went to the voting polls.

Sir, Ms. Donoghue spoke many times of the criminal statute, which is stated above. I requested of her, as I request of you, please act on the statute.

Fred Nance Jr., ABD, MA, CADC, NCRS

Update: March 3, 2006

Chicago Police Superintendent Philip Cline has not responded to the letter below. It may be he feels he does not have to respond to citizens of Illinois affected by his officer's misconduct. This non-response is an example of how his officers respond to complaints. The Chicago Police Department's unusual behavior and character mirrors its upper management style.

Illinois Cook County States Attorney Richard Devine sent me a letter dated February 22, 2006 stating he had forwarded my the letter below to Ms. Mary Donoghue, Supervisor of his IV-D Child Support Enforcement Division. On March 3, 2006 I called twice leaving a message for Ms. Donoghue to call me with her analysis on this investigation. Ms. Donoghue has not returned my calls. I left the message with Ms. Venus.

Illinois Department of Healthcare and Family Services denies responsibility!!!

I received a letter from Mr. Barry Maram, Director of the Illinois Department of Healthcare and Family Services, which was written and signed by Ms. Pamela Compton, Administrator, stating the information my brother needs for his visitation is protected by state and federal laws. In essence, my brother cannot know where his child support money is going or where he is supposed to pick his child up for court ordered visitation. It seems my brother may have to stop paying child support in order to get back into court to know where his child is located. Apparently, Governor Blagojevich's people do not care if a parent visits with their children. Posted in the comments below is the written letter I received.

Update: February 23, 2006

Illinois Cook County State's Attorney Richard Devine takes responsibility!!!

I received a letter today, February 23, 2006, from Mr. Richard Devine.

Mr. Devine states, "I am in receipt of your letter of February 18, 2006, which was faxed to our office. I am forwarding your letter to Mary Donoghue, Supervisor of our IV-D Child Support Enforcement Division, for her review." Signed Richard A. Devine

I have not heard anything from Superintendent Philip Cline or Mr. Barry Maram, Director of the Illinois Department of Healthcare and Family Services. May be they feel they do not have to respond to a public interest issue. Mr. Cline's office violated my brother's rights.

February 18, 2006

Superintendent Philip Cline
Chicago Police Department
3510 South Michigan Avenue
Chicago, Illinois 60653

Re: Edward Nance’s Visitation Order

I, Fred Nance Jr., am writing this letter on behalf of my brother, Edward Nance. On February 18, 2006 at approximately 9:00 am, my brother called the 8th District police station requesting an escort to 2877 West 84th place for court ordered visitation of his son, Jabaree Bennett. My brother reports he was instructed to go over to the house and call 911. My brother went to the house and called 911. Officer Raphael Boja of the 8th District came to the scene.

My brother and Officer Boja were told by the person answering the door Ms. Lena Bennett and his son did not live there. My brother reports the person answering the door was very hostile to Officer Boja cursing him out. As my brother was leaving the scene he requested a police report from Officer Boja. Officer Boja instructed my brother to go to the police station to get his police report.

My brother arrived at the 8th District police station requesting a police report. He was told he could not get police report because his visitation court order did not have an embossed stamp from the court attached to it. My brother called me, Fred L Nance Jr. I informed my brother I would accompany him if he decided to go back to the police station to get his police report.

My brother and I arrived at the 8th District police station at 3:15 pm. When asking Officer Buehler for a police report and explaining the issues, Officer Buehler informed my brother he could not get a police report because his court ordered visitation was a civil matter. We asked to speak to the Commander. Officer Buehler informed us we have to speak to Sgt. Flisk.

Sgt. Flisk approached me and my brother at approximately 3:55 pm. Sgt. Flisk looked at me and my brother stand there waiting to see him for over 30 minutes. I, Fred L Nance Jr., informed Sgt. Flisk I was not an attorney. I informed Sgt. Flisk I was with my brother for support.

My brother presented to Sgt. Flisk his agreed court order for visitation between Lena Bennett (the mother) and himself, previous police reports filed regarding denial of visitation, and a letter from Mr. Durman Z. Jackson, Deputy Supervisor of Child Support Enforcement Division of the Cook County State’s Attorney’s Office dated January 30, 2006 addressed to Fred L Nance Jr. My brother explained to Sgt. Flisk some of the previous police reports were given because Ms. Bennett, her spouse, and others who live in the house attacked him when he went for his court ordered visitation. My brother and I informed Sgt. Flisk also of the current events mentioned above requesting a police report. Mr. Flisk read Mr. Jackson’s letter. Mr. Jackson’s letter states, in part, “…if it can be proven beyond a reasonable doubt that a custodial parent: “…detains or conceals a child with the intent to deprive another person of his…rights to visitation…” then the custodial parent could be charged with the criminal offense of Unlawful Visitation Interference [Chapter 720 ILCS 5/10-5.5]. Your brother would have to contact the police to pursue this misdemeanor charge.”

Sgt. Flisk began legislating from the police station. Sgt. Flisk informed my brother he could not have a police report because he did not know who came to the door; he did not see the child in the window waving to him as if he was being kept from him; and the person who has custody did not come to door and deny him visitation. My brother requested a police escort from Sgt. Flisk to 2877 West 84th place for his court ordered visitation.

Sgt. Flisk informed my brother they give escorts to the President and the Queen of England. Sgt. Flisk informed my brother they are not going to give him a police escort to obtain his court ordered visitation. I asked Sgt. Flisk for the fax number to the 8th District police station and the Commander’s name. I informed Sgt. Flisk I wanted the fax number so I could fax my complaint letter to the Commander. Sgt. Flisk gave me Lt. Earnest as the Commander. Sgt. Flisk refused to give me the fax number to the 8th District police station.

At 5:15 pm I called the 8th District requesting to speak to Commander Lt. Earnest. Officer Hayes answered the phone. I requested to speak to Commander Earnest. Officer Hayes informed me I had to go through the chain of command. I asked her who I would have to talk to before I could speak to the Commander. Officer Hayes informed me I would have to speak to Sgt. Flisk. I informed Officer Hayes I had spoken to Sgt. Flisk while I was at the police station, and therefore, I should be able to speak to the Commander. Officer Hayes stated I would have to speak to Sgt. Flisk.

Sgt. Flisk came to the phone at about 5:30 pm. I gave Sgt. Flisk my name and reminded him my brother and I had just spoken to him. He informed me Lt. Earnest was busy and could not speak to me. I asked Sgt. Flisk if he was refusing to let me talk to his Commander. Sgt. Flisk informed me he could not talk to me anymore. I informed Sgt. Flisk I was writing this letter to Superintendent Cline and posting it on my website. Sgt. Flisk told me to do whatever I wanted to do and then he hung up on me.

Mr. Cline, is this way you run your office? When I went to the City of Chicago’s website attempting to gather the numbers I needed for the 8th District, I discovered the Commander of the 8th District is James Carroll. Mr. Cline, do your officers usually give the public false information? Sgt. Flisk was very demeaning and abrasive to my brother and me.

My brother called 911. He has a right to a police or incident report. Sgt. Flisk told my brother a police report was not going to help him in his civil matter. My brother stated to Sgt. Flisk, as he displayed his previous police reports again, if he did not have a police report from the 8th District about the issues presented today, February 18, 2006, the incident never happened as far as the court is concerned. Sgt. Flisk just looked at my brother.

Mr. Richard Devine: Who enforces court orders? It is my belief court orders are enforced by the courts and the police. What role does the Illinois Cook County State’s Attorney’s office play in this matter of a violation of court ordered visitation? My brother does not have a police report stating what was said to Officer Boja, but it is reported the person answering the door stated Lena Bennett and her son do not live at 2877 West 84th place. Sir, the court ordered visitation directs my brother to pick up and drop off his son at 2877 West 84th place, Chicago, Illinois, 60652.

Mr. Barry Maram: My brother informed me he pays child support, which comes out of his paycheck. My brother also informs me, to best of his knowledge, the child support payments are going to 2877 West 84th place, Chicago, Illinois, 60652. Sir, if this is true, who is cashing the checks you send if Ms. Lena Bennett does not live at this address?

There is something wrong with this picture. With the assistance of the 8th District, the Chicago Police Department is deliberately creating barriers for the proof needed for Lena Bennett’s violation of court ordered visitation. The Chicago Police Department is treating the public with intentional nefarious acts deliberately giving false information to avoid a complaint to a superior of conduct unbecoming a police officer, and for not providing a duty. If the Chicago Police Department promotes character and behavior such as demonstrated by Sgt. Flisk (white male), then the black male (my brother) does not have a chance to exercise the freedoms given in the Constitution. Sgt. Flisk is guilty of denying my brother access to your Commander, or is your Commander inaccessible for reporting unscrupulous and dishonest behavior?

Mr. Devine’s office has acted very professional and responsible in this matter. Mr. Jackson provided me with a letter dated January 30, 2006, that I provided my brother with to seek his court ordered visitation. Mr. Jackson responded to a letter I wrote and faxed to him on January 30, 2006. This correspondence addresses my brother’s visitation. I will post my letter and Mr. Jackson’s letter in the comment section of the posting of this letter.

Mr. Devine, my brother and I would appreciate your office bringing this case back into court to assess if Ms. Lena Bennett is violating the court ordered visitation. As you can assume, my brother cannot get any relief for enforcement from the Chicago Police Department. My brother has not seen his child in 3 or 4 years. My brother’s court ordered visitation was signed by the Honorable Judge Melvin J. Cole on November 17, 1998. It was signed and agreed to by both Lena Bennett and my brother, Edward Nance.

My brother has expressed to me how the court system has intimidated and oppressed him in seeking his visitation to the point my brother just threw up his hands about seeing his son. This is not good. The court system is not created to oppress and intimidate. The court system should seek the Rule of Law. The court system should seek equal protection under the law.

Mr. Maram, my brother and I are requesting the Illinois Department of Healthcare and Family Services respond appropriately seeking to know who is cashing the child support checks if they are addressed to a person who no longer lives at 2877 West 84th place.

Mr. Cline, please respond alerting me and the public on how your department enforces court orders. Please inform the public and myself on why a police report is not written on a 911 call. Please inform me why my brother and I could not get an incident report on the 911 call.

I will publish and post this letter on my website, as I promised a belligerent and disrespectful Sgt. Flisk. I will publish and post on my website’s comment section for this letter, parts of the agreed order for visitation, my letter dated January 30, and Mr. Jackson’s response to my letter of January 30, 2006.

Mr. Devine, Mr. Jackson reports in his response letter of January 30, 2006, in part, “…Unfortunately, the Cook County State’s Attorney’s Office cannot provide any assistance to your brother regarding the civil enforcement of a visitation order.” I believe your office can prosecute Chapter 720 ILCS 5/10-5.5. I believe Mr. Cline’s office would have to participate in order for it to get to your office. With this belief, Sgt. Flisk obstructed this justice.

A very big question for the public is who enforces civil visitation orders? The “civil” visitation order was mediated and recommended by Yvette Zells. What office does she work for? Is Ms. Zells the enforcer of the visitation order? What is a parent who has joint custody do?

My brother wishes to have his court order re-constructed in the following manner: Ms. Lena Bennett would have the child for 6 months and he would have the child for 6 months.

Respectfully submitted,

Fred Nance Jr., ABD, MA, CADC, NCRS
Social Policy Analyst

http://clickforjusticeandequality.blogspot.com/

cc: Mr. Barry Maram, Director of Illinois Department of Healthcare and Family Services
Mr. Richard Devine, Illinois Cook County State’s Attorney
Mr. Durman Jackson, Deputy Supervisor Child Support Enforcement Division