Judge sets deadline in police torture case

February 22, 2007 (WLS) -- A judge has given the City of Chicago 28 days to respond to claims that a $14.8 million settlement was reached with three men who allege they were tortured while in Chicago police custody in the 1970s and 80s. City attorneys say a settlement was never reached.

Madison Hobley is one of three men who sued the city over police torture involving former Chicago Police Commander Jon Burge.

"It was actually officers under him. He was present. I was suffocated. I was beaten and suffocated with a plastic typewriter cover until was unconscious," said Hobley.

Twenty years ago Hobley was sent to death row after police say he confessed to setting a fire that killed his wife, son and several others. Four years ago, Hobley was pardoned based on flawed evidence. The 47-year-old was hoping a multi-million dollar deal he says was struck with the city would allow him to finally move on with his life.

"I thought I was going to check at the end of January, and I was looking at a home for my mother with emphysema. I thought for sure I could help her," Hobley said.

But the check never came because Mayor Daley and the city's top lawyer, Mara Georges, insist a settlement was never reached. Lawyers for Hobley, Leroy Orange and Stanley Howard went to court Thursday over a motion they filed to force the city to honor the alleged $14.8 million deal.

"What does it say about City of Chicago if they can make an offer, have it accepted, and then not honor it? Whether it's $14.8 million, $148 billion, or $14,000, what does it say about the honor of the City of Chicago," said Flint Taylor, plaintiff's attorney.

A judge has given the city a month to respond to claims it reneged on the alleged agreement. Taylor suspects the reason why the city says there is no deal is because they are waiting until after next week's mayoral election.

"If that were the case and said to the judge, "Judge, we don't want to do this until March.' Well, what would we have done? We would have said, of course, 'It's $15 million,' are we going to say no because we have to wait a month or two?" said Taylor.

U.S. District Judge Marvin Aspen handled the settlement talks between the city and the plaintiffs If there is ever a hearing involving the motion, Flint Taylor says aspen could be called as a witness.

Because of confidentiality, the city could not comment any further Thursday. However, the law department did provide a January 8th document from Judge Aspin where he termed the settlement negotiations as ongoing.

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