Recent investigations by the Chicago Sun-Times and WBEZ have uncovered alarming trends in the operations of the Chicago Civilian Office of Police Accountability (COPA), particularly under the stewardship of interim Chief LaKenya White.
Since White’s appointment, there has been a significant trend in which disciplinary recommendations for police officers, many initially proposed to include firings, have been drastically scaled back or eliminated altogether.
This shift comes on the heels of internal turmoil within COPA, leading to the resignation of its former chief administrator, Andrea Kersten.
Kersten’s leadership was controversial, facing accusations of mismanagement and biases against police.
In March, LaKenya White, who has been with COPA since its inception after the police killing of Laquan McDonald in 2014, assumed her position as interim chief.
Under her direction, COPA altered disciplinary recommendations for six officers. Originally, the agency aimed to fire four officers and sought termination consideration for two others, but these recommendations were subsequently downplayed.
In light of arguments from Police Superintendent Larry Snelling, who vocally criticized Kersten’s approach, COPA opted for substantially lesser penalties.
Three officers received no disciplinary action, one was reprimanded, and two were handed suspensions of up to a week.
COPA’s investigations into these cases consumed over three years on average, illustrating the demands and challenges faced when pursuing officer misconduct cases.
Despite the length of these investigations, COPA could have utilized the Chicago Police Board, which independently adjudicates disciplinary matters, to challenge the police department’s stance.
The findings revealed troubling specifics about several cases, including that of Sergeant Luke Opoka, who faced allegations of lying to a dispatcher regarding a suspect in a 2019 traffic stop.
Previously, COPA had intended to terminate Opoka, but he ultimately received only a reprimand.
In a related incident, Officer Thomas Fennell was supposed to face severe penalties for pursuing a driver against a supervisor’s orders but instead was given a mere seven-day suspension.
COPA aimed to fire Officer Fernando Ruiz following a shooting incident that left a victim paralyzed, yet he was merely suspended for one day after the office revised its stance.
Another officer, Roger Farias, faced dismissal over the false arrest of a nightclub bouncer but saw COPA withdraw its case without any disciplinary measures enforced.
Officer Johnny Brown was initially subject to a potentially lengthy suspension or firing for his treatment of a drunken woman but too ended up without any penalties.
Lastly, James Dillon, who discharged his weapon towards an individual during a shooting incident, also received no disciplinary action.
Requests for comments from these officers went unanswered or were unfulfilled.
As COPA concluded its decisions from May to July, crucial timing arose following Kersten’s resignation, which preceded potential no-confidence voting and possible dismissal.
The unprecedented alterations to COPA’s recommendations signal a broader trend, with only three similar cases noted since 2019.
Craig Futterman, a law professor at the University of Chicago, expressed grave concerns over the implications of these recent changes, stating that they reveal a precarious state of the police accountability system in Chicago.
He emphasized that this troubling trend poses significant risks to the future of police accountability.
Sharon Fairley, a former head of COPA, acknowledged the necessity for the police superintendent to engage with and push back on COPA’s findings, viewing it as a form of constructive dialogue.
However, COPA provided no clear explanation for the reversal of its recommendations in the recent cases.
Their closing reports maintained that while the initial findings were indeed appropriate, the changes resulted from discussions about applicable laws, evidential burdens, and the pursuit of settlements.
As White was unavailable for interview, a COPA spokesperson noted that there had been a notable increase in disagreements with the Chicago Police Department as the agency aimed to close roughly 200 cases in quick succession.
Due to the Fraternal Order of Police union contract necessitating the closure of all investigations within an 18-month frame, COPA is now focused on the age of each case and the potential for fruitful outcomes through arbitration or Police Board processes.
Challenges to COPA’s investigations have become more frequent, especially since Fred Waller was appointed interim police superintendent in May 2023.
In a notably brief span, Waller contested facts in four out of six cases he examined.
His successor, Superintendent Larry Snelling, has similarly reviewed 40 closed disciplinary cases, often utilizing the non-concurrence process to temper proposed disciplinary actions.
In April 2024, Snelling publicly criticized Kersten for her comments regarding the police shooting of Dexter Reed, insisting that their conflicts did not interfere with his assessment of COPA’s findings in other situations.
He went on to clarify that it was crucial to ensure officers are not unfairly judged in their often precarious, split-second decision-making on the street.
Snelling emphasized his direct involvement in reviewing COPA cases to ensure the integrity of findings.
However, critics argue that Snelling’s challenges to COPA signal a troubling disregard for accountability.
Futterman highlighted the necessity for CPD to accord significant weight to COPA’s factual conclusions and recommendations to uphold the accountability structure.
ACLU of Illinois attorney Alexandra Block echoed these sentiments, insisting on the need for transparency from COPA regarding the reasoning behind their shifts in disciplinary actions.
One notable case involving Officer Ruiz—the shooting of Raymond Comer—saw COPA initially recommending harsh penalties following its investigation into the armed confrontation.
Yet, after Superintendent Snelling’s objections, COPA ultimately reversed its recommendation and exonerated Ruiz.
The situation surrounding COPA is further complicated by the recent history of police discipline in Chicago, which has faced scrutiny and calls for reform.
Following the tragic 2014 shooting death of Laquan McDonald, the city has incrementally expanded its police accountability framework, now witnessing significant upheaval as it confronts various challenges.
Currently, COPA operates parallel to the Chicago Police Board, which adjudicates disciplinary cases based on findings from COPA’s investigations.
Recently, however, progress at the police board has stalled, given ongoing legal battles over how to handle serious misconduct allegations.
A ruling from Cook County Circuit Judge Michael Mullen mandated that such cases could be addressed by external arbitrators rather than solely through the police board, but simultaneously required these hearings to be public.
The Fraternal Order of Police has launched an appeal against this ruling, with an appellate court recently upholding the decision, indicating a potential escalation in state Supreme Court involvement.
Amidst the chaos, COPA has faced lawsuits pertinent to its investigations and staff management.
Before her departure, Kersten contended with an inquiry initiated by the Community Commission for Public Safety and Accountability amid escalating complaints from COPA employees.
This culminated in a warning letter to Kersten in January 2024, which prompted her resignation in February.
Currently, Mayor Brandon Johnson has appointed interim chief LaKenya White while a nationwide search is underway for a permanent COPA leader.
In the current climate, Fairley advocates for a thorough reassessment of the disciplinary system to evaluate its functions and adherence to its core mission of ensuring police accountability and integrity.
Futterman suggests that this review process should start with a critical examination of COPA itself, stressing that without thorough and quality investigations, the prospects for meaningful police accountability in Chicago remain bleak.
image source from：wbez
