An appellate panel has ruled the Chicago Police Board was correct to fire a sergeant for allegedly approving allegedly false reports about the killing of Laquan McDonald, quoting the board that the sergeant "abdicated his responsibility."
The Nov. 12 decision was penned by Justice Mary Rochford, with concurrence from Justices Bertina Lampkin and Aurelia Pucinski, of Illinois First District Appellate Court. The ruling favored the Police Board and Police Supt. David Brown in an action brought by former sergeant Stephen Franko in Cook County Circuit Court.
On Oct. 20, 2014, Black teenager Laquan McDonald was armed with a knife and walking down a street in defiance of police, when a white officer, Jason Van Dyke, shot 16 times, killing him. McDonald's death caused an uproar that led to Van Dyke's convictions for second degree murder and aggravated battery. There were three other officers charged with trying to cover up the murder; they went to trial and were acquitted.
Illinois First District Appellate Justice Mary Rochford
| Illinoiscourts.gov
Supt. Brown asked the board to terminate Franko for allegedly signing off on allegedly false reports about the shooting, which were prepared by Van Dyke and other subordinate officers. Brown also wanted Franko fired for allegedly failing to make sure officers under him used the audio component of their in-car video recording systems. The board agreed with Brown and discharged Franko.
Franko tried to have his termination overturned in circuit court, but Cook County Circuit Judge Celia Gamrath affirmed the board's decision.
On appeal, Justice Rochford noted the reports approved by Franko said McDonald had threatened and attacked officers, but dashcam video showed no such attack, with McDonald instead walking away from police. Franko told the board he only watched "bits and pieces" of the video, which the board found "incredible," given the video was the "key" evidence, Rochford said.
"Plaintiff should have known everything contained in the video, meaning that he should have known that the (reports) contained materially false information. Plaintiff signed off on all these reports while knowing they contained materially false statements about the circumstances leading to the shooting, or he at least should have known," Rochford concluded.
Rochford also quoted the board as properly saying, “This case presents a glaring example of a sergeant who abdicated his responsibility to lead as a supervisor and failed in his duties as a sworn officer by approving reports of a fatal officer-involved shooting that he knew, or should have known, were false, and in failing to ensure that his officers utilized the Department’s audio system."
In addition, Rochford noted the board found it "particularly troubling" that Franko contended he was not obligated to assess the accuracy of the reports before affixing his signature to them.
Franko argued that even if the Police Board determined he did not live up to the requirements of his rank, it was not grounds to fire him. However, Rochford would have none of this argument, pointing out the board was right to boot Franko and while doing so, to say he "brought discredit upon the Chicago Police Department” and undermined its mission.
Franko did not appeal the board's ruling he did not ensure the officers used the audio.
Donna Dowd, a lawyer with the Policemen's Benevolent & Protective Association, has represented Franko.
The Police Board and Brown have been represented by city corporate counsel Celia Meza, Myriam Kasper, Ellen McLaughlin and Sara Hornstra.