Illinois Public Media News
A lawsuit that complained that thousands of mentally Ill people in Illinois are being treated unfairly is about to be settled.
The settlement orders the state to transfer 256 people from larger institutions to smaller homes or apartments over the next year, with nearly 400 more transferred next year. Over the next five years the agreement between the state and the American Civil Liberties Union would affect about 4500 mentally ill Illinoisans.
Diane Zell heads the Champaign chapter of the National Alliance on Mental Illness. She says too many people left institutions only to be warehoused in nursing homes not designed to care for them. She fears that the state's economic situation may not mean a smooth transition for many of those people.
"Most poeple who have serious mental illness have not completed their education, and they may not be employed, at least not employed to the extent where they have health insurance," said Zell. "So this is a problem that won't go away."
Nevertheless, advocates of the mentally ill are hailing the agreement as a landmark. The settlement needs a judge's approval and both sides have requested a hearing to consider the specifics of the plan.
Attorneys for Alan Beaman say their federal civil rights suit against McLean County, the Town of Normal, prosecutors and police will hold those public officials accountable for misconduct. The Illinois Supreme court overturned Beaman's murder conviction a year ago in the 1993 death of Jennifer Lockmiller.
Locke Bowman of the MacArthur Justice Center says Normal Police Detective Tim Freesemeyer and Assistant States Attorney Jim Souk conspired against Beaman in knowingly not sharing evidence of another suspect and verification of Beaman's alibi....
"They hid that information from Mr. Beaman and his defense lawyers", says Bowman. "That was intentional, it was deliberate, it was knowing"
Jeff Urdangen of Northwestern University Law School says it has always troubled him that as a prosecutor, Souk used the Beaman case to further his career....
"Laminated copies of news clippings, boasting of his success in convicting Alan Beaman, was a part of his most aggressive campaign to gain a judgeship," says Urdangen.
Souk is a circuit judge in McLean County.
Alan Beaman says he wants to make McLean County a more just place. Beaman says he is still processing things and trying to re-create his life, after serving 13 years of a 50 year prison sentence.
"There's a lot from my previous 13 years that don't apply to life now", says Beaman. "And I have to kind of sort through and figure out again who I am. It's a process I enjoy going through. And I'm looking forward to growing as a person."
Beaman, now 37, lives in Rockford. He says he works part time at a theater, about five odd jobs, and does snow removal.
Town of Normal and McLean County officials have declined comment about the federal suit which seeks unspecified damages. Two other pending cases including a petition for clemency and a ruling of wrongful conviction have a damage cap of 200-thousand dollars. The new case has no such limit.
Changes made in the wake of the Kiwane Carrington shooting are now part of the Champaign Police Department's Use of Force policy and procedure. The Champaign City Council endorsed the revisions last (Tuesday) night.
The updated policy now spells out the combination of circumstances that must be in place before an officer may use deadly force on a citizen --- involving cases where a person has harmed, or is threatening to harm the officer or another person, or is threatening to use a deadly weapon to escape.
The police department's Taser policy is also clarified. New language makes it clear that Champaign Police do not use Tasers, but may call in other agencies with Tasers when they feel they are needed. Police Chief R-T Finney says even then, Taser use is limited, according to the situation.
"We had a situation where we needed to use a Taser", says Finney. "(The) agency came; the situation changed in terms of the person who was barricaded was utilizing some volatile chemicals in the house. And we opted not to use the Taser at that point. So, you know, we still have that control."
The changes to police policy come after 15 year old Kiwane Carrington was shot to death during a struggle with a Champaign officer last October. The shooting led to renewed charges that Champaign Police do not treat African-Americans fairly --- and pledges from the city council to improve police/community relations.
The changes were not enough for eight people who addressed the city council last night. They included Terry Townsend, who said the changes were only incremental, and failed to address deeper problems with relations between police and the African-American community.
"It is imperative that we do something to take the confrontational nature out of police community relations" Townsend told the city council. "And having these policies that you just can't make major changes because of constitutional or state law ... that you tweak ... that's not going to make the issue go away."
Some council members said they thought more needed to be done as well. District One Councilman Will Kyles says he saw frustration among both police and community members who did not believe that change was possible.
"That's the root of the problem", said Kyles. "That's what I want to work on --- not just having a discussion, but really helping, not only the community but the officers believe that things are going to change. Because right now, I don't think in my heart that people thing that."
Kyles called for more positive engagement between the Champaign Police Department and the community - including with some of the department's harshest critics.
City Manager Steve Carter said the revisions to the Use Of Force Policy may not address all problems, but were a step forward. Police Chief Finney says he doesn't think the policy needs any further tweaking. He says there are other police policies to address other concerns.
As Champaign City Council members consider changes to the police department's use-of-force policy, an internal review is getting underway into last fall's police shooting death.
15 year old Kiwane Carrington was shot and killed as he and Officer Daniel Norbits were scuffling during a report of a break in at a Vine Street house. Police chief RT Finney had also responded and was slightly injured controlling another juvenile.
Champaign city manager Steve Carter is in charge of the internal investigation - he'll be assisted by two people outside city government - retired Urbana police chief Eddie Adair and retired McLean County judge John Freese.
Adair says their investigation will review the state police report into the shooting incident but won't change the outcome of that report, which led to a state's attorney's decision not to file charges.
"This is of an internal focus, looking at the training practices of the department and its policies and procedures as it relates to those only," Adair said.
Tomorrow night the Champaign City Council looks at proposed changes to the police department's use of force policy. City officials want to clarify for officers the right times to use lethal force.
The special agent in charge of the Springfield office of the FBI says its investigation into the October fatal police shooting in Champaign could take several weeks - and then it will take more time for federal officials to deliberate over it.
The FBI is looking into the shooting death of Kiwane Carrington at the request of Champaign police. Supervisory special agent Marshall Stone says the scope of their investigation will be different than the state police-led probe that led to no criminal charges against the officers involved.
"In these types of situations, whether we're talking about police-action shootings or color-of-law cases such as excessive use of force based upon the authority we have as law enforcement officers, those tend to fall under the civil rights statutes," said Stone.
Stone says the final decision on any wrongdoing will be left to the Department of Justice in Washington, which will receive the investigation once the FBI office is finished. He says that investigation may involve their own interviews or it could rely on the state police report.
Carrington was shot while police responded to a reported break-in at a Vine Street house. His family has filed a civil suit against police and officer Daniel Norbits, who fired the fatal shot.
The FBI will be brought in to have a separate look at what occurred in Champaign on the day that Kiwane Carrington was fatally shot.
City Police Chief R.T. Finney says he wants a fresh set of eyes from outside Champaign County to have a look at State Police reports concerning the confrontation and scuffle with police on October 9th that resulted in the 15-year old's death. This federal investigation would not review the decision by Champaign County State's Attorney Julia Reitz, who determined this week that no charges would be filed locally against officer Daniel Norbits.
Finney says this separate investigation could result in federal civil rights or criminal violations. Finney notes this request comes after groups like CU Citizens for Peace and Justice were critical of the handling of the Carrington case and its result. "The FBI in some situations could prompt an investigation themselves. They did not do that," says Finney. "The investigation could be prompted by somone in community. That wasn't done. And so I determined I would do that myself and initiate this investigation to hoepfully appease some of the critics who are indicating this is not a fair investigation." Finney says a civil rights violation could result in civil penalties, like a consent decree concerning police policies. Finney says the Department of Justice could produce ideas similar to what's being suggested by Champaign city leaders in the wake of the Carrington shooting, like the hiring of more minority police officers.
Finney says there's no telling how long the FBI could take to review the case.
There will be no criminal charges against Champaign police officer Daniel Norbits - his service weapon was the one that fired, hitting and killing 15 year old Kiwane Carrington during a scuffle on Vine Street two months ago. Champaign County State's Attorney Julia Rietz spent nearly a month looking over more than a thousand pages of testimony and hours of taped interviews. On the day she declared the shooting an accident, she sat down with AM 580's Tom Rogers.
A Champaign police officer who fired the gun that killed a 15 year old boy last October will not face criminal charges.
State's Attorney Julia Rietz has decided that Officer Duane Norbits fired his weapon accidentally when Kiwane Carrington was shot and killed outside a Vine Street home.
Witnesses had called police saying Carrington and another teen were trying to get into the house, which Carrington had visited in the past at the invitation of a family friend who lived there.
In her 13-page summary of the state police report, Rietz says there was no evidence that Officer Norbits intended to fire his Glock 45 - she says the report concluded that it went off while Norbits was struggling with Carrington with his weapon drawn. Rietz says because the shooting was accidental, there would be no reason to analyze whether the shooting was justifiable under use-of-force policies.
Illinois's two Democratic senators are reacting warily to President Obama's plans for future military involvement in Afghanistan.
Senior senator Dick Durbin issued a terse two-sentence statement saying while the president asked for more time to formulate his plan, he'll take time to respond later.
The state's other senator, Roland Burris, said while he supports the ultimate goal of transferring the responsibility of stability to Afghan forces, he worries how elevated troop levels will affect any future exit strategy.
15th district Republican congressman Tim Johnson was more direct in his response - he says the US should do the reverse and pull troops out of Afghanistan, questioning the wisdom of the war.
As word spread of President Obama's plans to send an additional 30-thousand troops, demonstrations lined the streets in several cities, calling for an end to the 8-year occupation there.
About 30 University of Illinois students and other Champaign-Urbana residents took to the corners of Green and Wright streets, staging brief 'die-ins' every time the stoplight turned red and the intersection was clear.
Groups like the Anti-War Anti-Racism Effort and International Socialist Organization say the President has appeared to change his tone about Afghanistan since running an anti-war campaign last year. Protester Karen Medina says Obama's strategy won't begin to help build a government for the Afghan people:
"A lot of people say we're there to promote democracy, and democracy has never been promoted by another country being militarily present," Medina said. "If you really are doing what you're saying you're doing, then either you're lying about wanting democracy there or you're doing it the wrong way."
The groups cite a CNN poll saying that 57% of Americans oppose the war in Afghanistan, while Western-run polls show about 75% of Afghans favor negotiations among themselves.
About 70 similar protests were scheduled across the country yesterday.
The Champaign police officer involved in the October shooting death of 15 year old Kiwane Carrington has continued to do some work for the department --- despite being on paid administrative leave.
Officer Daniel Norbits was placed on leave after Carrington was killed by a shot from his gun during a confrontation that also involved another youth and Champaign Police Chief R-T Finney. But at Tuesday night's Champaign City Council meeting, City Manager Steve Carter says Norbits has continued to do some office work for Champaign Police.
"He's been in and out of the department, over time", says Carter, "and he has helped out in what would be considered some light-duty work ---some inventory work, civilian clothes, non-public contact --- a little bit. But his work on those projects has been completed, and he'll continue to be on administrative leave, until at least after the state's attorney makes her decision. And then it'll be evaluated as we go along, in terms of what his status it."
Carter's disclosure came after Martell Miller and Brian Dolinar asked city officials to comment on rumors they had heard of Norbits being back at work.
An investigation of the Carrington shooting --- led by Illinois State Police --- was completed nearly three weeks ago and handed over to Champaign County State's Attorney Julie Rietz. Rietz has said she will not release the report until after reviewing it completely.
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