Citing Smollett, City Council Stiffens Penalty For Lying To Cops

HIGHLAND PARK, IL — People who knowingly lie to Highland Park police could be liable for more than three times what it costs to investigate their false statements under the terms of an ordinance adopted Monday by the City Council.

The addition of stiffer penalties for lying to police was adopted over the objections of two members of the council following its recommended by City Manager Ghida Neukirch and Police Chief Lou Jogmen. Councilman Michelle Holleman voted against the measure, and Councilman Kim Stone voted "present."

At a committee meeting before the vote, Jogmen told councilmembers police would not use the new ordinance to target people who lie to avoid self-incrimination. Instead, the city would only seek to recoup costs in situations where false statements have implicated another person or led to significant investigative costs.

"What we're talking about here is a pretty small segment people who would give us a false statement, it those people who are knowingly doing so — not to protect themselves, necessarily, but to present a path on to somebody else, and there are ramification for that," Jogmen said.

Highland Park staff cited the high-profile Chicago case of "Empire" actor Jussie Smollett, who was indicted on 16 counts of felony disorderly conduct. Police said the television star made false statements to investigators while orchestrating a bogus report of a bizarre racist, homophobic and pro-Donald Trump hate crime during January's polar vortex. The criminal charges were withdrawn abruptly, but a judge's ruling last week ordering the appointment of a special prosecutor means fresh charges could be filed.

After Cook County prosecutors dropped their case, attorneys for the city demanded Smollett pay more than $130,000 in compensation under its cost recovery ordinance, which allows it to seek compensation in civil court for the costs of investigating false statements.

City Attorney Steve Elrod said Chicago has had its ordinance on the books for many years. Chicago's code contains virtually identical wording to the ordinance adopted in Highland Park.

"It's never been used in as high-profile a case, but it has been used when police have been misled," Elrod said. "This is really where that misrepresentation ends up costing the city a significant amount of money, because that misrepresentation has led us down a path in significant expense, and this is a way to recoup that expense as Chicago has done in that very case."

Jogmen told councilmen Highland Park does not currently have a major problem with people lying to its officers.

"Our intent here is to use this proactively. It's better to have this and not need it than to not have it when we do need it," the chief said, suggesting the threat of being cited under the ordinance could be used by officers when they suspect someone is lying to them to deter false statements.

Holleman said the June 24 committee meeting to consider the ordinance was the first time councilmen had heard of the proposal. Responding to a social media frenzy from a high-profile Chicago case was both extreme and premature, she said.

"I'm not hearing that we have a huge issue with this, and this isn't costing us million of dollars a year," Holleman said. "There will be times when you're not the chief and the direction is different. That concern is that we are trying to solve a problem we don't have and is unnecessary at this point." Ahead of her 'no' vote, she said the ordinance "goes a little too far and has the potential for abuse, turning lying into a crime which could be overused in certain situations, especially with minors."

Tony Blumberg said he shared some of Holleman's concerns, but given that the ordinance requires the city to prove intent, he did not believe it would be abused.

"It's written in a way that I'm not that concerned about it," Blumberg said. "So I'm comfortable with it."

The ordinance requires that a person "knowingly" makes a false statement, meaning they had enough information that a reasonable person would know their statement was false, or making a statement "in deliberate ignorance or reckless disregard" of whether it is true or not.

The move adds the offense of "False Statements to City Police Officers" to the city code's list of misdemeanors, which already banned false reports of crimes, bombs or fires — as with Smollett, such offenses are considered "disorderly conduct."

Also illegal in under the same section of Highland Park code: "lounging in or about" any public place in such a way that obstructs it, any street performance or exhibit that "shall collect any crowd" or insulting, disturbing or annoying anyone passing along the streets or allies through through "language, conversation or conduct."

Anyone making such a false statement to police in connection with any report or investigation is liable for up to three times the cost to the city plus a fine of up to $500, the same fine that was already allowed for the offense of disorderly conduct.

Mayor Nancy Rotering said she had gotten assurances from Jogmen that police would not abuse their discretion when applying the ordinance.

"I found comfort that this would not be used for teenagers having issues with the truth," Rotering said.