Unlawful Policing Investigation Launched In Joliet: AG's Office

CHICAGO — Illinois Attorney General Kwame Raoul is investigating possible patterns or practices of unconstitutional or unlawful policing by the Joliet Police Department, he announced at a news conference Wednesday morning.

The civil investigation follows requests made by the Joliet mayor and members of the Joliet City Council, Raoul said.

The Attorney General’s Office said it will examine the Joliet Police Department’s policies, training practices and supervision as they relate to traffic and pedestrian stops, searches, arrests and the use of force.

Career attorneys from Raoul’s Civil Rights and Special Litigation bureaus will conduct a review of the department’s policies, reports, documents and trainings. In addition, the investigative team will conduct interviews with Joliet law enforcement officers, city government officials, Joliet residents, advocates, and other stakeholders.

Raoul’s office said it will convene a virtual town hall meeting in the coming weeks, and additional information will be released to the public at a later date.

“After receiving the request from Joliet’s mayor and city officials, my office began a preliminary review of Joliet Police Department records and other information. It is clear that a formal investigation is needed to look at whether the department has engaged in patterns or practices of unlawful or unconstitutional policing,” Raoul said Wednesday. “In the coming weeks, the Attorney General’s office will conduct a thorough, impartial and independent review of whether reforms are needed under the law."

After Raoul's news conference, former Joliet Police and Fire Chairman Todd Wooten issued a statement calling the AG's presence "long overdue." Wooten recently resigned from the board, saying he is moving out of state.

"There is a total lack of accountability on the Joliet Police Department, and it's much deeper than the Eric Lurry case," Wooten informed Joliet Patch. "In the Lurry case, JPD has routinely shown more concern over how the video got out, instead of outrage over what's on the video.

"As a former firefighter/paramedic, I'm appalled by what's on that tape."

Wooten went on to tell Joliet Patch that, "If you think someone in your custody swallowed something, then it's no longer a drug arrest. It immediately becomes an EMS call. But with supervisors, field training officers and a union president (Sgt. Patrick Cardwell) all at the scene, everyone was more concerned about retrieving evidence and making an arrest. That was their attitude throughout the entire incident, until Mr. Lurry was unconscious."

Raoul’s investigation follows a request by Joliet Mayor Bob O’Dekirk and members of the Joliet City Council in June 2020 following the death of Black Joliet resident Eric Lurry, 38, who died after being put in the backseat of a Joliet police car driven by officers Andrew McCue and Jose Tellez.

Lurry died on Jan. 29, 2020.

In response to this request, the Attorney General’s office requested information from the city of Joliet and the Joliet Police Department. Both have been fully cooperative, Raoul said Wednesday.

Following a preliminary review of the information provided, as well as publicly-available records, Raoul’s office is now initiating a formal investigation. The Attorney General’s office will take specific incidents into account during the investigation; however, the investigation’s questions, findings and conclusions will focus on whether systemic problems exist within the Joliet Police Department.

The investigation is civil in nature and will not reconsider criminal charging decisions within the jurisdiction of local prosecutors, the AG's office said.

Raoul said he and career attorneys from the office’s Civil Rights and Special Litigation bureaus have met with Mayor O’Dekirk, Police Chief Dawn Malec, City Manager Jim Capparelli, City Attorney Sabrina Spano and the Will County State’s Attorney’s Office.

“We have begun meeting with government officials, law enforcement personnel, community advocates and people directly affected by policing in Joliet,” Raoul added. “I appreciate the cooperative approach expressed by city and departmental leadership, as well as the proactive steps initiated by Chief Malec since her recent promotion. I am committed to conducting an independent and unbiased investigation that prioritizes public and officer safety and the lived experiences of all areas of the Joliet community.”

While Raoul said that he and members of his staff have also met privately with Lurry's family, "This is not a particular investigation of the Eric Lurry case," he added.

According to Raoul, his investigation into possible patterns or practices of unlawful policing by the Joliet Police Department is being conducted using the office’s authority under the Illinois Attorney General Act, the Illinois Human Rights Act, and the Illinois Civil and Equal Rights Enforcement Act. The investigation is the first of its kind since the 2021 Illinois Safety, Accountability, Fairness and Equity-Today act went into effect July 1.

The SAFE-T Act gives the Attorney General’s office authority to investigate and take civil action to address patterns or practices of unconstitutional or unlawful policing.

Attorney General Raoul is encouraging individuals who have information relevant to the investigation to email input.joliet@ilag.gov or call the Attorney General’s Office at 833-243-1498. Additional information about the investigation is available on the Attorney General’s website.

Wooten told Patch on Wednesday that he has watched the videotape surrounding Lurry dying in the backseat of the Joliet squad car of Officers Telez and McCue.

"I also viewed the tape as a former Marine who graduated from the Navy's elite SERE School, Survival, Evasion, Resistance and Escape. Through that lens, the pinching of the nostrils for 90 seconds was the equivalent of water boarding," Wooten said. "When someone unexpectedly closes your nostrils, you instinctively gasp inwards. Try it on someone, and you can make them swallow damn near anything.

"So the question is not whether or not Eric Lurry died of a Fentanyl overdose, the question is, did Joliet police officers help him ingest it?"

Raoul's news conference came on the heels of an investigative story published by USA TODAY about measures taken by former Joliet Police Chief Al Roechner to punish and bring criminal charges against whistleblower Sgt. Javier Esqueda, who was relieved of his police duties more than one year ago.

The USA TODAY expose was headlined, "A police officer exposed a video showing a death in custody. Now he’s facing prison time." You can read the article here.

Esqueda had come forward in the summer of 2020 as a whistleblower because he suspected that fellow members of the Joliet Police Department were engaged in misconduct regarding the in-custody death of Lurry.

Four Joliet police officers have been named as defendants in an August 2020 federal lawsuit filed by widow Nicole Lurry: Sgt. Doug May, Lt. Jeremy Harrison, Officer Jose Tellez and Officer Andrew McCue.

Following Raoul's news conference, Joliet City Manager Jim Capparelli issued a brief news release. A Joliet attorney in private practice, Capparelli was hired as the city manager in January. He was not employed by Joliet in 2020 when Lurry died or when Joliet Police Chief Al Roechner had felony charges lodged against Sgt. Esqueda for being a whistleblower.

"The City of Joliet is aware the Illinois Attorney General’s Office has opened a civil investigation concerning possible patterns or practices of unconstitutional or unlawful policing by the Joliet Police Department," Capparelli wrote. "As stated by the Attorney General, this investigation is in response to the letter submitted by the Mayor and City Council to the Attorney General’s Office in June 2020. The City of Joliet remains committed to serving the community and will continue to cooperate with the Attorney General’s Office during the investigation."

Joliet Patch and CBS Channel 2 Investigative Reporter Dave Savini have produced numerous articles drawing attention to Eric Lurry's death, as well as the past JPD administration's decision to go after Esqueda.

"What is most sad about this is that this is a clear message from Chief Roechner to the frontline officers that should they see actions they believe are misconduct by fellow officers, they must keep their mouths shut and stay quiet or they will be charged with a felony," Esqueda's criminal defense lawyer Jeff Tomczak told Joliet Patch's editor last October.