Tuesday, December 08, 2015

Ex-federal Prosecutor Named to Head Troubled Agency That Probes Cops
Annie Sweeney and Jeremy Gorner
Chicago Tribune

A day after forcing out Scott Ando at the long-troubled agency that investigates Chicago police officers, Mayor Rahm Emanuel named a former federal prosecutor to take over amid a U.S. Justice Department probe of the police department.

"I promise you I bring no agenda other than the pursuit of integrity and transparency in the work that IPRA does," Sharon Fairley said of the Independent Police Review Authority. "This is what our Chicago police brethren deserve and what the city of Chicago citizens (deserve)."

Emanuel, who last week had dismissed longtime police Superintendent Garry McCarthy, announced Ando's resignation late Sunday. At the news conference Monday, the mayor acknowledged IPRA had failed to "measure up."

In a telephone interview Monday night, Ando defended his efforts, saying Chicago's system for disciplining cops isn't a failure but could use some changes. He also insisted on the office's independence, a fact many have questioned.

"It was and remains incredibly difficult to convince people that we are independent in spite of the fact that that's the first word of the agency's name," the former U.S. Drug Enforcement Administration official said. "And it was very frustrating because the fact of the matter is IPRA was absolutely, and is absolutely, independent."

Ando said he thinks lessons can be learned from the investigation into the death of Laquan McDonald, who was shot 16 times. He said in four years with IPRA, including the past two as its head, he never once heard audio in dash-cam videos of police shootings and other incidents.

When asked if any officers were ever disciplined for not having operating audio, Ando said he was not aware of any and could not explain why that was so.

"There should be the most serious discipline for any infractions as to disabling the mic, or not wearing the mic, or not turning the mic on or turning the mic off when it turns on automatically," he told the Tribune.

Fairley takes over the position at a tumultuous time in Chicago. Hours before Emanuel formally introduced her, the U.S. Justice Department announced a wide-ranging civil rights probe into the Chicago Police Department, including its use of deadly force. IPRA's operations are likely to factor heavily into the review, which is expected to take months.

Civil rights attorneys and the news media have documented many failings with the office. A Tribune examination, published over the weekend, found flaws with its handling of police-involved shootings.

Of 409 shootings investigated by IPRA since its formation in September 2007 — an average of roughly one a week —only two shootings were found to be unjustified, according to IPRA's own statistics. Both involved off-duty officers. Those two shootings occurred in 2011 and 2012 and both took years for the agency to complete its investigations.

Fairley offered only brief statements at the news conference.

"The city is at a crossroads today, and there can be no doubt that change is in the air, is on the horizon," she said. "Yet the mission of IPRA will remain the same: thorough, fair and timely investigation of police officer misconduct. All of that is critical to restoring the trust that is essential to providing the level of public safety that all of our communities deserve."

Fairley was a federal prosecutor in the U.S. Attorney's Office in Chicago for eight years and served for about eight months as first deputy and general counsel at the city's Office of Inspector General, its internal watchdog.

Fairley has a stellar academic resume. She earned a bachelor's in engineering, mechanical and aerospace engineering from Princeton University, an MBA from the Wharton School at the University of Pennsylvania and her law degree just nine years ago at the University of Chicago.

At the federal prosecutor's office, Fairley earned a reputation as a skilled investigator who is tough and compassionate. Her extensive work on drug and gang cases exposed her to Chicago police investigations and operations, said Jeffrey Cramer, a former federal prosecutor.

Cramer, who now heads the security firm Kroll, said Fairley won't be influenced to side with anyone, including cops.

"She comes to it with no preconceived notions, no biases," Cramer said. "She is someone who is going to look at the evidence and do what she thinks is right."

Nancy DePodesta, another former federal prosecutor who worked closely with Fairley in the office, agreed that she won't be swayed by outside influence.

"She is not afraid of challenge. She is not afraid to question decision-makers," said DePodesta, now in private practice at Arnstein & Lehr. "She is not going to do something she doesn't believe in."

On her first day on the job, Cook County State's Attorney Anita Alvarez sent Fairley a 43-page report on the office's investigation into another fatal shooting by Chicago police.

Alvarez concluded that no charges were warranted, meaning Fairley will now oversee IPRA's review of the officer's conduct and whether any disciplinary action should be taken against him.

Tribune reporter Hal Dardick contributed.

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