IL: lawsuits charge cop targeted gays and lesbians with false DUI, traffic charges

by: Pam Spaulding

Thu Apr 02, 2009 at 10:00:00 AM EDT

According to one of the attorneys, Brendan Shiller, Dean was arrested on Oct. 7, 2007 for driving on a suspended license and taken to the Town Hall District station, where he spent about 1 1/2 hours before bonding out.

His car also had been towed there, and after he was released Dean was standing in the parking lot wondering how he was going to get his car home when Fiorito approached and ordered him to move the vehicle, the lawyer said.

Dean complied and drove "around the corner," where Fiorito allegedly pulled him over, Shiller said. According to the suit, the officer cited Dean for several offenses, including operating a vehicle without insurance, driving on a suspended license and DUI. Shiller said Fiorito called Dean anti-gay names and used a racial slur in his report.

In Rauch's case, Shiller said Fiorito made a traffic stop on April 17, 2007 in which he "manhandled" Rauch and calling him anti-gay names. Though Rauch was charged with DUI, the lawyer said, Fiorito didn't perform field-sobriety tests, nor did he conduct a breathalyzer test.

Shiller is one of four attorneys also representing Susan Kolinek, who was stopped by Fiorito on Jan. 10 and allegedly called anti-gay names.

Some of the victims of Fiorito's alleged misconduct, their attorneys, and community activists will appear at the GLN press conference at 11 AM in the lobby of the Dirksen Federal Court Building, 219 S. Dearborn Street, Chicago. From its press release:

According to several of Fiorito's victims, the transport officer from the 23rd to the 19th Districts routinely informs defendants that "Fiorito is an overtime whore and the arrestee should get a lawyer."  No official action has been taken to curb Fiorito, 60, who is assigned to the 23rd District "Town Hall" police station at Addison and Halsted.  Fiorito is among the state's highest writers of DUI tickets and arrested over 300 people for DUI last year.

On Thursday, four more federal lawsuits will be filed against Fiorito, in addition to three already filed, alleging that he targets lesbian and gay for false charges, frequently using anti-gay epithets during arrests, and occasionally uses excessive force.  Attorney Jon Erickson says that as many as 11 more similar suits will be filed against Fiorito over the next six weeks.

In two separate cases of lesbians arrested by Fiorito, the lock-up officers at the Belmont and Western 19th District station made entries on the arrest report that directly contradict Officer Fiorito's account..  In one report, the lock-up officer wrote that the subject was "not under the influence of alcohol/drugs," and that "Chicago Police Officer Neita was unable to detect the smell of alcohol coming from subject." In another report, the lock-up officer wrote, "arrestee entered women's lockup she seems to be fine at this time is speaking clearly."

In two other cases, Fiorito insisted on conducting field sobriety test which test the subject's ability to listen to and follow instructions even though the arrestees told Fiorito they are deaf.  Lawyers claim Fiorito made bogus arrests to rack up overtime pay by appearing in court when he wasn't on duty.