"Justice is in the interest of the stronger."
Thrasymachus, Plato's The Republic
"I'm looking for someone to explain justice," said
Grace Slattery to a reporter. Slattery was lamenting the comparatively stiff
prison sentence her son Patrick had received for his part in a patronage
scandal under ex-Mayor Richard M. Daley.
Plato, Hobbes and Dostoyevsky had a few ideas about justice,
but if Slattery wanted someone closer to home, she could have turned to her own
daughter. Maura Slattery Boyle, 46, has been a Cook County judge since 2000 --
the last four years hearing only criminal cases. What would she have told her
mother about the meaning of justice?
Imagine a mother-daughter chat one afternoon in the
daughter's South Side Bridgeport home, just two blocks from where Richard J.
Daley raised his family. Richard J., of course, was the first Mayor Daley and
the father of Chicago's Democratic political machine. The "Boss," as
legendary journalist Mike Royko called Daley, might have had similar
conversations with his sons: Richard, who became state's attorney and mayor,
William, a presidential chief of staff and cabinet member, and John, still a
powerful County Commissioner.
Let's eavesdrop on what a sitting judge might say about the
way justice really works in Clout City.
"Well, Ma, it's like this," she begins.
"Thanks to the Daleys, I get to decide what justice is." Slattery
Boyle worked for the second Mayor Daley in the city's Law Department and was a
Cook County prosecutor, she reminds her mother. "And I never would have
been elected judge without John's backing," she says, referring to Commissioner
Daley, her neighbor and political sponsor. "After all, I was only 33 and a
John Marshall Law School grad."
"So justice means being loyal to our old friends for
everything they've done for us," she shrugs. 'Everything' includes her
$180,979.87 annual salary as a judge -- and coming through in a pinch when
controversial cases need deciding.
Slattery Boyle couldn't resist telling her mother about the
most recent time she dispensed some Cook County-style justice. The case
involved a pair of Northwest Side men from Humboldt Park, far from Slattery
Boyle's Bridgeport world.
In 1994, Armando Serrano and Jose Montanez were convicted of
gunning down a Humboldt Park resident as he left for work. The prosecution's
star witness was a heroin addict who claimed he overheard the men confess. The
only other witness was the victim's widow, who said she saw a group of Latinos
argue with her husband the night before, though she couldn't identify Serrano
or Montanez at the trial. Both witnesses recanted their testimony years later,
saying it was coerced or fabricated by Det. Reynaldo Guevara, a retired cop
with a long history of framing innocent suspects.
Serrano and Montanez filed an innocence petition and, in
2009, Judge Jorge Alonso ordered a full-blown hearing.
"That meant big trouble," Slattery Boyle recalls.
"What if they got a new trial? Suppose they went free after 20
years?" she asks, rubbing her temples. "It would have been an
embarrassment to our justice system" -- and led to multimillion dollar
lawsuits against the City. "Freeing those two 'mutts,' as my friend the
prosecutor called them, would be bad for Chicago," she sighs.
"So I was honored that the presiding judge asked me to
take over the case from Judge Alonso right after he ordered the hearing," Slattery
Boyle says with a wink. "I knew exactly what my pals at City Hall needed
me to do to save the day."
What was that, Grace Slattery wonders?
"Get rid of the case, Ma."
But that proved to be more difficult than expected, Slattery
Boyle explains. Turns out Det. Reynaldo Guevara ("Che Guevara," she
unwittingly calls him) took the Fifth rather than testify about his
investigation, the victim's widow was ready to repudiate her original testimony
and the prosecution's star witness, the heroin addict, would have joined her if
he didn't fear perjury charges.
"And that lawyer from Brooklyn kept challenging
me," Slattery Boyle continued. "She even accused my friends in the
state's attorney's office of paying off the heroin addict." The very
thought of Jennifer Bonjean, Serrano's volunteer lawyer, intensifies the
sighing and temple-rubbing.
"So it was tough to dump this case. But I did it!"
Slattery Boyle boasts.
"How did you do it, Maura?"
"Well, Ma, I didn't let the widow testify for some
legal reason I still don't understand," she says. "Then I prevented
that loud-mouthed Brooklyn lawyer from mentioning the payoffs -- and I
threatened her with contempt for constantly folding her arms. Next I ruled that
all the evidence of brutality by Che Guevara, that hard-working detective [or
Marxist revolutionary], was irrelevant." Here, Slattery Boyle flashes a
devious smile. "But my favorite decision was granting the prosecutors'
motion to dismiss the case right in the middle of the hearing!"
"It got a little scary at the end when that Serrano
fellow said he was innocent and called me 'a criminal, just like the
prosecutors.' Can you imagine?" she shudders. But Slattery Boyle had
learned a trick from the master, the original Mayor Daley. "I shut off the
mutt's microphone, just like Rich's daddy did when those annoying aldermen
tried to argue with him."
"I'm very proud of you, dear, but aren't you worried
that something bad might happen to you, like your brother? "
"Nah, Ma, the appeals court might reverse my decisions,
but that's about it."
"Does that happen a lot?"
"Hmm, let me think," Slattery Boyle says.
"Yeah, a half-dozen times this year so far. There was that nasty heroin
case in February where I was partly reversed. Then later that month the
justices said I found in favor of the wrong lawyer in a dispute over bail
money. In April, they ruled I shouldn't have sided with the cops and threw out
a drug conviction, and in May they said I goofed in dismissing an innocence
petition in a murder case.
"Another time in May, the appeals court decided that I
was wrong to accept a guilty plea in a case involving a Latino who could have
been deported. One more. Oh yeah, in June they tossed out my sentence in a drug
trafficking case. And that doesn't count all the appeals they haven't ruled on
yet, like the Serrano case."
"They're paying a lot of attention to you. My daughter
is a big shot!"
"Thanks, Ma. And here's the best part: I get to make
even more rulings when they send these cases back to me. So now do you
understand what justice means?"
"Sure do. It means our friends win and those mutts
lose."
Pamela Cytrynbaum contributed to this article.
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