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    Eileen O’Neill Burke Wins Democratic Primary for Cook County State’s Attorney

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    The contest was close, and workers counted ballots for days after the March 19 election before the result of the race for the Democratic nomination was announced. Eileen O’Neill Burke, a Democrat and retired appellate judge, defeated a more liberal candidate in last week’s primary election for the job of top prosecutor in Cook County, Ill., according to The Associated Press.The result came after more than a week of counting ballots, including mail-in votes, that were not able to be reported on Election Day.Justice O’Neill Burke is expected to succeed Kim Foxx, the state’s attorney for the county, who arrived in office in 2016 promising to change the criminal justice system with a progressive platform. She chose not to seek re-election this year after two terms.A victory for Justice O’Neill Burke was widely seen as a shift away from Ms. Foxx’s approach. Her opponent, Clayton Harris III, had Ms. Foxx’s backing.In the general election in November, Justice O’Neill Burke will face a Republican opponent, Bob Fioretti, a former alderman. But Cook County, which includes Chicago, is heavily Democratic, and the winner of the Democratic primary is widely favored to win the general election.Crime is a potent political issue for voters in Chicago and other cities, where shootings and homicides spiked during the pandemic but have seen declines in the past two years. Progressive prosecutors, including Ms. Foxx, have been pilloried for policies that moderate and conservative voters have seen as too lenient on criminal offenders.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Chicago-Area Races Test Progressive Strength

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      Two local races in the Chicago area on Tuesday will gauge voters’ enthusiasm for progressive causes in an Illinois primary that lacks drama at the top of the ticket.Progressive Democrats, who have built political strength in Chicago over the last decade but received mixed reviews for their governance, are pushing for a change to the city’s real estate transfer tax that would raise rates on high-value properties to fund homelessness programs.Progressives are also trying to hold onto the Cook County prosecutor’s office as the incumbent, Kim Foxx, who overhauled systems but faced criticism, prepares to leave office after two terms.The contests have sparked debates about Chicago’s post-pandemic struggles with homelessness, crime and empty downtown office space, and the races will give voters a chance to weigh in on the direction of the city under Ms. Foxx and Mayor Brandon Johnson, a fellow progressive who was elected last year.With the major party presidential nominations already settled, the results in Chicago, which is dominated by Democrats, could come down to whether progressives or moderates have more success turning out voters.The proposed tax change, which opponents say would be a major blow to the struggling commercial real estate sector, calls for reducing the transfer rate on properties that sell for less than $1 million, and imposing higher rates on homes and commercial buildings that sell for more than $1 million.The extra money — supporters say it would be at least $100 million each year — would be put toward addressing homelessness, with the details of that spending to be finalized later. The City Council would still have to enact the new tax rates. Mr. Johnson, a former union organizer, supports the ballot measure and made it part of his campaign platform.Democratic voters in Chicago and its inner-ring suburbs will also choose between two candidates vying to succeed Ms. Foxx, who brought promised changes to the local justice system but also faced criticism for persistently high crime rates and her handling of a case involving the actor Jussie Smollett.Clayton Harris III, a university lecturer and former prosecutor, has consolidated support from progressive politicians. His opponent, Eileen O’Neill Burke, a retired appellate judge, is trying to win the nomination by appealing to moderate and conservative voters.The winner of the primary will face a Republican in November, but countywide partisan races are rarely competitive. More

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      As Prosecutors Revisit Police Killings, Charges Are Still Rare

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      Pamela Price, a new district attorney in Northern California, is the latest to reopen cases that had seemingly been shut, including one from more than 15 years ago.Agustin Gonsalez was shot dead in 2018 by police officers in Hayward, Calif., when he refused to drop a sharp object during a confrontation on a dark street.Andrew Moppin-Buckskin was killed by Oakland officers in 2007 after he ran away following a car chase, hid under a vehicle and failed to comply with their demands.Two years ago, Mario Gonzalez died after he was pinned on the ground for more than five minutes by officers in Alameda, Calif.In all three cases, prosecutors determined that the police should not be criminally charged, seemingly closing the book.But shortly after she became the district attorney of Alameda County in January, Pamela Price initiated a new review of those cases and five others in one of the most extensive re-examinations of police killings launched by progressive prosecutors.Ms. Price’s review is notable because her predecessors had already cleared the officers of wrongdoing and two of the reopened cases occurred more than 15 years ago.As high-profile instances of police brutality shocked the public in recent years and raised questions about official law enforcement accounts, liberal prosecutors campaigned on the promise that they would review cases that they felt were hastily closed without charges. Their efforts to revisit old cases have won praise from the activists and liberal Democrats who voted for them.But the re-examinations so far have rarely led to criminal charges.“To reopen a police use-of-force case is, in many ways, a herculean task,” said Steve Descano, the commonwealth’s attorney in Fairfax County, Va. He lost in court after he charged two federal Park Police officers for the 2017 shooting of a man who fled a car crash, a case that the Justice Department previously reviewed and declined to pursue.The incidents almost never have evidence as stark as the bystander video showing George Floyd being pinned to the ground in 2020 for more than nine minutes by Derek Chauvin, a former Minneapolis police officer who was convicted of murdering Mr. Floyd.The circumstances often are more ambiguous, the footage less telling. And once a district attorney writes a lengthy memo detailing why criminal charges are unjustified against a police officer, it can be difficult for a successor to overcome those arguments, absent new evidence.“Everybody is going to go through it again, and the outcome in all probability is going to be the same,” said Jim Pasco, the executive director of the National Fraternal Order of Police. “And what’s Einstein’s definition of insanity?”The biggest hurdle for pursuing criminal charges is the wide latitude that officers have to use force. State legislatures, including California’s, have tried to narrow that ability. But officers generally can still use lethal force when they feel they or others could be killed, a level of immunity that law enforcement officials say is necessary to ensure the public’s safety.Pamela Price, the new district attorney of Alameda County, Calif., announced this year that she would review eight police killings, including one dating to 2007.Jim Wilson/The New York TimesAlameda County, Ms. Price’s jurisdiction, covers a large swath of the East Bay across from San Francisco, containing 14 cities and numerous police departments. In the county seat of Oakland, where the Black Panther Party emerged in the 1960s, a legacy of radical politics is intertwined with a troubled history of law enforcement. The Oakland Police Department has been under federal oversight for more than two decades.Ms. Price campaigned on a liberal platform that, besides reviewing old cases, included removing local residents from death row and resentencing inmates serving life sentences — an effort, she said, to restore public trust. Since taking office, she has directed her staff to seek the lowest possible prison sentence for most crimes.She said that in the past, prosecutors routinely gave officers a pass when they killed someone on the job, and she wants questionable police killings to face the same rigor that other criminal cases get.“Every case that we’re looking at now was determined under a double standard,” Ms. Price said in an interview. “Police officers received a different standard of justice than everyday people.”Ms. Price is among a growing cadre of progressive prosecutors elected over the last decade, beginning with the 2016 elections of Kim Foxx in Chicago and Kimberly Gardner in St. Louis, on promises of reducing jail populations and holding police accountable. The movement gained steam after Floyd’s murder.Some prominent district attorneys have since faced a backlash over crime concerns. Chesa Boudin was recalled last year in San Francisco, while Ms. Gardner resigned last week as she faced criticism for her handling of violent crime. Ms. Foxx is not running for re-election next year and has endured criticism from moderates and conservatives, especially for her support of eliminating cash bail statewide.In Maine, a police officer has never been prosecuted for an on-duty killing. But in July 2020, Natasha Irving, the district attorney for four counties, said she would seek charges for the 2007 police shooting death of Gregori Jackson, who was drunk and ran away after a routine traffic stop in Waldoboro, the town where Ms. Irving grew up.Three years later, however, Ms. Irving said that based on the attorney general’s review of the forensics from the case, she will not file charges.“It’s just not going to be a provable case,” she said in an interview.Karla Gonsalez stood at a memorial to her son at the site in Hayward, Calif., where he was shot and killed by police officers.Jim Wilson/The New York TimesIn the Virginia case pursued by Mr. Descano, Bijan Ghaisar, 25, was involved in a minor car crash and then fled in his Jeep, pursued by two officers who cornered Mr. Ghaisar in a residential neighborhood. When the vehicle moved toward a police car, they opened fire, killing him.Mr. Descano brought a case, but a judge dismissed the charges, ruling the officers reasonably feared they were in danger. His efforts to pursue the case further were rejected by the state’s attorney general and the Justice Department.Such reviews offer the possibility of justice for still grieving families but also may unrealistically raise their hopes. Karla Gonsalez, the mother of Mr. Gonsalez, the man who was killed in Hayward, said she was torn when she heard Ms. Price was reopening her son’s case.Television outlets began replaying the body camera footage of Mr. Gonsalez’s confrontation with police. For his family, all of the anger, grief and unresolved questions came rushing back. Why had the officers not tried to de-escalate the situation?“I was excited to know that it was going to be opened up again,” Ms. Gonsalez said. “At the same time, I was very nervous that it was going to be another roadblock, another failure.”Less than 2 percent of police killings result in charges, according to Philip M. Stinson, a professor of criminal justice at Bowling Green State University. That figure has not budged since 2020. The number of people killed by the police is holding steady — last year it was 1,200, compared with 1,147 in 2022, according to Mapping Police Violence.“From where I sit, nothing has changed,” Mr. Stinson said.In Los Angeles County, George Gascón, who was elected district attorney in 2020, appointed a special prosecutor to reopen four cases in which his predecessor declined to file charges.Ryan Young for The New York TimesIn Los Angeles County, George Gascón, who was elected district attorney in 2020, appointed a special prosecutor to reopen four cases in which his predecessor, Jackie Lacey, declined to file charges. He also asked an independent team of experts to review more than 300 previous use-of-force cases to see if the evidence warranted criminal charges.The special prosecutor, Lawrence Middleton, had secured convictions in a 1993 federal trial against Los Angeles Police Department officers for beating Rodney King. In the new cases, he has secured indictments against two officers in the 2018 shooting death of Christopher Deandre Mitchell, who was driving a stolen vehicle and had an air rifle between his legs when he was confronted by officers in a grocery store parking lot. (“Both officers’ use of deadly force was reasonable under the circumstances,” Ms. Lacey wrote in a 2019 memo.)The re-examinations themselves take time, and liberal prosecutors may yet file criminal charges against more officers in past cases. But they said that charges should not be the only benchmark of whether their reviews are worthwhile.“I think there is huge value to reopening a case if there is probable cause, or if there is evidence that seems compelling in any way,” Ms. Irving, the prosecutor in Maine, said. “Yes, part of it is to send a message to people who would be bad actors. Part of it is to send a message to families that have lost loved ones, or individuals who have been harmed, that they count.”Ed Obayashi, a California-based expert in use of force who trains law enforcement, said in 2021 that Mario Gonzalez did not seem to be a threat to the public in Alameda and questioned why officers restrained him before he died. The police had responded to a call that Mr. Gonzalez, 26, was acting strangely in a park and talking to himself.Mr. Obayashi said this week that he did not fault Ms. Price for reviewing the case, but he also felt that if there was consensus in the Alameda County District Attorney’s Office under her predecessor, Ms. Price should not have reopened it.“It’s a big concern to law enforcement because these types of decisions, to revisit old cases that former prosecutors have decided that no charges should be brought against the officer, it’s political,” Mr. Obayashi said. “It’s politically driven.”Ms. Price’s review also includes two cases from 15 years ago that occurred seven months apart and involved the same officer killing men who ran away after traffic stops, including Mr. Moppin-Buckskin. The officer, Hector Jimenez, was cleared in each case and remains with the Oakland Police Department.“For the life of me I can’t understand what Ms. Price thinks she’s doing with those kinds of cases, some 15 years after they occurred,” said Michael Rains, a lawyer for Mr. Jimenez.In Hayward, the city agreed to pay $3.3 million to settle a federal lawsuit with Agustin Gonsalez’s family but said it was a way to support his children rather than an admission of wrongdoing. The city said in April that there appeared to be no new evidence that warranted reopening the case.Mr. Gonsalez was shot in November 2018 after police officers confronted him. He was suicidal and was holding a razor blade. He refused to drop the blade and approached the officers with his arms outstretched. That’s when the two veteran police officers shot him 12 times.Karla Gonsalez recently sat in her sister’s kitchen and described her son as a father of two who was an Oakland sports fan and often drove nearly 400 miles south to Disneyland with his season pass. In the corner of her living room was a makeshift shrine, with a flickering candle and a crucifix draped over his portrait.Cynthia Nunes, Mr. Gonsalez’s cousin, said her family was grateful his case was being reopened. But they want more.“Charges actually have to be brought forward, too,” she said. “The system needs to change.”Julie Bosman More

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      As Crime Surges, Roll Back of Tough-on-Crime Policies Faces Resistance

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      With violent crime rates rising and elections looming, progressive prosecutors are facing resistance to their plans to roll back stricter crime policies of the 1990s.Four years ago, progressive prosecutors were in the sweet spot of Democratic politics. Aligned with the growing Black Lives Matter movement but pragmatic enough to draw establishment support, they racked up wins in cities across the country.Today, a political backlash is brewing. With violent crime rates rising in some cities and elections looming, their attempts to roll back the tough-on-crime policies of the 1990s are increasingly under attack — from familiar critics on the right, but also from onetime allies within the Democratic Party.In San Francisco, District Attorney Chesa Boudin is facing a recall vote in June, stoked by criticism from the city’s Democratic mayor. In Los Angeles, the county district attorney, George Gascón, is trying to fend off a recall effort as some elected officials complain about new guidelines eliminating the death penalty and the prosecution of juveniles as adults. Manhattan’s new district attorney, Alvin Bragg, quickly ran afoul of the new Democratic mayor, Eric Adams, and his new police commissioner over policies that critics branded too lenient.The combative resistance is a harsh turn for a group of leaders whom progressives hailed as an electoral success story. Rising homicide and violent crime rates have even Democrats in liberal cities calling for more law enforcement, not less — forcing prosecutors to defend their policies against their own allies. And traditional boosters on the left aren’t rushing to their aid, with some saying they’ve soured on the officials they once backed.“I think that whole honeymoon period lasts about five or six hours,” said Wesley Bell, the prosecuting attorney for St. Louis County in Missouri, who is seeking re-election this fall.St. Louis County Prosecutor Wesley Bell, center, surrounded by area police chiefs before a news conference about a police officer who was shot and killed in 2019.Robert Cohen/St. Louis Post-Dispatch, via Associated PressMr. Bell, a former city councilman in Ferguson, Mo., is part of the group of prosecutors elected on a promise to address racial disparities in the criminal justice system. Most support eliminating the death penalty and cash bail, limiting prosecutions for low-level, nonviolent offenses and scaling back sentences.In a show of political strength, progressive prosecutors in Chicago and Philadelphia handily defeated challengers in recent years. Mr. Bell’s re-election bid in November is one of several races being watched for signs that voters’ views have shifted on those policies as violent crime has risen and racial justice protests have fallen out of the headlines.Homicide rates spiked in 2020 and continued to rise last year, albeit less slowly, hitting levels not seen since the 1990s. Other violent crimes also are up. Both increases have occurred nationally, in cities with progressive prosecutors and in cities without.That’s left no clear evidence linking progressive policies to these trends, but critics have been quick to make the connection, suggesting that prosecutors have let offenders walk and created an expectation that low-level offenses won’t be charged. Those arguments have landed on voters and city leaders already grappling with a scourge of pandemic-related ills — including mental health care needs and housing shortages, rising drug use, even traffic deaths.Last week, a Quinnipiac University poll of registered voters in New York City found that 74 percent of respondents considered crime a “very serious” problem — the largest share since the survey began asking the question in 1999 and more than 20 percentage points greater than the previous high, which was recorded in January 2016.Politicians are heeding those concerns. In New York, Mr. Adams, a Democrat, has promised to crack down on crime, and his police commissioner, Keechant Sewell, slammed Mr. Bragg’s proposals as threatening the safety of police officers and the public. In San Francisco, Mayor London Breed has become an outspoken critic of Mr. Boudin’s approach, which emphasizes social services over policing.“This is not working,” Ms. Breed said recently on The New York Times podcast “Sway.” “We’ve added all these additional resources — the street crisis response team, the ambassadors, the services, the buildings we purchase, the hotels we purchase, the resources. We’ve added all these things to deal with food insecurity. All these things. Yet people are still being physically harmed and killed.”The criticisms from two prominent Black mayors are particularly biting. In their liberal cities, the leaders’ nuanced complaints have far more influence with voters than familiar attacks from Republicans or police unions. Both mayors have argued that the minority communities that want racism rooted from the justice system also want more robust policing and prosecutions.President Biden, who was one of the architects of the tough-on-crime criminal justice overhaul of the 1990s, recently spoke highly of Mr. Adams’s focus on crime prevention. Some prosecutors and their allies took that as sign that the Democratic establishment is digging in on a centrist approach to criminal justice reform.Mr. Biden’s comments came as the Democratic Party worried about retaining the support of moderate suburban voters in midterm elections this year. Many Democratic lawmakers and strategists believe that protest slogans like “defund the police” hurt the party in the 2020 elections — particularly in Congressional swing districts and in Senate races. Republican candidates, eager to retake control of Congress in November, already have run advertisements casting Democrats as soft on crime.Most progressive prosecutors oppose the calls to gut police department budgets, but that is a nuance often missed. At one liberal philanthropic group, some newer givers have said they will not donate to any criminal justice groups — or to the campaigns of progressive prosecutors — because they don’t want to endorse defunding the police, according to a person who connects donors to criminal justice causes, and who insisted on anonymity to discuss private conversations.Samuel Sinyangwe, an activist who has been involved in several organizations pushing progressive prosecutors, said prosecutors hadn’t been as forceful as law enforcement unions in selling their solutions to rising violence in cities.“Police are spending a lot of money convincing people the appropriate response to that is more policing and incarceration,” he said. “I think that individual cities and counties are having to push back against that narrative. But I think they’re struggling to do that right now.”In San Francisco, Mr. Boudin argued that the effort to recall him was fueled by politics, not voters’ worries about crime. He pointed to the Republican megadonors who have funded the recall efforts and said Ms. Breed has a political incentive to see him ousted — he beat her preferred candidate for district attorney.San Francisco District Attorney Chesa Boudin earlier this week. He faces an effort to recall him.Justin Sullivan/Getty Images“These are Republican talking points,” Mr. Boudin said. “And it’s tremendously destructive to the Democratic Party and the long-term progress that the party is making at the local and national level around public safety and criminal justice to allow a few folks dissatisfied with a local election to undermine that progress.”Mary Jung, a Democratic activist leading the recall campaign, said those who painted the efforts as fueled by conservatives or moderates were missing the point. Many of their supporters, she said, are lifelong liberal Democrats.Those voters, she said, don’t view the effort to recall Mr. Boudin, who was elected in 2019, as a broad shift away from progressive policies, but as a local response in a community that feels unsafe. She cited several attacks against Asian immigrants and incidents of shoplifting as the sort of crimes that have rattled residents, regardless of political ideology.In another sign of Democrats’ discontent, San Francisco voters ousted three progressive members of the Board of Education in a recall election driven by pandemic angst.“Over 80,000 San Franciscans signed our petition and we only needed 53,000 signatures,” Ms. Jung said. “There’s only 33,000 registered Republicans in the city. So, you know, you do the math.”Some progressives warn against ignoring people’s fears. Kim Foxx, the state’s attorney for Cook County, which includes Chicago and some of the country’s most violence-plagued communities, said that any dismissive rhetoric could make prosecutors risk looking out of touch.“You can’t dismiss people,” Ms. Foxx said. “I live in Chicago, where we hit 800 murders last year, and that represents 800 immediate families and thousands of people who are impacted.”Cook County State’s Attorney Kim Foxx, right, with Chicago Mayor Lori Lightfoot and Police First Deputy Supt. Eric Carter announcing charges last month in a fatal shooting.Pat Nabong/Chicago Sun-Times, via Associated PressMs. Foxx faced a well-funded opponent and won re-election in 2020, as did Philadelphia’s district attorney, Larry Krasner, the following year. Those victories show the resilient support for progressive ideas, Mr. Krasner said, warning the Democratic Party not to abandon them.“Put criminal justice reform on the ballot in every election in almost every jurisdiction, and what you’re going to see is a surge in turnout,” Mr. Krasner said. “And that turnout will overwhelmingly be unlikely voters, reluctant voters, brand-new voters, people who are not connected to what they see as governmental dysfunction between the parties — but they are connected to an issue that has affected their communities.”But there are signs that attitudes about overhauling the criminal justice system are changing even among progressives. Many activists have shifted their focus away from electoral politics and toward policies they think address root of the problem, such as reducing the number of police and abolishing prisons.That “makes it very difficult to even defend or support particular prosecutors, because at the end of the day, they’re still putting people in jail,” Mr. Sinyangwe said.In 2020, Mr. Bell, the St. Louis prosecutor, faced the ire of the same progressive activists who had helped elect him. That July, he announced that his renewed investigation into the 2014 fatal police shooting of Michael Brown Jr., a young Black man, which ignited weeks of protests, had delivered the same results: no charges for the officer who killed him.Mr. Brown’s mother denounced Mr. Bell’s investigation. Speaking to reporters then, Mr. Bell said the announcement was “one of the most difficult things I’ve had to do as an elected official.”Asked to discuss the incident and the investigation, Mr. Bell declined.Josie Duffy Rice, the former president of The Appeal, a news outlet focused on criminal justice, said that in some ways the voters were learning the limitations of the progressive prosecutor’s role.“Prosecutors have the power to cause a lot of problems,” Ms. Duffy Rice said. “But not enough power to solve problems.” More