By Joe Iosbaker and Kaya Rial

Chicago, IL – The struggle for justice for survivors of police torture continues in Chicago. June 18 saw another defeat for Cook County State’s Attorney Eileen Burke, who is notoriously known for working hand-in-glove with the Chicago Police Department.

In 1991, Johnny Plummer was just 15 years old when he was beaten into a confession for a murder he didn’t commit. His torturers were Detectives Kenneth Boudreau and Michael Kill. Boudreau has 70 convictions to his name where survivors have accused him of torture; 28 of those men have since been exonerated for successfully proving they had been forced into confessions.

Plummer’s defense has always been that he was beaten into signing a confession by Kill and Boudreau, beaten in the abdomen with fists and a flashlight. He has declared this since the first moment his family came to the Area 3 police station after his two days in police custody. When Plummer saw a doctor at the Audy Juvenile Home, he told the doctor he had been beaten into signing the false confession. The medical examiner recorded Johnny’s account in his notes and, for 35 years, Plummer has been saying that he reported his torture to the doctor.

At his multiple trials since he was wrongfully convicted, that medical report did not surface.

Attorney Karl Leonard with the Exoneration Project explained to the presiding judge for Plummer’s case, Judge Tyria B. Walton, that a special prosecutor took this case in 2022 and requested all medical records from the state’s attorney’s office. “This year (2026) we received those files and finally saw the medical report from August 22, 1991,” Leonard stated.

Judge Walton’s opening question for counsel was to identify the issue at hand before the court. In his opening statement, Assistant State’s Attorney Miles O’Rourke claimed there was no Brady violation in 1991 and spent time showing that in the early years of trials and appeals, Plummer and his attorneys said nothing in court about not receiving medical records.

A Brady violation is when prosecutors fail to disclose impeaching evidence to the defense.

Judge Walton had previously been giving more support to the prosecutors, but as the defense brought out more information, Judge Walton reminded the court of the three things that are needed to establish a Brady claim: One, the evidence must be favorable to the accused because it is exculpatory (tends to prove innocence). Two, the prosecution suppressed or failed to turn over the evidence, even if the suppression was unintentional. And three, the evidence was “material,” meaning there is reason to think that the outcome of the trial would have been different.

State’s Attorney O’Rourke argued a number of times that there was no Brady violation and claimed that the defense had all the medical records. In the dramatic high point of the proceeding, Judge Walton identified that there was a first subpoena filed in 1991 and a second subpoena filed in 2022, and stated that the court was advised by the petitioner that they didn’t have the medical records.

O’Rourke interjected, “We didn’t have it either.”

Judge Walton continued, “Then in 2026, the records surfaced in a file review.”

Addressing O’Rourke’s outburst, Walton explained that the Brady language is unyielding: whether the withholding was intentional or not, there was definite cause for a Brady violation.

She went on to say that with the surfacing of the medical records earlier this year, she concluded the state’s attorney’s office had already been in possession of those records, though it may not have been in the possession of this particular counsel present at court.

After this, the state stopped arguing there was no basis for a Brady finding.

In response to the developments in court, Frank Chapman of the Chicago Alliance Against Racist and Political Repression stated, “When do facts matter? How can it be that something that happened 35 years ago is just now getting in front of a judge?”

Chapman recalled the words of Johnny’s mother, Jeanette Plummer, who died in May never seeing her son on this side of freedom. She had spoken out against injustice ever since he was wrongfully convicted. In 2012, at a forum on police crimes organized by the Chicago Alliance, she challenged the system of racist policing.

“How could they torture a 15-year-old child?” Chapman said, “Clearly we can’t trust the court system to bring justice. We must trust the movement to do this. Without the movement, we wouldn’t even be getting a hearing and keeping up his hopes for freedom.”

The next hearing for Johnny Plummer will be on Tuesday, June 23 at 1 p.m. at the George Leighton Courthouse (2650 S California Avenue) in room 304.

#ChicagoIL #IL #JohnnyPlummer #InjusticeSystem #OppressedNationalities #Featured #NAARPR #CAARPR