Time to Judge the Judges
When my son Nick Escamilla was kidnapped and tortured by Chicago police, we couldn’t wait to go to court. We had all the evidence laid out- cops had taken him from his home without an arrest or search warrant, physically tortured Nick, and threatened his family- including stating that they would lock up his pregnant wife. It was so obvious that he didn’t do what he’d been accused of; this would surely be an open and shut case.
And then came the court’s ruling: Guilty! I thought, How could this be? Then, the sentence: 29 years in prison. How could the judge do this? We had so much evidence to show my son was innocent! Twenty years later, after telling our story so many times- including to the United Nations- I still can’t hardly believe that it happened- the power this one man had to completely turn our family’s world upside down. People have no idea how much power judges hold. Most won’t ever really think about such things, unless something like this happens to them.
I’m part of a group of moms called The Mothers Of The Kidnapped, which is part of the MAMAS collective in Chicago, IL. We are all parents of police torture survivors, and several of our sons have cases that are back in court for new trials. In early 2022, as part of advocating for our kids, we called on Presiding Judge Erica Reddick to do something about the obvious prejudice and aggression of one of the judges we were dealing with. She told us that, while they are supposed to be held to certain ethical standards, judges are essentially allowed to rule their courtrooms however they want. This means that courtrooms have very different rules- some judges welcome family and supporters, while some get irritated and treat us as nuisances- even though it is our right to be there. Some judges are genuinely interested in what is being presented to them- they take notes, they ask relevant questions, they seem to care about the truth- and others clearly walk onto the bench already having made up their mind about the person on trial. I have watched many judges in the decades since my son was arrested, and it is unbelievable how outright corrupt some of them are.
With the elections next week, I want people to be aware of the importance of checking on the judges- there are several good resources available for this in the Chicago and Cook County area, and it’s important to dig. Look at how long a judge running for retention has been on the bench- what kind of patterns do they have? Have there been complaints? How many of their rulings have been reversed by a higher court- some judges have had dozens! Do they consider cops with known patterns of abuse “credible witnesses?” When new judges are running, it’s important to look at where they are coming from. Were they prosecutors? Have they been involved in controversy? My friend April Ward’s son’s judge, for example, retired when he was under investigation and went to work as a judge in another state. When a judge runs to move from the circuit to the appellate court, which is a higher-level court, we need to know about their track record as a circuit judge, and who they are connected to.
In the future, I’d like to see tighter standards for judges. For example, I don’t think spouses should work in the same court system- it’s a conflict of interest. How much are they talking about things and influencing each other outside the courtroom? It’s questionable. I also want to create a database where people can easily see the records of judges- complaints, reversals, rulings & patterns of discrimination- all in one place. For now, I just hope that people will take this seriously and help us get a little more justice into our system.
Bertha Escamilla is a mother-activist in MAMAS’ Mothers Of The Kidnapped Collective, who has dedicated her life to the pursuit of truth and justice for police torture survivors and falsely convicted people. Since 1993, she has conducted critical grassroots research, which has been used to inform mandates from the United Nations, and in reports on police patterns & practices of abuse that have been presented to the Cook County State’s Attorney.