A District Court judge denied a motion to sever the 19-plaintiff joint complaint against beleaguered cop Richard Fiorito, a 23rd District police officer who has allegedly made false DUI arrests harbored by an anti-gay attitude in order to obtain overtime pay for court appearances.
Judge Matthew Kennelly turned down the request Aug. 31, a decision that plaintiff attorney Jon Erickson told Windy City Times he expected back when the defendantsFiorito and the City of Chicagoinitially sought to separate the claims.
"This is a giant step towards justice for the victims of Fiorito's ongoing criminal enterprise," Erickson said.
In the opinion, Judge Kennelly wrote:
"The defendants' request for separate trials is premature. The case has not progressed far enough for the Court to determine whether severance for purposes of trial is appropriate … As the case develops, the degree of overlap among the various plaintiffs' claims and the prejudice that each side would experience from a joint trial or separate trials will become easier to assess."
The joint complaint, which was filed at the suggestion of the Court, alleges that Fiorito has engaged in a "continuing course of conduct" of civil-rights violations over six years that was motivated partly by hostility towards gay people. It also contains a civil RICO ( Racketeer Influenced and Corrupt Organizations Act ) count claiming Fiorito engaged in a racketeering conspiracy to defraud the tax payers of money by committing perjury; false imprisonment/kidnapping; obstruction of justice; and fraud to illegally obtain overtime pay for court appearances for false DUI arrests.
Despite the pending litigation, Fiorito is still on patrol in the 23rd District, a decision that prompted members of the gay community to voice their concerns at the precinct's LGBT subcommittee meeting Aug. 26. At the meeting, a resolution was passed recommending "command-level Chicago Police staff to remove Officer Richard Fiorito's police powers pending resolution of the serious internal and federal civil rights charges pending against him."
The litigation against Fiorito will continue with a status hearing Wed., Sept. 23.