Grand jury subpoena indicates prosecutors investigating former Chicago police Superintendent Eddie Johnson’s controversial night of drinking

A Cook County grand jury has requested extensive documents about the night that ultimately led to former Chicago police Superintendent Eddie Johnson’s firing, an indication that prosecutors are considering criminal charges against one or more players in the saga.

A subpoena obtained by the Tribune demands that the city inspector general’s office send over all of its reports about the Oct. 2019 night Johnson went out drinking with a subordinate, then was found asleep at the wheel near his Bridgeport home.

“Said files must include all reports, handwritten, typed and computer generated notes, and memorandums, and all recovered and supporting evidence including phone records, photographs and videotapes” related to their investigation of Johnson, the subpoena, issued last month, reads.

News that Cook County State’s Attorney Kim Foxx’s office has sought the reports as part of a grand jury investigation could also ratchet up pressure on Chicago Mayor Lori Lightfoot to release the full IG report. A spokesperson for Foxx’s office declined to comment, as did Lightfoot’s office.

A Chicago police spokesman declined to comment on the subpoena, referring all inquiries to Inspector General Joseph Ferguson’s office.

The subpoena is stamped Sept. 2, and demands compliance by Sept. 11.

An ordinance backed by the mayor last fall allowed the city’s corporation counsel to decide whether to release full inspector general reports in investigations that involve a death, or that involve or could involve a felony, and that are “of a compelling public interest.” Lightfoot has said the full report in the Johnson case does not meet the standard to be publicly released.

A city Law Department spokeswoman Friday evening said that stance is the same.

“Our position hasn’t changed, and we won’t be releasing the report,” Kathleen Fieweger said in an email.

Ferguson has released some details of his investigation into the October 2019 incident where Johnson was found asleep in his car after a night out drinking with his driver, Cynthia Donald, and was then escorted home by police.

Donald has since filed an explosive lawsuit alleging Johnson regularly sexually assaulted and harassed her for three years. Robert McLaughlin, Donald’s attorney, said that he has been contacted by Foxx’s office about the allegations of sexual assault and plans to bring his client in for an interview with prosecutors.

The subpoena obtained by the Tribune predates the suit and Ferguson’s limited release of information.

Among Ferguson’s conclusions: Chicago police officers made a series of critical mistakes ranging from not supervising young officers to improperly handling body-worn camera footage after Johnson was found asleep, having consumed the equivalent of 10 drinks, the report said.

The most serious punishment issued by the department, according to the report, went to the commander of the Deering District, Don Jerome. A 26-year veteran, Jerome faces a 28-day suspension for failing to file a report on a district lieutenant who recorded footage of the DUI from the body-worn camera on their cellphone, a department violation.

gpratt@chicagotribune.com

mcrepeau@chicagotribune.com

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