CTA train attack leaves Cook County courts considering changes

In the wake of an arson attack on a CTA train last week that left a 26-year-old woman badly burned, the Cook County Chief Judge’s Office says it is now considering a policy change to its electronic monitoring program.

The announcement comes after NBC 5 Investigates reported last week how the man charged in the attack, 50-year old Lawrence Reed, was wearing a court-ordered electronic monitoring device at the time of the November 17th arson attack that left a 26-year old Bethany MaGee hospitalized.

The Cook County Chief Judge took over the electronic monitoring program from the sheriff’s office earlier this year.

Reed has a lengthy criminal history that dates back to the 1990s and his attorneys have acknowledged in past cases that he has sought mental health treatment, court records from multiple cases show.

He was assigned an electronic monitoring device in August after being charged with assaulting a social worker at MacNeal Hospital back in August where he was receiving inpatient care.

In court records filed last week, Cook County’s adult probation department alleged that Reed violated the terms of his court-ordered curfew multiple times in the days leading up to the CTA attack – including on November 9th, 12th, 13th, 14th, 15th and again on the 17th – the same day that MaGee was badly burned.

It’s not clear why the probation department waited until November 19th – two days after the attack – to file curfew violations.

In a statement Tuesday night, the chief judge’s office said:

“We are reviewing all actions taken in this case to ensure procedures were followed and to identify opportunities for improvement…” the statement from the Chief Judge’s Office read in part, adding: “One immediate change under consideration is reinstating the practice of reporting escalated EM alerts to the State’s Attorney’s Office.”

The judge’s office said it was a past practice to do so and that it “was previously paused, following concerns raised by the State’s Attorney’s Office regarding the volume of alerts. In the interest of public safety, we believe it is necessary to re-evaluate this process,” the statement read.

But in an interview Wednesday with NBC 5 Investigates, the policy chief with the Cook County State’s Attorney’s Office said that their office objects to the suggestion that they should start receiving an untold number of escalated alerts when someone violates their electronic monitoring because it’s not their job to administer the electronic monitoring program and it would be “unfair” to lay that responsibility on the state’s attorney’s office.

“We do want them to do their job better,” the Cook County State’s Attorney’s Office official said referring to the Adult Probation Office while acknowledging that they aren’t solely to blame: “The system as a whole got this one wrong and it’s not fair to lay that at their feet.”

A court transcript from the August hearing, obtained by NBC 5 Investigates, shows that the state’s attorney’s office pushed to have Lawrence Reed held in pre-trial detention back in August. The judge denied that.

When asked about Reed’s repeated curfew violations in the days leading up to the attack, the Cook County State’s Attorneys’ Office told NBC 5 Investigates:

“This is an example where pre-trial should have been sending us a report and sanctions should have been sought on this individual prior to the commission of this terrible crime.” according the CCSAO official.

But even the prosecutor’s office said their only recourse under Illinois law would be to petition the court to have Reed held for 30 days.

Now facing a federal terrorism charge as a result of the train attack, Reed told a federal judge last week he agrees he should be held behind bars ahead of trial.

“I agree of me being detained. It’s for my safety. I agree with detention for my safety,” Reed said. “I don’t feel safe out there.”

A federal judge requested last week that Reed undergo a medical and mental evaluation while incarcerated and that he cooperate with those evaluations. He told the court he would.

Taking questions at an event Wednesday, Mayor Brandon Johnson was asked about concerns over public safety.

“This person should not have been on the streets of Chicago,” Johnson said. “This was a breakdown of our mental health institutions as well as our criminal justice system. This woman is fighting for her life. We are going to continue to pray for her. And this person should not have been on the streets of Chicago or anywhere for that matter.”