05/30/2009 05:12 am ET Updated May 25, 2011

Judge: Alleged Torture Cop Burge Can Be Subpoenaed To Testify

UPDATE 1:40 P.M.

A judge granted permission, without any objection from prosecutors, to Cortez's lawyers to subpoena Jon Burge to testify in court, the Tribune reports.

"The really significant thing is that we're now going to have Burge in here," Taylor said. "He's going to take the 5th, but that's important in a post-conviction hearing because the judge can draw inference from that."

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CHICAGO (AP) -- judge is set to rule on whether a former Chicago police commander can be subpoenaed to testify at a hearing on an inmate's petition to get his murder conviction overturned.

Cook County Circuit Judge Clayton Crane is expected to rule Wednesday on if Jon Burge and former detective Anthony Maslanka will be ordered testify at a May 18 hearing for Cortez Brown.

Brown's death sentence was commuted to life in prison by former Gov. George Ryan. He claims he confessed to killing two men in 1990 only after detectives under Burge's command beat him with their fists and a flashlight.

Burge has been charged in federal court with perjury and obstruction-of-justice charges. He has pleaded not guilty.