While Burge is not accused of directly abusing Brown, Brown's lawyers contend Burge created a culture where police torture was condoned and protected.
"Even if he comes back and takes a 5th on these then why is he taking a 5th we're asking where you there do you know about it did you give permission. He's got to be faced with that," said Fr. Michael Pfleger, St. Sabina Church.
The judge in Chicago will ask a judge in Florida to issue a subpoena for Burge.
A civil trial is pending against Burge on charges that he lied to cover up alleged torture.