Eileen O'Neill Burke also wants to see changes in the electronic monitoring program to better protect the public.
O'Neill Burke made it clear Tuesday that her office tried to keep the suspect, Lawrence Reed, locked up, but a judge instead put Reed on electronic monitoring. And records show he repeatedly violated his curfew, including on the day of the attack.
O'Neil Burke talked about her first year in office as Cook County state's attorney before a packed house at the City Club.
She was interrupted at least twice by people in the crowd shouting at her.
The arson attack last month on a CTA Blue Line train put an unwanted spotlight on the judicial system. Reed, who had 72 arrests and eight felony convictions, was placed on electronic monitoring after assaulting a hospital social worker in August. Now he's in custody facing federal charges for the arson attack.
"Well we asked for detention; we argued very vociferously for detention. And the judge didn't detain, but we did our job," O'Neill Burke said.
O'Neill Burke is now calling for improvements in the electronic monitoring system for when someone violates the conditions of their release, as Reed is accused of doing.
In April, the sheriff turned over responsibility for the program to the chief judge's office, which O'Neill Burke says presents problems.
"The personnel, under the chief judge's office, are pretrial services officers. They are not law enforcement; they cannot go and arrest someone," O'Neill Burke said. "So yes, I think we need to make sure that there is a law enforcement component of if somebody is not in compliance to have the ability to go and get them."
New Chief Judge Charles Beach II, who was just sworn in Monday, announced Tuesday he will set up a committee to review the communication procedures for the electronic monitoring program.
"We are committed to a transparent, evidence-based review that enhances accountability, improves coordination and reinforces the public's trust in our justice system," he said.
During her City Club talk, O'Neill Burke touted first-year successes in going after assault weapons and focusing more resources on helping victims of domestic violence.
She also made it clear they will ask for detention and jail time for any CTA attacks.
"If somebody is a danger, I do not want them on electronic monitoring," O'Neill Burke said. "If we're asking for detention, judges will say, well, I don't want to detain them. But I'm not gonna just release him. I'll put him on electronic monitoring. And that's a false equivalency. It makes people feel safe, and many are not safe," O'Neill Burke said.
O'Neill Burke also defended the SAFE-T Act, which got rid of cash bail. But she made it clear that when her office believes someone poses a public safety threat, she will push hard to have that person detained.