People v. Wrice

Defendant filed second successive postconviction petition alleging that his confession was the product of torture by police officers at Area 2 police HQ, and petition referenced a 2006 Special State's Attorney's Report which found proof beyond a reasonable doubt that officers under command of Jon Burge at Areas 2 and 3 had tortured criminal suspects. Defendant's petition satisfies the cause-and-prejudice test. Defendant could not have raised the Report earlier because it had not been released at time of his prior petitions. Report's release date was an objective factor that impeded him from raising the Report earlier. The Report is not cumulative; and two of the officers named in the Report, and who are identified in other strikingly similar torture allegations, were involved in interrogation of Defendant. Defendant presented medical evidence corroborating his consistent allegations of torture. (GALLAGHER and LAVIN, concurring.)