Appeal from a directed finding entered in a postconviction proceeding stemming from a murder case 22 years ago, during which no eyewitness testimony was presented, no physical evidence was admitted, and no weapon was ever recovered. Principal witness from trial has since submitted an affidavit that his testimony was false in all respects and was coerced by detectives. Many other witnesses provided testimony that they were coerced to falsely implicate people in crimes by same detectives. Considering witness' recantation affidavit under proper directed finding standard, it is impossible to say that it does not bolster Defendant's claim. Court failed to draw adverse inference from detective's invocation of 5th amendment during postconviction proceeding, but should have considered it at directed finding stage. Defendant and codefendant presented alarming acts of misconduct in underlying investigation and prosecution. Defendant met his burden to go forward on an actual innocence claim. Matter to be assigned to a different postconviction judge upon remand. (NEVILLE and HYMAN, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions