Defendant was convicted, after bench trial, of 1st degree murder, for the beating death of a man in an alley. Defendant was present in the alley but denied that he participated in the attack and testified that he arrived at the scene after the attack had concluded. Defendant made a substantial showing that his conviction rested on false evidence procured by police misconduct, in violation of due process. Defendant made a substantial showing of actual innocence. Defendant's claim of actual innocence relies on newly discovered evidence: the report of Dr. Loftus that an identification of a suspect with whom the witness is acquainted is not necessarily accurate, especially in poor viewing conditions, and that cross-racial identification could negatively impact accuracy. Remanded for 3rd-stage evidentiary hearing. (FITZGERALD SMITH and COBBS, concurring.)
Illinois Appellate Court
Criminal Court
Murder