Defendant was convicted, after jury trial, of 3 counts of the 1st degree murder of Pontiac Correctional Center superintendent, 2 counts of conspiracy to commit murder, and 1 count of solicitation to commit murder. Later, appellate court vacated all convictions other than 1 count for 1st degree murder. Defendant made a claim of actual innocence. Appellate court defers to the factfinder's determinations in all 3rd-stage proceedings, as witness demeanor and paralanguage (vocal signs perceptible to the ear that are not actual words) are key to trial court's evaluation of credibility. At 3rd-stage hearing, court is not required to make explicit findings or discuss what evidence it found credible or not credible. Considering totality of evidence, court's determination is not against manifest weight of evidence. (CAVANAGH and HOLDER WHITE, concurring.)
Illinois Appellate Court
Criminal Court
Felony Murder