Defendant was convicted of 1st degree murder as to one victim, and of attempted 1st degree murder, aggravated discharge of a firearm, and aggravated battery in connection with the nonfatal shooting of another victim. Defendant was incarcerated until 12 years after his conviction when, at request of State's Attorney, circuit court vacated his convictions. Court erred in denying Defendant's petition for certificate of innocence. At hearing of petition, Defendant present evidence which was self-consistent and refuted every aspect of State' trial theory. Evidence included the recantation of all 3 identity witnesses from the criminal trial, and evidence supporting Defendant's contention that another person owned a car matching the description given by the eyewitnesses, and that the fingerprint of that person was found on compact discs stolen from the shooter. Evidence was sufficient to establish his innocence by a preponderance of the evidence. The State, by remaining silent or nearly silent during proceedings on petition, failed to challenge or rebut any of Defendant's arguments. (CUNNINGHAM and CONNORS, concurring.)
Illinois Appellate Court
Criminal Court
Certificate of Innocence