People v. Montanez

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2016 IL App (1st) 133726
Decision Date: 
Tuesday, June 7, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
SIMON

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 and no physical evidence was admitted.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. 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.)