People v. Galvan

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2019 IL App (1st) 170150
Decision Date: 
Friday, June 14, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div,
Holding: 
Reversed and remanded with directions.
Justice: 
CONNORS

(Court opinion corrected 7/9/19.) Defendant, age 18 at time of offense, was convicted, after jury trial, of aggravated arson and the murder of 2 residents of an upstairs apartment in building where fire occurred; he was sentenced to natural life in prison without parole. Codefendant testified that he was physically abused by officers in police station, and that he eventually signed a statement implicating Defendant and another person because he believed he could go home afterward. Several witnesses testified that they were abused by one of those detectives during lengthy interrogations, and that detective told them they had to sign a statement the police had prepared. Admissible statements by persons other than Defendant of the intent to commit arson during the relevant time period is strong evidence of actual innocence, especially as the only evidence against Defendant were his own statements, which he contends were not voluntary. Defendant is entitled to a new suppression hearing and, if necessary, a new trial. (DELORT and CUNNINGHAM, concurring.)