Defendant, age 20 at time of offenses, was convicted, after jury trial, of 1st degree murder and attempted 1st degree murder, for shooting of one victim who died and one who sustained a leg injury. Defendant filed 2 successive postconviction petitions asserting claim of actual innocence. Two affidavits attached to petitions are newly discovered and material and noncumulative. Affidavit lends corroboration to State's witness's trial testimony that affiant had moved out of town prior to trial, and her affidavit states that she successfully hid from police to avoid testifying at trial and to leave behind police intimidation and threats to take away custody of her children if she did not cooperate. Affiants were both eyewitnesses who would testify that Defendant was not one of the shooters, whereas no eyewitness testified to that at the original trial. Defendant made substantial showing that the new evidence has the probability to lead to a different result at retrial. (LAMPKIN and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions