Defendant was convicted, after jury trial, of a murder that occurred in 1985. In 2016, Defendant filed motion for leave to file a successive postconviction petition, alleging that 2 detectives who were associates of police commander Jon Burge, improperly influenced a witness to falsely identify Defendant as the murderer. Defendant supported his motion with reports of those 2 detectives' participation in the officers' criminal activities at Area 2 police headquarters in Chicago. Defendant has shown cause for failing to raise the claim earlier, as the extent of the criminal activities of officers working with Burge mostly came to light after Defendant's trial and after the 1995 dismissal of his postconviction petition. Defendant suffered prejudice from suppression of evidence, known to police at the time of his trial, as to the 2 detectives' history of misconduct in using beatings and threats to obtain wrongful convictions in several cases. Defendant sufficiently alleged facts supporting findings of cause and prejudice. (HYMAN and COGHLAN, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions