Defendant, age 15 at time of offenses, was convicted, after bench trial, of 1st degree murder, attempted 1st degree murder, and aggravated battery with a firearm. Defendant's amended successive postconviction petition presents newly discovered evidence of investigations and reports of a systematic pattern of similar abuse by the 2 detectives who interrogated Defendant. This alleged pattern of abuse could be used to impeach detective's credibility and bolster Defendant's credibility, and undercuts appellate court's confidence in the guilty verdict. Evidence is so conclusive in nature that if these reports were allowed at Defendant's motion to suppress his confession, it would have likely changed the outcome on retrial. Absence of visible injury to Defendant in lineup photos, and the fact that officers were not present at time of confession, are not strong indicators that Defendant's confession was voluntary. Defendant presented sufficient evidence of an alternate suspect who had a strong motive to kill the victim. New evidence showed that detectives were aware of the alternate suspect's motive before Defendant's conviction. Defendant made a substantial showing that his due process rights were violated when State committed a Brady violation. (MIKVA and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions