Man Let of Prison on DNA Has Been Charged With Murder
(Photo from Center on Wrongful Convictions Pendleton Profile)
This man was released from prison based on new DNA testing and is now back in jail, charged with murder.
According to the Associated Press:
A man exonerated by DNA evidence in a rape case after serving several years in an Illinois prison now faces a murder charge in Indiana. Jail records show 51-year-old Marlon Pendleton is in custody at Lake County Jail where he's been since Dec. 19. Pendleton was arrested earlier this month for allegedly killing his 45-year-old girlfriend. Her body was found at a Hammond, Ind., home where Pendleton was living.
Pendleton made headlines in 2006 when DNA evidence cleared him of a 1992 rape conviction. He had served eight years of a 10-year prison sentence.
Since then, he's been pardoned by Gov. Rod Blagojevich and filed a lawsuit against the city of Chicago for suffering he endured during his time in jail
Mr. Pendelton's attorneys, Jon Loevy and Locke Bowman allege that Chicago Crime Lab analyst prepared incomplete and misleading lab reports. In addition, he contends detectives fabricated a case against him.
Northwestern's Center on Wrongful Convictions was responsible for securing Mr. Pendleton's release through DNA testing. According to their website, they contend that the eyewitness identification is to blame. They contend that in 1994, the Chicago Crime Lab did not do enough to test a rape kit taken from the victim.
Could someone be innocent of one crime and guilty of another - of course. But it is ironic. If Pendleton did in fact commit this murder, justice should prevail and he should be sent back to jail. This is not first case we have seen of "exonerated" individuals returning back to prison for new crimes they commit. As with those cases, if they in fact committed those crime, they should be brought to justice and should not be able to recover millions of dollars in civil suits.
Critics will say that the two cases are separate, and even if the person commits a new crime, he is still entitled to compensation for a wrongful incarceration, where he in fact was innocent. It is not that simple. Nevertheless, any money recovered from the civil suit should be sent directly to the victims of the new crimes. Here, If Pendleton is found guilty of murder - but somehow still recovers millions - the murder victim and her family deserve the money and should file suit against Pendleton to secure a lien on that money. They should file that lawsuit - now.
