More On The Battle Between The Cook County State's Attorney's Office And Northwestern University's Medill Innocence Project

 The February 2010 issue of Chicago magazine contains an article "The Professor and the Prosecutor: Anita Alvarez's office turns up the heat on David Protess's Medill Innocence Project" that discusses the ongoing battle over the subpoena that the Cook County State's Attorney's Office has served on the Medill Innocence Project. The main issue in the dispute is whether the students in Protess's class were acting as reporters. The article quotes Alvarez stating: "These students wrote no newspaper story on this case, they wrote no magazine articles. . . What is the purpose of this particular class? . . .  The whole purpose of this was to gather information for court, to gather information that they believe is going to exonerate someone." The article also quotes DuPage County state's attorney Joseph Birkett: "If you are working on an investigation and are assembling evidence for a team of lawyers, I'm sorry, you may be a journalist, but in that scenario you are an investigator, and the journalistic privilege is not going to apply." A court hearing on the dispute will be heard later this month by circuit court judge Diane Gordon Cannon.

Thaddeus Jimenez Conviction is Vacated After 16 Years of Custody. Jimenez Was 13 When He Was Arrested

          The Chicago Tribune is reporting: 

"A man who was 13 when arrested in 1993 and convicted of murder has been freed because Cook County prosecutors now believe another man committed the slaying. State's Atty. Anita Alvarez didn't say what evidence prompted her office to push for a judge to vacate Thaddeus Jimenez's 50-year prison sentence on Friday, but said it was the right decision. "I'm happy to be alive today," Jimenez, now 30, said at a press conference at the Cook County Criminal Courthouse, "after spending a little over 16 years in the Department of Corrections." 

Prosecutors have charged a Hammond, Ind., man with the Feb. 3, 1993 murder of Eric Morro. Juan Carlos Torres, 30, is awaiting extradition to Illinois and was mentioned as a potential suspect at the time of the shooting, authorities said. Witnesses had told police they saw Jimenez fire the fatal shot. A man with Morro initially told police Jimenez was not the gunman, but after a lengthy interrogation, changed his story and pointed the finger at Jimenez, authorities said. The case came to the attention of the Northwestern University Center on Wrongful Convictions in 2005. The center conducted an investigation and, in September 2007, sent its findings to the state's attorney's office. The office launched its own review and, along with Jimenez's attorneys, asked a judge on Friday to vacate Jimenez's sentence. The judge agreed. The decision to drop the case was "a powerful example of a prosecutor's office living up to the highest ideals of what a prosecutor should be," said Steven Drizin, one of Jimenez's attorneys and a law professor at Northwestern. Jimenez "would still be locked up today if not for the Cook County state's attorney's office."

Alvarez said her office found no evidence of official misconduct in the original investigation against Jimenez. "This is a situation where we don't see any police misconduct or prosecutorial misconduct," she said, noting the evidence initially appeared to point to Jimenez. She said the case is an example of why there needs to be continued training of police and prosecutors on how to interrogate witnesses and verify witness accounts. During a brief statement Jimenez thanked his lawyers and his mother, saying that because she didn't give up hope, he had the strength to persevere."I survived because of the love and support I received from my mother, who battled cancer and other illnesses while I was away," he said."

You can also read Maurice Possley's article in Chicago Sun-Times 

The Center on Wrongful Convictionsat Northwestern University has published a video on Thaddeus Jimenez's release.