Ronald Kitchen Lawsuit Against Jon Burge....Claims "It's Not About The Money"
we'll see about that......
Cook County Judge: OK To Subpoena John Burge As A Witness
According to the PR/Newswire:
Cook County Judge Clayton Crane ruled Wednesday that attorneys for Cortez Brown may begin a process to subpoena former Chicago Police Commander Jon Burge to testify about the beating inflicted on Brown during a 1990 murder investigation. Brown falsely confessed to the crime after Burge's subordinates bludgeoned him with a flashlight and committed other abuses. He continues to languish in state prison due to the wrongful conviction. Seeking to void that conviction, Locke Bowman, Legal Director of the Roderick MacArthur Justice Center, and Attorney for Cortez Brown sought leave to subpoena Burge and former Detective Tony Maslanka, who currently live out-of-state, as material witnesses. The certification that Burge and Maslanka are material witnesses in the Brown case permits the attorneys to seek a subpoena within the jurisdiction in which Burge and Maslanka live. In 1990, Brown was arrested for the murders of Devin Boelter and Curtis Sims. Brown alleges that Area 3 police detectives John O'Brien, John Paladino and Tony Maslanka - all of whom worked directly under Burge - verbally threatened him and beat him repeatedly with fists and a flashlight until he agreed to submit a bogus confession to the crimes. At trials for both murders, Brown's coerced confessions were the principal evidence used to tie him to the alleged crimes. And in both cases, the larger pattern of atrocities that Burge inflicted on other black suspects was not revealed. Burge is currently under federal indictment for perjury and obstruction of justice based on his sworn denials that suspects were abused and tortured. Brown finished serving the 30 year sentence imposed on him for one of the murders, but seeks release from his natural life sentence for the second.
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.
Robert Wilson Files Suit Against Eleven Chicago Police Officers
Robert Wilson has filed a civil rights lawsuit in the Northern District of Illinois against eleven Chicago police officers, a Cook County Assistant State's Attorney, the County of Cook, and the City of Chicago. Wilson was charged with attacking June Siler on February 29, 1997 as she waited for a bus at 2851 South King Drive in Chicago. Wilson was arrested on March 1, 1997 and alleged that over the next 30 hours the police physically abused him, denied him sleep and food, denied him his blood pressure medication, intimidated him, promised him leniency if he confessed and threatened him with violence if he did not confess. Wilson wound up confessing to the attack on Siler. Wilson was convicted at his criminal trial and sentenced to 30 years in prison. Siler identified Wilson as her attacker at trial. Wilson filed a petition for habeas corpus on January 13, 2006, alleging that his attorneys should have been allowed to present evidence that another man, Jerryco Wagner, had attacked several women during the time Siler had been attacked in the same vicinity. District Judge Ruben Castillo granted the petition and, thereafter, Siler recanted her identification of Wilson. On November 30, 2006, the State chose not to initiate a new trial against Wilson. Wilson spent 9 years in prison before being released. Wilson's complaint contains claims for violating Wilson's right to a fair trial, conspiracy to violate Wilson's constitutional rights, failure to intervene, malicious prosecution, civil conspiracy, intentional infliction of emotional distress, respondeat superior, and indemnification. Wilson is represented by Locke Bowman from the MacArthur Justice Center, Northwestern University School of Law. The case has been assigned to Judge Kocoras.
Michael Evans Appeals Jury Verdict In Favor Of Ten Former Chicago Police Officers
Plaintiff Michael Evans has filed his appellate brief with the Seventh Circuit Court of Appeals. Evans had sued ten former Chicago Police Officers claiming they framed him for the rape and murder of nine-year old Lisa Cabassa back in 1976. Evans was convicted of that crime in 1977 and spent 27 years in prison until being released in 2003 based on the results of DNA testing. Evans later received an innocence pardon from Governor Blagojevich. In August 2006, a jury found in favor of the ten Chicago Police Officers and against Evans. Evans had asked the jury to award him over $50 million in damages.The main issue raised in Evans' appeal is that several of the former Officers were allowed to give depositions shortly before trial after having previously asserted their Fifth Amendment rights. Evans claims he was prejudiced by these depositions, but did not ask District Court Judge David Coar to continue the trial date. The ten former Chicago Police Officers were represented by Andrew Hale, Eileen Rosen and John Rock from the law firm of Rock Fusco, LLC. Michael Evans was represented by Jon Loevy of Loevy & Loevy, Flint Taylor from the People's Law Office and Locke Bowman from the MacArthur Justice Center.
