Wrongful Conviction Lawsuit Defense Blog : Wrongful Conviction Defense Lawyer & Attorney : Andrew M. Hale Law Firm

The Chicago Tribune is reporting that David Protess, "whose Medill Innocence Project has been the pride of the prestigious journalism school" - has been asked to stop teaching classes in light of the misconduct that has occurred in the Anthony McKinney case.  As the Tribune explained: "At the center of the dispute are memos written by students during their investigation of the McKinney prosecution —documents Protess turned over to McKinney's lawyers at Northwestern Law School's Center on Wrongful Convictions so they could try to win his freedom. Led by Protess to believe that only limited information had been shared, university officials said, they spent almost a year and hundreds of thousands of dollars in legal expenses fighting prosecutors' bid for all the student records. But now Northwestern officials question whether Protess was forthcoming about what he turned over to McKinney's lawyers. That information was crucial because those materials should also have been given to prosecutors. In addition, a private lawyer hired by Northwestern to lead the court fight with prosecutors abruptly quit representing Protess in the matter last fall, accusing the professor of giving him inaccurate information about what student records had been turned over to McKinney's lawyers, according to documents recently obtained by the Tribune."

Finally, Northwestern was straight with Protess:  "We believe that you have displayed a lack of candor with us and have not cooperated with us," lawyer Richard O'Brien wrote Protess shortly before he withdrew from representing him, according to a copy of the e-mail. 

We need more candor from Protess about what happened in McKinney's case and what exactly is happening at Medill.  Northwestern's actions at this point are good, but long overdue.  In October and November of 2009, when the story broke, I called for Northwestern to take the State's Attorney's allegations seriously and work to clear the name of Medill and its students. Nothing happened.  I was then invited by WNUR (Northwestern's Radio Station) in December 2009  to a panel discussion with Northwestern professors, where I told them in person that the university should be investigating these allegations.  The professors dismissed my call for an investigation and were adamant that Protess should fight the subpoenas. A year later, its pretty clear that Protess is still hiding things and he is now being told to step down because of his actions.

Keep up the pressure Northwestern - this will only help the integrity of the university.    

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News of the Cook County State's Attorney's filed brief, accusing Northwestern University Innocence Project students of paying witnesses in exchange for testimony, has made national headlines. The story was picked up by the New York Times, Wall Street Journal and the Associated Press. Nevertheless, no one from the university has demanded the students respond to these allegations. Mr. Protess, the students teacher, has staunchly defended his work and the work of his students. But why not clear their name? Why not cooperate or conduct their own investigation of these claims. Northwestern's response is due in January.  Until then we will continue to wonder - Why is Northwestern fighting these requests? Every day they fail to comply, forces people to question - Is the Innocence Project really so innocent?

If the students were truly paying off witnesses..why would they do that? What do you think?

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Chicago Tribune is Reporting:

The Cook County state's attorney's office today contended student investigators from Northwestern University's Innocence Project paid a witness in its investigation to exonerate a man convicted of murder in 1982.

"This evidence shows that Tony Drakes gave his video statement upon the understanding that he would receive cash if he gave the answers that inculpated himself and that Drakes promptly used the money to purchase crack cocaine," according to a filing made by prosecutors today. The filing argues the students acted as investigators, not reporters, and as such aren't protected by press rights.

Prosecutors allege that after conducting a 2004 interview with Drakes, a private investigator working with students paid a cab driver $60 to take from the interview site, a park in downstate Swansea, to a gas station two miles away. That amount was more than the fare and tip, and leftover cash -- $40 -- was given to Drakes; he used it to buy crack at a nearby crackhouse, the filing states.

According to today's filing, Drakes told the state's attorney's office that the students knew he was looking for money, and he knew they wanted help with McKinney's case. McKinney has been in prison for 31 years. Drakes told prosecutors that he had a 7 p.m. curfew the night of the interview, and that the Northwestern students initially said they wouldn't pay for his statement, but that one student later "flashed a wad of cash" at him, according to the filing.

After the student paid the cabbie, the driver recorded the transaction in his log, today's filing states. Apparently suspicious that it was a drug deal or a sting, he wrote: "detective gave me 60, told me to give him 40, gave me 60... gave him change." The "him" refers to Drakes. According to the filing, the driver's log notes the fare for the two-mile trip to the gas station -- normally about $6 -- was $20. "The driver did not claim his $14 tip, he was worried it was drug money," the filing states.

Here is Michael Lane's Interview - He also claims the students paid him cash. 

We hope this is not true  - but If this is true - shame on Northwestern and shame on the Innocence Project.  Instead of rushing to defend the students, Northwestern should open its own investigation into these allegations and turn over all the requested information to prosecutors.  What are they hiding? Clear your name.  

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