Audio From George Ryan Deposition Made Public In Oscar Walden Case

 

I asked him several times in the deposition why he pardoned Oscar Walden? What evidence of innocence did he review? He had no answer.  The Chicago Tribunes headline today highlights the problem: Ryan on tape: 'I pardoned guys I knew were guilty' 

 

Jury Rejects Oscar Walden's Claim Of A Coerced Confession

After a week long trial, a federal jury rejected Oscar Walden's claim that the police coerced his confession to rape back in 1952. Walden was arrested in January 1952 when an employee at a drug store called the police and said that he looked like the person depicted in a police sketch who was wanted for rape. Once brought to the police station, Walden was identified by the rape victim as being the man who attacked her. The next day, Walden gave a confession to police officers. Walden was convicted at his criminal trial and spent 14 years in prison before being released on parole in 1965. In 1978, then Governor James Thompson gave Walden a general pardon. Thereafter, Walden sought an "innocence" pardon on several occasions but was denied each time. However, in 2002, Governor George Ryan gave Walden an "innocence" pardon, despite the fact there was no new evidence of innocence. At the time, the rape victim and all the police officers and states attorneys involved in the 1952 criminal trial were deceased. That innocence pardon allowed Walden to file a civil lawsuit against the City of Chicago wherein Walden claimed that his confession was coerced by physical and mental mistreatment at the hands of Chicago police officers. Walden testified at his civil trial, as did his former attorney George Leighton and an expert witness named Joseph Lipari who opined that the City of Chicago had a policy and practice of coercing confessions from criminal suspects in 1952. Since the police officers, state's attorneys and rape victim were all deceased, but had been subjected to cross-examination at Walden's criminal trial, the defense used actors and presented their criminal trial testimony to the civil jury. After deliberating less than one day, the jury rejected Walden's claims and found in favor of the City of Chicago. The jury specifically found that the police officers had not coerced Walden's confession. Walden's attorneys had asked the jury to award him $15 million. The City of Chicago was represented by attorneys Andrew M. Hale and Avi Kamionski from the law firm of Andrew M. Hale & Associates. Walden was represented by Flint Taylor and John Stainthorp from the Peoples Law Office.

City Of Chicago Not Sanctioned In Rule 30(b)(6) Dispute

Magistrate Michael Mason has denied plaintiff Oscar Walden's motion for sanctions against the City of Chicago stemming over the City's inability to produce a Rule 30(b)(6) deponent.  Walden was arrested and prosecuted for rape back in 1952 (that's right 1952), which resulted in his conviction by a jury. He served 14 years in prison and in 2003 received an innocence pardon from then-Governor George Ryan. In 2004, Walden filed suit alleging he was falsely arrested for rape, coercively interrogated and subjected to highly suggestive identification procedures. Walden also alleged the Chicago Police Department were acting according to the policies and practices of the City and CPD at the time and that those policies and practices proximately caused his conviction and imprisonment. Walden's attorneys served the City with a Rule 30(b)(6) notice of deposition asking the City to produce a knowledgeable witness to testify as to these alleged polices and practices. The City advised Walden's attorneys that due to the 55-year passage of time and the fact that virtually all of the CPD records created prior to 1960 had been discarded, the City was unable to produce someone competent to testify. Walden's attorneys sought sanctions in the form of a jury instruction that the alleged policies and practices alleged did, indeed, exist at the time, or an order barring the City from challenging Walden's proof of these alleged policies and practices. Magistrate Mason denied Walden's motion for sanctions, stating "The long and short of it is, the City cannot designate a 30(b)(6) witness because it does not have a knowledgeable employee, nor is there any information reasonably available to the City from which it could create a knowledgeable 30(b)(6) witness." Walden is represented by John Stainthorp at the People's Law Office. The City of Chicago is represented by Penelope George and Stephen Baker at the City of Chicago Law Department.