Judge Allows Northwestern To Toss Out The Controversial Evidence In The Anthony McKinney Case

As previously reported,  lawyers for McKinney sought to distance themselves from the students who allegedly used improper influence - paying and flirting  - over witnesses to get them to give statements that would exonerate McKinney.  

According to news reports, A judge today accepted a request from a man convicted of a 1978 murder to drop much of the controversial evidence pointing to his innocence that was dug up by Northwestern University journalism students. Judge Diane Gordon Cannon agreed to drop the evidence from a motion for a new trial filed by Anthony McKinney. She asked that McKinney sign an affidavit stating he understood the consequences, explaining that he is being treated in a psychiatric ward....The judge in the case has not yet ruled on the subpoena, but Karen Daniel, McKinney's lawyer, has said the more important issue at hand is whether her client was wrongfully convicted. Daniel said she believed dropping much of the questioned evidence would render moot the subpoena, but prosecutors have disagreed. They say all the evidence being used in the battle to get McKinney a new trial was part of the Medill Innocence Project's investigation.

We agree - the entire investigation is at issue. What is Northwestern trying to hide? 

 

Anthony Mckinney's Lawyers Seek To Distance Themselves From The Controversial Actions Of Northwestern's Innocence Project Students

The Chicago Tribune is reporting

Anthony McKinney's attorneys filed a post-conviction petition yesterday that no longer includes affidavits and videotapes gathered by Medill Innocence Project students.  Northwestern hopes that the modified petition will end the states's attorneys efforts to force Northwestern to turn over their grades, grading criteria and notes. "My hope is that by taking out the most controversial evidence in the case that the state will agree" that their subpoenas seeking the information are moot, David Protess said.

As previously reported, McKinney's attorneys have been trying since November 2008 to win him a new day in court. Prosecutors have argued they need the students' material to prepare for the hearing and have filed documents containing accusations by witnesses that the students paid and flirted with them.

Apparently, McKinney believes his petition is strong without this "new evidence." If thats the case, we are not sure why the students had to go out and get it - and allegedly pay for it.  Either way, the students should comply with the subpoena and clear their names.  If Northwestern really wants McKinney out of prison, a simple subpoena shouldn't stand in the way.  If the students did nothing wrong, and there is nothing to hide, why the delay?

What's more important - the documents or McKinney?  

Northwestern's WNUR News To Air Forum On Students' Methods Of Investigating The McKinney Case - LIVE Tonight at 8PM

WNUR News - Northwestern University's student-run radio will be airing an open discussion tonight to address the allegations being made against the Medill Innocence Project. 

 As previously posted, the Cook County State's Attorney's Office has subpoenaed the journalism students for all their documents related to the Anthony McKinney investigation. The States Attorney is also see king the student's course outline and grade information.   The State has evidence that students paid witnesses in exchange for their testimony,  The Students, presumably, deny these allegations.  

The question tonight will be: Are the State's requests reasonable? Can the students legally hide behind a reporter's  privilege?  Should they be able to hide this information?  Can students pick and choose what information they disclose to prosecutors?  What are the implications of such actions? What does it say about the Medill Innocence Project? What's wrong with just putting all the cards on the table and seeking the truth? 

A lot of questions.....tune in tonight to hear the panelists weigh in. 

PANELIST BIOS:

Professor Jack Doppelt

Medill School of Journalism
Focuses on, among other topics, Law and Media Ethics

Mr. Avi T Kamionski

Associate of Andrew M. Hale Law Firm in Chicago
Concentrates practice in Civil Rights Litigation

Professor Laura Beth Nielsen

Director of Legal Studies Department, Northwestern
Associate Professor in the Department of Sociology
Research Fellow, American Bar Foundation
 

 

John Stoll To Receive $5M Settlement In 20 Year Wrongful Conviction Case Featured In The Documentary "Witch Hunt"

BAKERSFIELD Channel 2 News is reporting:

Kern County leaders have agreed to pay a man $5 million after he was wrongly sent to prison for 20 years. John Stoll was convicted in the 1980s on molestation charges that were eventually overturned. He was featured last year in the documentary "Witch Hunt," which told the story of a string of child molestation cases during the '80s that sent 34 Bakersfield residents to prison.

Every conviction was ultimately overturned, including Stoll's, as witnesses recanted testimony and Kern County prosecutors were accused of using coercive techniques to get children to testify against their own parents.

John Stoll's settlement is $400,000 per year for each year he was in custody, far less than the $1M a year rate that plaintiff's lawyers are attempting to set.  As recently addressed, the 1st U.S. Circuit Court of Appeals explained that even $1M a year "approach[es] the outermost boundary of what might be thought conscionable" and is "at the outer edge of the universe of permissible awards."