District Court Dismisses James Haley's Wrongful Conviction Lawsuit - Boston Man Was Represented By Chicago Attorney Jon Loevy

The Boston Globe is reporting that the a federal district court in Boston has dismissed a wrongful conviction lawsuit brought by Cambridge resident James Haley who spent 34 years in prison before a judge overturned his 1972 murder conviction. Haley learned in 2006 that certain police interviews had not been turned over to his attorney. The Suffolk District Attorney's office agreed the evidence should have been turned over and filed a motion to vacate Haley's conviction. Haley was freed on January 18, 2008 and prosecutors later decided not to retry Haley. U.S. district court judge Richard G. Stearns rejected claims that the detectives - now deceased - deliberately withheld inconsistent statements made by key witnesses and found that prosecutors - not the police - were responsible for disclosing evidence to the defense and that in 1972 the law was not clear on whether the prosecutors were obligated to share these witness statements with Haley's lawyer. Haley was represented in his civil suit by Chicago attorney Jon Loevy from the law firm of Loevy & Loevy.

Alleged Spanish Cobra Gang Member Shot And Killed While Riding In Juan Johnson's SUV - Police Seeking To Speak To Johnson

 Rosemary Sobol of the Chicago Sun Times is reporting :

Humboldt Park murder has connection to recent wrongful conviction award
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June 30, 2009
BY ROSEMARY SOBOL Staff Reporter
The Saturday murder of a Berwyn man occurred inside a sport-utility vehicle registered to a man who was recently awarded a record $21 million by a federal jury after he spent 11 years in prison for a murder conviction that was later overturned.

The slaying of 37-year-old Freddy Vasquez, of Berwyn, occurred at 7:06 a.m. on the 2400 block of West North Ave. in the Humboldt Park neighborhood, according to Shakespeare District police Capt. Marc Buslik.

Vasquez was sitting in the rear driver’s side seat of an SUV that is registered to Juan Johnson, who recently was awarded the $21 million award, according to Buslik, who said Johnson was not in the vehicle or on the scene of the incident.

A federal jury awarded the money to Johnson June 22 and attorneys for Johnson, an alleged Spanish Cobra leader, said his wrongful conviction was part of a pattern of abuse on the city's Northwest Side by former Chicago Police Officer Reynaldo Guevara, authorities said.

In Johnson's case, at least three people who identified him in the murder later said they did so only after Guevara or others working with him told them to, his attorneys said. The $21 million award was the largest ever for a wrongful conviction in Chicago, his attorneys said.

In Saturday’s murder, a car pulled up alongside the SUV on its passenger’s side and someone inside opened fire, striking Vasquez in the neck and head, according to the captain, who said rounds also went through the vehicle and hit 32-year-old Leticia Vega -- who was sitting next to Vasquez -- in the chest.

The SUV was being driven by Myra DeLeon and 37-year-old Timothy Russell was a passenger, Buslik said, adding that DeLeon was not shot and drove the SUV to Saints Mary and Elizabeth Medical Center.

Authorities said Vega, who was seriously injured, was later transferred to another hospital for treatment.

Vasquez, of 2238 S. Kenilworth Ave. in Berwyn, was pronounced dead at Saint Elizabeth Medical Center at 7:27 a.m. Saturday, according to the Cook County Medical Examiner's office.

An autopsy Sunday determined Vasquez died of multiple gunshot wounds and his death was declared a homicide, according to the medical examiner’s office.

All the people inside the SUV had just returned from a social club when the shooting occurred and all are allegedly affiliated with the Spanish Cobra street gang, according to the captain, who said the slaying may have been a result of an ongoing feud between the Spanish Cobras and the Maniac Latin Disciples.

Police are seeking to speak to Johnson because his vehicle was involved in the incident, according to Buslik.

 

Innocence Project Seeks Compensation For Nebraska's Wrongful Convicted

Last week, we shared the story of a man who has yet to receive his compensation for his wrongful conviction.  As discussed, not all states have compensation systems in place. Nebraska is one such place.  The Innocence Project of Nebraska is trying to change that.  Omaha's WOWT-DT Channel 6 is reporting

The Nebraska Innocence Project is calling on state lawmakers to compensate those wrongfully convicted. Their request comes in advance of the anticipated pardoning of five of the "Beatrice 6," January 26th. Nebraska is one of 25 states without a statute providing compensation to those who are wrongly convicted. The Nebraska Innocence Project is lobbying for the passage of legislation. The group says it's needed not only as compensation for a past wrong, but to help those affected transition back into society with mental and vocational counseling, as well as job training.  Six individuals in total were accused of taking part in the 1985 rape and murder of Helen Wilson of Beatrice. However, they were cleared of wrongdoing through DNA evidence on November 7th. Joseph White did not seek a pardon because the charges against him were dropped.“The releases and pardons, acknowledging that a horrendous wrong has been done these people, are to Nebraska's credit," said Rebecca Murray, president of the Nebraska Innocence Project. "Many individuals who are exonerated in this country do not receive such a message.” She added, “Pardoning is not enough. These individuals deserve more than a pardon, more than an apology. They deserve resources to begin to put their lives back together.” Last week Senator Kent Rogert introduced LB 260, “Nebraska Claims for Wrongful Conviction and Imprisonment Act.” It would provide monetary and in-kind compensation to the Beatrice 6 and any future wrongly convicted claimants, and would expunge the conviction from their records. 

According to the The New York Times Sunday edition

Last month, the Nebraska attorney general, Jon Bruning, said DNA evidence conclusively linked another man, Bruce A. Smith of Oklahoma, to the rape and murder of Ms. Wilson, 68, who was killed on Feb. 6, 1985. Mr. Smith died of AIDS in 1992.  In a pre-session survey by The Associated Press, 14 Nebraska senators or senators-elect said they would support a measure providing compensation to exonerated inmates. Five said they would not, and 20 said they were not sure. One did not answer the question, and nine did not participate in the survey.

Any compensation package that is established in Nebraska should include a no-sue clause.  If a wrongfully convicted individual receives compensation he or she should be prohibited from seeking more money in a lawsuit.