Cook County Prosecutor Continues to Investigate Students for Trying to Free an Innocent Man

Cook County prosecutors continue in their relentless attempt to discredit the work of the students of Medill Innocence Project in their efforts to exonerate Anthony McKinney, whom they believe to be innocent. The prosecutor initially subpoenaed the personal records of the students on the grounds that the students were more interested in obtaining good grades than freeing the wrongly convicted. The prosecution's apparent theory is that this unsavory goal of attaining good grades somehow tainted the information obtained. On that basis, I would assume that every journalist who dreamed of a by-line, a front page story, a Pulitzer Prize, who was investigating government activity, could have their personal records examined -- people like Woodward and Bernstein investigating Watergate.

But apparently recognizing the absurdity of this position, the prosecutor now claims that the students paid witnesses. Anthony Drakes told the students in a video interview that he was at the murder scene but that Mr. McKinney was not. The students placed the witness in a cab and gave the driver $60. The prosecution claims $40 of that $60 was given to the witness by the driver pursuant to the student investigator's instructions. Or to put it simply -- the witness placed himself at the scene of a murder for $40! The former student involved claimed that the cab driver estimated the cost would be $50, so he gave him $60 to cover it. The prosecution claims that both the cab driver and his logs support their contention.

I cannot ignore this latter evidence, not for what it contains, but for what it signifies. It means that the prosecutor undoubtedly sent detectives into the field to interview the cab driver and inspect his logs. I am certain that the residents of Cook County will sleep better knowing that the prosecutor's office is devoting its time and manpower to investigate persons whose only crime is trying to free someone whom they believe was wrongfully convicted.

Finally, I suspect that there is nothing improper or illegal for journalists (or even lawyers) to compensate witnesses for their time and pay their expenses. But the irony of these charges is its source. The police pay informants everyday for information. Prosecutors offer criminals (not just witnesses) plea deals with reduced sentences everyday for cooperation and testimony in support of charges against others. Should the prosecutors' personal records be examined by the defense in order to determine what their motives were in making these deals?

The Medill Innocence Project was successful in exonerating 11 inmates and the Illinois governor cited those wrongful convictions in commuting the sentences of everyone on death row. One can understand that the prosecutor's office might be embarrassed as a result by the efforts of a bunch of journalism students, but such embarrassment does not warrant a vendetta against them. The prosecution should join in the righting of wrongful convictions not be investigating the students engaged in the effort, no matter what their personal motives may be. If they get a good grade for freeing an innocent person, they deserve it. Right now the prosecution is flunking.

 

Comments

[skeptical1]

I'm certain that many the people who voted for Alverez because she is a woman (the lone woman in the primary field) are now wondering if there might not be more to being State's Attorney than just identity. This is simply outrageous.

[meldah]

It is a sad state of affairs when personal ambitions overshadow the consciences of people. But that is what we have. The Prosecutors and apparently Judges think the cases are about them, their careers, their reputations. But, these cases are not about Prosecutors, Judges or even Defense Attorneys, it is about the victims, the families of the victims, and the defendant and if convicted the criminal. Justice doesn’t stop when the jurors pronounce the verdict, humanity is flawed and knows this basic fact. That is why innocence projects exists. No one likes to make mistakes, but it is more Honorable to admit the mistake than let a person die, or cause the soul to die by unjust internment. I have to chide my children ‘it not about you, dear, ….’ Adults should know better.

.

[Lisette]

I am so fed up with prosecuters who do this and get away with it!!!!

Look at Jim Ryan the DA of Dupage County!!!!

They tried Rolando Cruz not once but 3 times in the Nicarico case

And Jim Ryan not only is not in jail, but has the nerve to run for Governor!!!
.

[Edward Heller]

Instead of investigating these kids and wasting taxpayer money,
maybe they swallow their foolish pride and HIRE THEM.

[Kiri sute gomen]

Very good article, thank you.

[Judge H. Lee Sarokin - Huffpost Blogger]

Kiri -Thank you.

[tompoe]

I know nothing about the law. When I read this article, I can't help but wonder if the prosecutors leave themselves open to lawsuits raising issues otherwise found in SLAPP lawsuits?

[Judge H. Lee Sarokin - Huffpost Blogger]

tompoe - Probably not., because of their immunity protection.You may have read recently about Maher Arar (see my post on the subject) whose claim was dismissed despite his rendition to Syria by government agents where he was tortured. If he doesn't have a claim, I doubt that the students have one.

[Jeff1958]

What's even worse is that, in their attempt to let the current ruling stand, a guilty person is likely out on the streets. Keeping the innocent locked up is only the half of it. If the prosecution spent half the time they are "investigating" the students, they might find the actual guilty people.

[Judge H. Lee Sarokin - Huffpost Blogger]

Jeff1958 - Indeed, you are so right. Investigating the investigators (actually journalists) hardly seems the best use of their time.

[jalowe1957]

What pisses off the Cook County prosecutors so much is that the students' investigative work makes them look like arseholes who didn't do their homework.

So who would you expect them to target to conceal and cover up their own professional deficits?

[Judge H. Lee Sarokin - Huffpost Blogger]

jalowe1957 - Unfortunately you are right!

[NICELYDONE]

This is the Chicago.CookCounty, Illinois climate of corruption that has been rampant in perpetuity ,,,, and run by ????

[Lisette]

DuPage County is bad too! It is a good ole boys club!

Look what State Aty Jim Ryan did to Rolando Cruz in the Nicarico Case
{3 Trials and the death penalty]

And now Jim Ryan has the nerve to run for Governor

[dadw5boys]

These people in office play the game of Justice without any real care for what Justice really is. Making a deal to put someone in jail even for a short time because they have no evidence to take to trial is unforgivable.

Trumped up charges of all kinds to cover up the fact they have little or no evidence.

[Judge H. Lee Sarokin - Huffpost Blogger]

dadw5boys - One would hope that the prosecution would be just as interested as the students in determining whether or not an innocent man had been convicted, but that does not seem to be the case. Preserving a conviction seems to be more important than doing justice.