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RBP
10-30-2014, 11:49 PM
Chicago Tribune
OCTOBER 30, 2014, 11:55 AM

Rewriting a key chapter in Illinois' death penalty history, Cook County prosecutors Thursday threw out the double-murder conviction of Alstory Simon, whose videotaped confession unraveled one of the state's most pivotal wrongful convictions, parking reform and ultimately the end of capital punishment in Illinois.

At a brief hearing in Cook County Circuit Court, Judge Paul Biebel ordered Simon immediately released from prison after granting prosecutors' request to dismiss his conviction. Prosecutors did not say if they believed that Anthony Porter, who as freed from death row by Simon's confession, was guilty of the murders after all. Even if prosecutors did believe Porter was responsible, though, he could not be prosecuted because of double jeopardy protections. The result is that no one will ultimately be held accountable for the 1982 murders of Marilyn Green and Jerry Hillard on Chicago's South Side even though two men ended up serving lengthy prison terms for their killings.

Simon, 64, is scheduled to be released from the Jacksonville Correctional Center in Central Illinois later Thursday, while State's Attorney Anita Alvarez, whose Conviction Integrity Unit has been investigating the case for the last year, cheduled a news conference to explain how she came to her decision. Moments after the court hearing, one of Simons' attorneys, Terry Ekl, who said he couldn't sleep last night after learning prosecutors would drop the conviction, told reporters he still felt "numb" that a moment he once thought would never happen had finally come.

"The system did work to free an innocent man, but he should never have been there in the first place," said Ekl, who blasted Simon's lawyer at the time of his guilty plea as well as the Northwestern journalism professor whose students, working with a private investigator, obtained Simon's videotaped confession.

"I think they essentially framed Alstory Simon to get Anthony Porter out of jail so they had that poster boy (for the anti-death penalty movement), and that should never occur," he said. Ekl said he had not yet spoken to Simon but said "he's been in prison for 15 years for something he didn't do, so I think he's going to be extraordinarily relieved this morning."

The investigator, Paul Ciolino, issued a statement Thursday noting that Simon had confessed to a Milwaukee TV reporter and his own lawyer after confessing to him. "I believe Anthony Porter was innocent, but no one can deny the state fell far short of meeting the standard of beyond a reasonable doubt in securing a death sentence for him," Ciolino wrote. "But for the work we did together with David Protess and his students, Porter's life would have been taken."

Jack Rimland, Simon's attorney at the time of the guilty plea, said Simon repeatedly acknowledged that he had committed the murders before he pleaded guilty and continued to admit his guilt even after he began serving his prison sentence. "He consistently maintained that he shot the two people and never deviated from that once," he said. Alvarez's decision forever alters the narrative arc of Illinois' history with capital punishment. Shaken by Porter's coming within 48 hours of execution, then-Gov. George Ryan, a longtime supporter of the death penalty, halted executions less than a year after Porter was exonerated. Later, Ryan emptied death row, saying the state's capital punishment system simply could not be trusted. Ultimately, Porter's exoneration contributed to the momentum that led to the abolition of the death penalty in Illinois in 2011.

Rob Warden, the retired executive director of Northwestern University law school's Center on Wrongful Convictions, has credited Porter's exoneration as the "single most significant development" in the run-up to the abolition of the death penalty. "If it hadn't been for this case, I don't think George Ryan would have declared a moratorium," Warden said in a law journal article. "And if not for the moratorium, all that followed might not have happened — at least not on the timetable that it happened."

Alvarez's move to throw out the conviction came at the end of a yearlong re-examination of the controversial prosecution. The reinvestigation by Alvarez's office raised a frightening prospect that a sound conviction was improperly discredited, a guilty man was wrongly freed and an innocent man took his place in prison.

As part of the inquiry, prosecutors interviewed Simon twice. Both times, he said he was innocent. In calling for the reinvestigation, Simon's lawyers said no physical evidence linked Simon to the murder, that more evidence actually pointed to Porter as the killer and that then-State's Attorney Richard Devine had acted too hastily in freeing Porter in 1999 following Simon's confession. They also accused Ciolino, the private investigator, of coercing Simon's confession. Ciolino has denied wrongdoing but admitted that he showed Simon a video in which an actor posing as a witness implicated Simon as the gunman. In addition, Simon, who was scheduled to be released in 2017, alleged that Rimland pushed him to plead
guilty in spite of his innocence. But Porter's supporters noted that Simon's innocence claim depended on a streetwise criminal going to prison for a crime he did not commit on the promise that he would be financially rewarded at some point.

They also pointed to Simon's lengthy in-court apology to the victims' families and to his continued admissions of guilt even from prison. Rimland insisted he had represented Simon vigorously and pointed to Simon's relatively short 37-year prison sentence for murders that sent Porter to death row.

Critics also suggested the case allowed Alvarez an opportunity to undercut the work of David Protess, the Northwestern journalism professor whose students, working with Ciolino, unraveled the case. A few years ago, Alvarez tangled with Protess in another wrongful conviction case, drawing some criticism, though Protess eventually left Northwestern in a dispute with the university. One interesting aspect of Alvarez's decision is that in deciding to free Simon, Alvarez ultimately came to the conclusion that his videotaped confession, guilty plea and subsequent admissions were not credible.

As the state's attorney, Alvarez has given great weight to confessions, often refusing to throw out convictions because defendants had confessed even in the face of compelling evidence undercutting the confessions.

RBP
10-30-2014, 11:50 PM
Same story, different report...

CHICAGO (Sun-Times Media Wire) -

In a stunning reversal, a Cook County judge on Thursday ordered the immediate release of Alstory Simon for a 1982 double-homicide, a case that was a key factor in bringing an end to the death penalty in Illinois.

Simon was convicted in the double murder after another man, Anthony Porter, was originally convicted for the crime but later released in a celebrated case that purported to show the flaws in the justice system.

Simon allegedly confessed to the crime, but serious questions were later raised about whether Simon had been coerced into confessing.

In a brief court hearing Thursday morning, prosecutors asked that the charges against Simon be dropped and he be released immediately from custody.

They offered no explanation, but at a Thursday morning news conference, Cook County State's Attorney Anita Alvarez explained: “Justice compels that I take action.”

Alvarez said that the re-investigation of the case, led by then Northerwestern University journalism professor David Protess and his students, used “alarming tactics” and noted that there were witnesses to this day who maintain Porter was the real killer.

Back in 1999, though, Cook County prosecutors offered a different story, assuring the public that justice was served when Porter was freed from prison for the notorious double murder.

Porter came within hours of being executed — and his release became a driving force in former Gov. George Ryan's decision to declare a moratorium on the death penalty in Illinois.

Now, Simon, the man who took Porter's place in prison and was sentenced to 37 years, will soon be out, and a significant twist has been added to the story of Illinois' moratorium on capital punishment.

“Wow. For a while I never thought this day would come,” says Terry Ekl, Simon's attorney.

Ekl thanked Alvarez for her willingness to re-examine case: “I always sensed they were trying to do the right thing.”

Simon, who has been serving his sentence in the Jacksonville Correctional Center, had been scheduled for parole in August 2017.

Under the constitution's double jeopardy clause, Porter can't be tried again for the murders.

In April, the Chicago Sun-Times reported on an April 2001 memo that suggested politics had figured into then-State's Attorney Richard Devine's decision to drop the murder case against Porter and charge Simon in 1999.

“A political decision was made that this case be put to rest because it caused too much publicity against the imposition of the Death Penalty, caused great doubt about the validity of death penalty punishment for mentally challenged individuals and incited a significant amount of negative press concerning Death Row reversals,” said a memo by attorneys defending the city of Chicago against a wrongful conviction lawsuit by Porter.

A Cook County jury found in favor of the city in the lawsuit.

The 2001 memo pointed out the evidence against Simon, including his confession and his wife's statement implicating him.

But the memo also noted that Simon insisted the confession was coerced and that his wife recanted on her deathbed. And it stressed that other evidence presented to a grand jury — which was impaneled after Porter was freed — continued to implicate Porter in the murders.

One witness, Kenneth Edwards, told the grand jury in 1999 that he saw Porter pull the trigger and kill Jerry Hillard and Marilyn Green in the bleachers near a pool in Washington Park on the South Side. Other witnesses put Porter at the scene of the crime.

At the 1999 hearing at which Simon pleaded guilty, the judge asked then-Cook County Assistant State's Attorney Thomas Gainer Jr. about the evidence he would have presented at trial. He told the judge that the evidence against Simon included the confession and Simon's wife's statement.

But Gainer, who is now a judge, didn't mention that witnesses told the grand jury that Porter was at the scene of the crime or that Edwards told the grand jury that he saw Porter kill the couple.

Earlier this year, the Sun-Times reported that Thomas Epach — Cook County's chief of prosecutions in 1999 — recently raised questions about Porter's release and Simon's prosecution.

In an affidavit, the highly regarded former prosecutor provided to Simon's attorneys last year, Epach wrote: “In my years of experience as a prosecutor, it is my opinion that it was highly unusual, if not unprecedented, to make a decision to release an individual convicted of murder based on the broadcast of a video, the reliability and authenticity of which had not been thoroughly investigated and established.”

Epach, who is now retired, could not be reached for comment. Devine has told the Sun-Times in an interview that he didn't recall Epach expressing doubts about the decision to charge Simon in 1999.

Porter was freed and Simon was charged after a local TV station aired Simon's videotaped confession.

Paul Ciolino, a private investigator who worked with Protess and his students to free Porter from Death Row, told a grand jury in 1999 that he obtained Simon's confession through deception.

Ciolino said he showed Simon a video of an actor who claimed he knew Simon committed the murders. On the confession tape, Simon said he committed the killings in self-defense after he thought he saw one of the victims, Jerry Hillard, pull a gun on him at the pool.

Simon's attorney, Ekl, has accused Ciolino of bullying Simon into giving a false confession during that visit to Simon's apartment. In a Chicago Magazine interview, Ciolino had acknowledged “bull rushing” Simon into confessing.

In a statement Thursday, Ciolino stood by his work in the Simon case.

“Mr. Simon confessed to a Milwaukee TV reporter, his own lawyer and others since he confessed to me. You explain that.

“No one should be in prison if the state did not meet its burden of proof. This is America. I believe Anthony Porter was innocent, but no one can deny the state fell far short of meeting the standard of beyond all reasonable doubt in securing a death sentence for him. But-for the work we did together with Northwestern and the students, Porter's life would have been taken.

“I appreciate the State's Attorney's renewed commitment to rooting out wrongful convictions. While misplaced here, I hope her office reviews other cases in the system.”

In a brief interview, Ciolino added: “I'd love to have a detailed conversation with you but I can't,” Ciolino said Thursday, citing legal advice. “You know, I've got lawyers crawling up my ass . . . believe me. I'd like nothing more.”

Ekl blasted Ciolino's role in the case and worked to explain why Simon confessed to a double murder he says he did commit.

Ciolino did “a lot of extraordinary things, that if the Chicago Police Department engaged in that kind of conduct, a lot of people would be standing at the top of the (Willis) Tower, screaming about what happened,” Ekl said.

“There was a time when all of us thought people did not confess to things they did not do,” Ekl said. “We now know that's not true.”

Protess did not immediately return a phone message.

But Rob Warden, executive director emeritus for the Center on Wrongful Convictions at Northwestern University School of Law, defended the prosecution of Simon for the double murders.

Warden said in a statement: “I have studied hundreds of false confessions. Alstory Simon's fits no known pattern. Usually, false confessions are promptly recanted . . .

Not only was Alstory's not promptly recanted, but months later he pleaded guilty in open court and apologized to the victims' families. Are we to presume that he would confess to a capital crime because he thought that, when and if he ever got out of prison, there might be a movie deal? I am confident that most rational observers — a category from which I exclude Anita Alvarez — who objectively observed the facts of this case would agree with me, and with former State's Attorney Dick Devine who prosecuted Simon, that Simon is far more likely guilty of this crime than is Anthony Porter.”

Porter's lengthy rap sheet includes arrests in the 1970s for rape and at least two murders, but those cases were dismissed, police records show.

In 1973, Porter was identified as the gunman in a tavern robbery in which a man was shot to death and two people were wounded on the South Side, records show.

In 1976, he was charged in a shooting on the South Side that left a man dead and another person wounded. A witness told detectives that Porter warned her not to cooperate with them and the case was later dismissed against Porter, records show.

Porter has denied involvement in those crimes and recently told the Chicago Sun-Times he wasn't in the park on the night of the 1982 double murders. He said Alvarez's review of the case was part of a larger attempt to discredit him and the anti-death penalty movement.

RBP
10-31-2014, 12:01 AM
This floored me... wow.

Summary for the TL;DR crowd.

Man convicted of a 1982 double murderer is on death row close to execution. Another man confesses. The convicted man is set free. The Governor is so upset that he got with 48 hours of executing an innocent man that he places a moratorium on executions. Then he commutes all death sentences to life in prison. Ultimately, the death penalty in Illinois was eliminated.

It turns out the latter confession was coerced by the Wrongful Convictions Center at Northwestern Law. Today the man that made that last minute confession was released from prison after 15 years.

(In a radio interview I heard today, the former crack addict said he was on a 3-day binge when representatives from the Wrongful Conviction Center and an investigator "bum rushed me and put a gun to my head" - he was going down. When asked for comment, the investigator said "our actions saved Anthony Porter's life")

Muddy
10-31-2014, 01:10 AM
You know what? I am way to intoxicated to be able to absorb all this... I have to read later....

FBD
10-31-2014, 12:24 PM
:lol: I think I still am