Articles Tagged with Actual Innocence

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DNAChicago – the Illinois Court of Appeals reversed and remanded a case in which the Cook County trial judge denied the defendant’s motion for DNA testing.

On October 28, 1999, the victim was shot and killed by a male wearing a gray sweatshirt. Later that day the Chicago police found a man sitting on a gray sweatshirt in a vehicle matching the description of the vehicle identified leaving the vicinity of the shooting. As the police approached the vehicle, a weapon was thrown from a window. At trial a witness testified that on the day of the shooting she spoke with the victim and then saw a man with a gray hoody whom she identified as the defendant. The witness testified that she saw the defendant’s face the first time he walked by but did not see the shooters face. Nonetheless, she identified him as the shooter in a line up and she identified a picture of the hoody.

Another witness who was sitting on her porch heard several gunshots and saw a man running with a gray sweatshirt on. She also identified the defendant in a lineup, the gray sweatshirt, and wrote down the license plate of the van he got into. Continue reading