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Saturday, October 31, 2009

Rolando Cruz: Injustice, Lies, Racism & Politics

Who is Rolando Cruz? He and two other innocent men were tried, convicted and sentenced to death (in two separate trials) for the 1983 abduction, rape and murder of a then, ten-year-old school girl from Naperville, Illinois. Her name is Jeanine Nicarico.

She (Jeanine) was left home alone with the flu when a madman broke into the family home, kidnapped, raped and murdered this innocent little girl. For many, the question lingers as to why a mother would leave her 10-year-old daughter home alone when she was sick and running a fever. Nowdays, the parents would have been charged with child endangerment and a DCFS investigation would have commenced.

Rolando Cruz and two other men were arrested and charged with capital murder, felony rape of a minor child, kidnapping and home invasion. Keep in mind there was no physical evidence linking the three young defendants to the crime scene at the time.

The State's Attorney, Jim Ryan (former Illinois Attorney General, and the batton was passed to current Du Page County State's Attorney, Joseph E. Birkett an off & on political candidate for higher public office) based his criminal case on fabricated evidence presented by certain Du Page County Sheriff Deputies and jail house chatter. The scent of racism was distinct.

Rolando was a loud-mouthed, street kid into gang banging at the time with no real future and had no use for the police. Many Hispanics are still very wary of law enforcement agencies for various reasons. However, to actively conspire, fabricate and railroad a defendant into a Death Penalty conviction is despicable.  This is just one reason why that very pretty girl and her beloved Mum will not support the death penalty. As long as the citizen continue to elect rabid, out-of-control District/State's Attorneys that use their office as a spring board for their rabid and twisted attitudes toward defendants especially persons of color, race, economic backgrounds and the value of your house. In other words, if you do not reside in a home that is worth over $300K, you're considered a disposable member of society. If you reside in public housing, well, you're a throwaway.

Attorneys representing Cruz appealed the conviction for capital murder and the death penalty to the Illinois Appellate Court. In the early 1990s the Illinois Appellate Court reversed and remanded the conviction and sentence whereas a Du Page County Judge dismissed the charges and conviction against Cruz and his co-defendant, Hernandez. The judge's decision was based upon DNA evidence that cleared all three defendants that sat on Death Row in the Illinois Department of Corrections for over a decade.

Writer Eric Zorn of the Chicago Tribune posted a column on 10/25/2009. I agree with some of his points, but disagree with his accolades to his colleague, Art Barnum.

Yes, Rolando Cruz liked to tell sensational stories and embellish. However, being a liar (which is unbecoming) doesn't make you a murderer. In July of 2009, the real killer, Brian Dugan, pled guilty to the murder of Jeanine Nicarico. Dugan is currently awaiting sentencing for the murder.

What is really sad is the fact that the Criminal Justice System starting with the Du Page County State's Attorney knew this, but continued on their mission to lie, fabricate and railroad three innocent men of capital murder.

The County of Du Page was sued by Rolando Cruz, et al, in the 1990s and had to pay out on a $3.5 million for violating Rolando's civil rights, etc. The taxpayers and citizens of Du Page County, Illinois were the people that footed the bill. The Roland Cruz story and travesty was profiled on an episode of American Justice on A&E cable channel.




1 comments:

Sarah said...

This is really scary. Like you I was all for the death penalty but no more. It is wrong and it does not seem to deter crime either.

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