Sociable

Thursday, November 05, 2009

Standing up for the wrongfully convicted in Illinois

The Center on Wrongful Convictions at the Northwestern University School of Law as won freedom for nearly three dozen innocent people and in that difficult process, changed how people view the criminal justice system and the death penalty. Just think about it. Almost three dozen innocent people, ripped away from their home, family, place of employment and community. Branded by a court of competent jurisdiction as a "murderer", "rapist", "child molester" and a host of other "branding names". In the eleven (1998) years the Center on Wrongful Convictions has been in existence, this group of dedicated professors and students has played a leading role, winning exonerations of nineteen people in Illinois. Those included in this group are thirteen inmates who were sentenced to death for their alleged crimes. 

Among the high profile cases are: Gary Dotson of South Suburban Country Club Hills, Illinois. Dotson was convicted of rape and sentenced to the IDOC by the Circuit Court of Cook County, Illinois for six years. He appealed and won a reversal and his case was the first one to be based upon DNA evidence, to which he was exonerated and finally had his name cleared. His accuser, Cathleen Crowell-Webb recanted her testimony, and since then, has passed way from cancer. 

Rolando Cruz was convicted (in two separate trials) in the 18th Judicial Circuit Court of Du Page County, Illinois for the 1983 abduction, rape and murder of then, ten-year-old Jeanine Nicarico. Jeanine was home alone, sick with the flu when a madman broke into the family home, kidnapped her, raped, murdered her, and dumped her little body on a rural trail. Cruz and his co-defendant where framed, railroaded by certain Du Page County Sheriff deputies and other law enforcement officials. The prosecutor at the time was Jim Ryan, who went on to become the Illinois Attorney General. Ryan passed the gavel to current State's Attorney, Joseph E. Birkett. Cruz and his co-defendant were twice convicted and twice sentenced to death (sat on Death Row for 10 years) for a crime they did not commit. The real killer who confessed to the Nicarico murder is Brian J. Dugan. 

Tabitha Pollock was convicted of murder of her three-year-old daughter. Pollock had been sleeping when her boyfriend killed her daughter. Pollock's murder conviction was overturned in 2002, was based on the idea that she should have known the boyfriend was abusing the toddler and that Tabitha posed a danger and threat to the toddler's life. Pollock was imprisoned for six years before she was released.  

Anthony Porter, wrongfully convicted of capital murder, came within fifty hours of his scheduled execution before he won a reprieve. Then, Northwestern journalism professor, Mr. David Protess and his students, a private investigator, unraveled the case and even obtained a confession from the real killer. This case was the cornerstone that former Illinois Governor George Ryan took into consideration when he imposed a Moratorium on executions in Illinois. That moratorium still stands today. 


Marlon Pendleton was convicted in 1992 of aggravated rape, sexual assault. Pendleton spent twelve years of his life in the IDOC before DNA testing proved he was not the assailant. Marlon was released in 2006.

Michael Cardamone was convicted in 2005 of sexually abusing students at his family run gym. Apparently, the girls got together and made up awful stories about how their gym instructor was putting his hands under their leotards and doing all sorts of sexual, perverted things to them in the middle of a crowded gym with other adults and parents milling about. Cardamone was sentenced to 15 years by the 18th Judicial Circuit Court of Du Page County, Illinois. His family retained the services of Kathleen Zellner, Esq. Attorney Zellner filed an Appeal with the Illinois Appellate Court. Last year (2008) Cardamone was released and granted a new trial. The conviction was overturned by the Appellate Court for numerous errors committed by the trial court judge. That judge was Michael J. Burke, who is now an Appellate Court Justice. Politics? Sure, you bet. 



Until the criminal justice system rids itself of politically drive prosecutors who use their office to advance themselves through politics, stop using parameters such as the color of a person's skin, their economic background, the value of the home they live in, the death penalty should be off the table all together. 

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