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"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009;
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PASSAGE OF THE DAY: "Is Rey Guevara dirty? Am I defending somebody like that?" The courtroom gallery erupted in shouts of "Yes!" and Stack's point was lost." (Referencing Assistant State's Attorney Celeste Stack);
STORY: "Judge hears arguments in murder case linked to controversial ex-detective," by reporter Megan Crepeau, published by The Chicago Tribune on April 11, 2107.
GIST: A Cook County judge on Monday heard nearly two and a half hours
of dramatic closing arguments in a case involving two men who say they
have wrongly been in prison since 1995 for a double murder they did not
commit. Roberto Almodovar, 41, and William Negron, 40, could find out as soon as next week whether they will be granted a new trial. "This case, in one word, is extraordinary," Russell Ainsworth, Negron's attorney, said to Judge James B. Linn. The
two men were charged after an investigation involving now-retired
Chicago police Detective Reynaldo Guevara, who has since been accused of
abusing and coercing witnesses on multiple occasions. Ainsworth and Jennifer Bonjean, who represents Almodovar, argued that Guevara's pattern of misconduct necessitates a new trial. "These
stories are lining up, and there's no evidence that anyone would have
the ability to just make it up," Bonjean said of the accusations against
Guevara. The initial case against Almodovar and Negron relied on
eyewitness testimony, obtained in part by Guevara, rather than physical
evidence. One witness has since recanted his testimony, saying he
never saw the gunmen but believed Guevara and another witness when they
said Almodovar and Negron were guilty. The other witness has stood by her
testimony. She also told another attorney that police showed her
photographs and said, 'these are the guys who did it,'" according to
Ainsworth. After the 1994 double murder, Guevara obtained photos
of recent arrestees and picked out Almodovar's, saying initially that it
matched a description given by one witness to the shooting, then
attributing it to another witness who denied giving Guevara that
description, Ainsworth said. "Detective Guevara solved the case by
just guessing," Ainsworth said. "If we asked Detective Guevara today,
he'd say, 'I refuse to answer.'" Guevara has repeatedly invoked
his Fifth Amendment right against self-incrimination when questioned
about the accusations against him. Assistant State's Attorney
Celeste Stack said none of the accusations against Guevara have been
proven and noted Guevara's experience working on the Northwest Side
through some of the most violent years in Chicago's recent history. His identification of Almodovar and Negron was due to experience, not guesswork, she said. "He's not a mystical man," Stack said. The witness who recanted his testimony did so under intense pressure from a gang leader, she said. "He'd been coerced and intimidated by the gang, not Rey Guevara," she said. The other allegations against Guevara, Stack said, fall apart after scrutiny. "When you delve into them, the stories don't hold up," she said. Stack
said her office had looked at the accusations closely. She wanted to
know, she said: "Is Rey Guevara dirty? Am I defending somebody like
that?" The courtroom gallery erupted in shouts of "Yes!" and Stack's point was lost. The judge called for quiet. State's
Attorney Kim Foxx so far has shown no indication that her office will
drop the charges against Almodovar and Negron, as her predecessor, Anita
Alvarez, did for two men last year whose convictions were linked to
Guevara. Foxx had said before taking office that her office would review cases connected with Guevara. No
weapon was recovered after the shooting, and no physical evidence links
Almodovar to the scene, according to an investigation ordered by the
city of Chicago. That investigation concluded that "it is more likely
than not that (Almodovar) is in fact innocent of the murders for which
he was convicted." A state appellate court ruled in 2015 that the
case deserved closer scrutiny, calling prosecutors' evidence "arguably
quite tenuous." That decision brought the case back to the
criminal court, where attorneys for the two men have been arguing for a
new trial ever since. Linn is expected to issue a ruling at the next hearing scheduled for April 20."
The entire story can be found at:
http://www.chicagotribune.com/news/local/breaking/ct-chicago-cop-alleged-wrongful-conviction-met-20170410-story.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
The entire story can be found at:
http://www.chicagotribune.com/news/local/breaking/ct-chicago-cop-alleged-wrongful-conviction-met-20170410-story.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
