Tuesday, June 5, 2018

William Amor: Illinois; White Elephant case? Coerced confession case? Flawed arson 'science' case? "Man files lawsuit saying Naperville cops framed him in fatal fire for which he spent decades behind bars," the Chicago Tribune reports. (Reporter Clifford Ward)..."The complaint alleges police entered into a conspiracy to pin the crime on Amor. The suit was filed against the city of Naperville, four members of the police force at the time of the investigation and the estate of a deceased officer. “The centerpiece of the conspiracy was (Amor’s) purported ‘confession,’ a statement which (police) coerced from (Amor) with physical force, mental coercion, lies and improperly suggestive interrogation techniques,” Amor’s attorney, Kathleen Zellner, said in the complaint."..."Amor’s attorneys from the Illinois Innocence Project argued at trial that there was no evidence of arson and that the most likely cause of the fire was careless smoking; Amor and his wife, who had left the condo about 20 minutes before the fire was reported, and Marianne Miceli all were heavy smokers. The Innocence Project also argued that Amor had been coerced into implicating himself by police, who served him with divorce papers during the interrogation during which he confessed. The federal suit alleges police “reached an agreement among themselves to frame” Amor for the starting the fire."


PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of  scientific research showing how vulnerable suspects   are to widely used interrogation methods  such as  the notorious ‘Reid Technique.’
Harold Levy: Publisher; The Charles Smith Blog.
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Image result for "white elephant"

In the years since I started publishing this Blog I have become increasingly disturbed by the 'white elephant' in the room: Sheer, unadulterated, willful   misconduct in the criminal justice system - much  of it involving forensic evidence - committed by lab technicians,  pathologists, police officers, prosecutors and others.  Think Annie Dookhan; Think Sonia Farak; Think David Kofoed; Think Charles Smith; Think Ken Anderson; Think Gene Morrison.  I have therefore decided to run this image of a white elephant at the top of every applicable post henceforth, to draw our reader's attention to   what I see as a major problem in all too many criminal justice system's - my own included.  Harold Levy; Publisher: The Charles Smith Blog;
"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; http://www.t-mlaw.com/blog/post/the-elephant-in-the-crime-lab/

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PASSAGE OF THE DAY: "Zellner is also representing Amor in his attempt to be issued a certificate of innocence from the state court system, which would expunge his record and entitle him to collect a monetary settlement of about $200,000 from the Illinois Court of Claims for wrongful imprisonment. Zellner said Tuesday that she would be seeking a multimillion-dollar award in the federal action, which asserts that Amor’s due process rights were violated by Naperville police officers."

STORY: "Man files lawsuit saying Naperville cops framed him in fatal fire for which he spent decades behind bars," by reporter Clifford Ward, published by The Naperville Sun News, on May 26, 2018.





GIST: "A man who was convicted of murdering his mother-in-law in 1995 and then acquitted in a retrial after spending two decades in prison has filed a federal civil rights suit alleging Naperville police framed him for the crime. William Amor, 62, who was imprisoned for the 1995 fire-related death of Marianne Miceli of Naperville and acquitted in February, filed the suit last month in the Chicago branch of U.S. District Court. The suit alleges police officers coerced Amor’s confession that he intentionally started the fire in the Naperville condo where he and his wife, Tina Miceli, lived with her mother. The complaint alleges police entered into a conspiracy to pin the crime on Amor. The suit was filed against the city of Naperville, four members of the police force at the time of the investigation and the estate of a deceased officer. “The centerpiece of the conspiracy was (Amor’s) purported ‘confession,’ a statement which (police) coerced from (Amor) with physical force, mental coercion, lies and improperly suggestive interrogation techniques,” Amor’s attorney, Kathleen Zellner, said in the complaint."The city is aware of the lawsuit, and the city is prepared to defend the lawsuit," Naperville City Attorney Mike DiSanto said Wednesday. The persons being sued no longer are associated with the Naperville Police Department, a city spokeswoman said. Two of them, Robert Guerrieri and Jon Ripsky, declined to comment. Attempts to reach two others, Michael Cross and Brian Cunningham, were unsuccessful. The deceased person whose estate is being sued is Mark Carlson. A private attorney listed in court records as representing the officers did not return a call seeking comment. Zellner is also representing Amor in his attempt to be issued a certificate of innocence from the state court system, which would expunge his record and entitle him to collect a monetary settlement of about $200,000 from the Illinois Court of Claims for wrongful imprisonment. Zellner said Tuesday that she would be seeking a multimillion-dollar award in the federal action, which asserts that Amor’s due process rights were violated by Naperville police officers. Marianne Miceli, 40, died in September 1995 when a smoky fire broke out in her condo. Amor was charged about three weeks later, after he confessed to starting the fire with a lit cigarette and a vodka-soaked newspaper. A jury convicted him of murder in 1997 and Amor was sentenced to 45 years in prison. But his conviction was vacated in 2017, following a DuPage County court hearing in which fire experts testified it was impossible to start a fire as Amor described. Judge Liam Brennan, calling the confession the linchpin of the guilty verdict, set aside the verdict. Prosecutors, arguing that there was still evidence that Amor started the fire for insurance reasons, retried him for murder earlier this year. But after hearing the evidence at the retrial, Brennan described the state’s case as “fatally compromised,” and acquitted Amor, who had been incarcerated 22 years. Amor’s attorneys from the Illinois Innocence Project argued at trial that there was no evidence of arson and that the most likely cause of the fire was careless smoking; Amor and his wife, who had left the condo about 20 minutes before the fire was reported, and Marianne Miceli all were heavy smokers. The Innocence Project also argued that Amor had been coerced into implicating himself by police, who served him with divorce papers during the interrogation during which he confessed. The federal suit alleges police “reached an agreement among themselves to frame” Amor for the starting the fire."



The entire story can be found at:
 http://www.chicagotribune.com/suburbs/naperville-sun/news/ct-met-naperville-amor-federal-lawsuit-20180523-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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.