Saturday, April 13, 2024

Chester Weger: Illinois: (Starved Rock murder case): Bulletin: He will learn whether he can continue with his years-long DNA-based bid for exoneration on July 1, Shaw Local News (Reporter Tom Collins) reports…"Weger, 85, appeared Wednesday in La Salle County Circuit Court in hopes of continuing his exoneration bid – a successive post-conviction petition, in legal parlance. The special prosecutor argued that Weger’s bid should be dismissed. Weger, who served six decades in prison for one of the 1960 murders, wants another day in court. La Salle County Judge Michael C. Jansz will take several weeks to think it over – and couldn’t guarantee that he’d be done by the status hearing he scheduled. “I don’t want to leave any false impressions of how fast I can do this,” Jansz said."…Griffin said that at this stage of a successive post-conviction petition, Weger has to make a “substantial showing” of proof that he’s innocent, yet the evidence “doesn’t fit together,” and there are admissibility problems. Weger’s attorney Andy Hale disputed that characterization. He said the evidence presented “is incredibly consistent” in supporting their case that Weger is innocent. “We don’t have to solve the murder,” Hale said. “We don’t have to figure out who did it. We’re pretty darn close. It’s amazing what we’ve come up with. We just have to show Chester Weger is most likely innocent.”

BACKGROUND: Wikipedia: " On March 14 1960, three women, Frances Murphy (47), Mildred Lindquist (50), and Lillian Oetting (50), wives of...

Oral Nunis: California: Death in encounter with police: 'Excited Delerium: Major (Welcome) Development: A judge has banned "excited delerium" from the up-coming Chula Vista police misconduct trial, KPBS Public Media (Reporter Kori Suzuki) reports…"There’s been growing national backlash against law enforcement using the disproven medical diagnosis “excited delirium” to explain when someone dies in custody. Now, a federal judge in San Diego has banned the term in an upcoming police misconduct trial. The decision comes six months after California lawmakers banned the term from many official proceedings, making it illegal for police to include it in their reports and for coroners and medical examiners to use it as a cause of death. That was what happened in the case of Oral Nunis who died after Chula Vista police officers forced him against the ground in March 2020. The Medical Examiner’s office didn’t say definitively why Nunis died, but said “excited delirium” was the likely reason, according to a copy of the autopsy filed in court. The San Diego County District Attorney cleared the officers of any criminal responsibility. Those findings have drawn new scrutiny as leading medical organizations have disavowed the medical theory. Nunis’ family has sued the city of Chula Vista, accusing the officers of using unconstitutional deadly force and targeting Nunis because he was Black. And one month ago, an attorney for the family asked the judge in the case, Todd Robinson of the Southern District Court of California, to exclude any mentions of “excited delirium” from the approaching trial. Last week, Robinson granted that request."

QUOTE OF THE DAY: " To Gipson, the judge’s decision brings Nunis’ family one step closer to the truth of how their loved one died.  “Th...