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    Ill. high court ruling offers new hope to inmates

    CHICAGO (AP) — An Illinois Supreme Court ruling that gave one inmate new hope for freedom Thursday also could revive appeals by more than a dozen others who claim they confessed to crimes under torture by Chicago police officers, defense attorneys said.

    Justices ruled Stanley Wrice can continue seeking a new hearing on evidence that officers beat him with a flashlight and rubber hose until he confessed to a brutal rape. Prosecutors contend they had proof to convict him of the 1982 crime, even without the confession.

    Wrice, 57, is serving a 100-year sentence for a crime he insists he didn't commit. He's among dozens of men — almost all of them black — who have claimed since the 1970s that former Chicago police Lt. Jon Burge and his officers used torture to secure confessions in crimes ranging from armed robbery to murder. Allegations persisted until the 1990s at police stations on the city's South and West sides.

    While several of the incarcerated men with torture claims have been released, Wrice's case could have far-reaching impact on how Illinois deals with such cases in the future. Defense attorneys say the decision in the Wrice case adds new momentum to their efforts to have their client's convictions thrown out.

    The court didn't order new evidentiary hearings for the men as attorneys had sought in an amicus brief. But defense attorney Locke Bowman, who represents other men with torture claims, said the "opinion points the way forward for the other Burge victims."

    Allegations of abuse and torture have plagued the police department in the nation's third-largest city for decades and were a factor in former Gov. George Ryan's decision to institute a moratorium on the death penalty in 2000. Gov. Pat Quinn abolished the death penalty in Illinois last year.

    An appeals court had sided with Wrice, ruling that he should be granted a new hearing on his claim that Burge's officers used a flashlight and rubber hose to beat him in the face and groin.

    The high court ruled that the appeals court skipped a procedural step in granting the evidentiary hearing but that the trial court was also wrong not to allow his post-conviction case to proceed. The ruling paves the way for a new hearing and perhaps a new trial.

    Andrew Levine, special assistant prosecutor, said his office is still reviewing its legal options — including asking the U.S. Supreme Court to hear the case.

    "That's definitely one of the options," he said.

    Prosecutors haven't disputed that Wrice was tortured but say they had enough evidence of his guilt to convict him even without the allegedly coerced confession, including testimony from two witnesses and the fact that an iron used in the attack was found in Wrice's bedroom, as were the victim's clothes.

    In asking the high court to reverse the appellate court's ruling, prosecutors argued that the confession was the legal equivalent of "harmless error."

    Justices strongly disagreed.

    "Use of a defendant's physically coerced confession as substantive evidence of his guilt is never harmless error," the opinion by Justice Mary Jane Theis reads. Five other justices concurred, while a seventh justice didn't participate in the case.

    That the court spelled out its position on the issue of harmless error not once but twice in the opinion "is an indication of how very clear they wanted to be about this principle, which is important not just in legal terms but in moral terms," Bowman said.

    Many of the men have been claiming since their arrests decades ago that police abused them, but judges and juries never believed them, preferring to accept the word of officers. That changed after Burge was convicted in 2010 for lying in a civil suit when he said he'd never witnessed or participated in the torture of suspects. Burge is serving a 4 1/2-year sentence in federal prison for perjury and obstruction of justice.

    Defense attorney Stan Willis, whose client Keith Walker has Burge-related torture claims, said the ruling helps ensure that Walker and others like him have a chance to get trials without confessions tainted by torture.

    "Our position has always been even if they were guilty ... the fact that they were tortured was a substantial violation of due process and should never, ever be allowed to stand," Willis said.

    Wrice's defense attorney Heidi Lambros said she was thrilled with Thursday's decision, saying "we got everything that we asked for."

    Wrice's daughter, Gail Scott, called the ruling "a dream" and said she couldn't stop crying Thursday because she was so happy. Scott, 30, met her father for the first time in October when she visited him at Pontiac Correctional Center.

    Optimistic about the outcome of the case, Scott has already written to ask Wrice to walk her down the aisle at her wedding in August.

    ___

    Karen Hawkins can be followed at www.twitter.com/khawkinsAP

     

    23 comments

    • john q. public  •  Manila, Philippines  •  3 mths ago
      Do not forget the victim clothes were in his bedroom and he was in possesion of the murder weapon. So unless he can explain away that stuff he would appear to be guilty.
      • Joseph Eagles 3 mths ago
        These minor details aren't concerning for bleeding heart libs who have never been crime victims themselves. Most of them are not rational thinking until they've been assaulted or raped and then they aquire that sudden epiphany.
      • john q. public 3 mths ago
        True very true these liberals are the same fools that call themselves our leaders!!
      • stumblin' buffalo 3 mths ago
        Hey Joseph A^%$h3le - I am one of those "bleeding heart liberals" you so easily dismiss. And I have lost two close family members to homicide, not that it is any of your business. How dare you characterize me in such misinformed and self-righteous ways. My very extensive experience of the criminal justice system, as victim survivor, makes clear to me how very imperfect and unjust the system is - TO BOTH THE VICTIM AND THE ACCUSED. Rather than spew mindless, ignorant cant, why not give the matter some thought, some research, some serious contemplation. Then maybe we can try to find a way forward, as a society, that does pander to those who assume that all who are accused are guilty?
    • Don  •  Mission, Kansas  •  3 mths ago
      Oh brother, the murder weapon and the victims clothing was found in his bed room.This is pretty incriminating if you ask me. This is so stupid! But I'm going to tell you the way a criminal thinks. In the criminals mind they are the victim even though they have just done something very heinous. They never accept responsibility for their own actions and its always somebody else's fault sometimes even the victims fault. But as a police officer I'm also going to say that Illinois and Wisconsin have some of the most corrupt departments in this nation.
      • Joseph Eagles 3 mths ago
        Ask any of their mothers and........My boy is a good boy.......my baby never hurt nuffins...
      • David Muncey 3 mths ago
        how do we know it was not planted, do we trust the police?
    • Stephen  •  New York, New York  •  3 mths ago
      The bottom line is... the more we look into the criminal justice system, the worst it looks. And the crazy part is that people still take police officers word as truth, always giving them the benefit of the doubt, w/o judging their statements with reason and common sense.
    • T  •  3 mths ago
      Wrice's might be guilty but Burge and his officers shouldn't have used violence to commit to a confession. Unfortunately "forced brutality" is justice gone very wrong no more "Innocent until proven Guilty" now you're just "Guilty" in these "to serve and protect" officers.
    • Jonathan  •  3 mths ago
      Glad to see some of this stuff come to light, years too short but at least it's becoming known!
    • Trevor B  •  Cleveland, Ohio  •  3 mths ago
      My son was beaten by the police a number of times here in Cleveland, Ohio. He was arrested for drug possession a number of times, so I think, he think that it is ok, and did not file any charges against any of the police officers at any time. The last time he was arrested for drug possession the white policeman slam his foot into his neck, he went to jail with body pain. He never say anything to his family until months later. Now in jail they charge him with rape, I think to keep him off the street. This rape was done seven years ago. My son do not have an alibi or whiteness to his whereabouts seven years ago, so he was convicted of rape. My son went to prison some years ago, he gave up his DNA, yet the computer never match him for this rape. But while in jail on his last arrest the cop took his dna without his lawyer consent, so we think it was use to frame him. In his trial the white cops they all testified as if the crime happen a few days earlier, and not seven years before, while the black cops they could hardly remember the case. The victim did not know my son and the white cops took my son photos to her and tell her that my son is the one who raped her. The jury throw some charges out that would have given him some seventy years in prison. His lawyer could not argue the dna, but there was no gun shown to the jury, so the jury throw the gun possession out and that would have given my son three and a half years in prison. The Judge throw the jury verdict out and or add to it to give my son sixteen years in prison. I have a feeling his civil rights have be tampered with because he is black and son of islander. It is hard for me to believe he is a rapist, a drug dealer yes, because he drop out of school to let people turn him into one. He serve his time for all his drug dealing, but framing him for a crime he did not commit I will stand by him. I am not proud of his long criminal record but the law in Cleveland is very shady for black criminals. From cops who beat their suspects to judges who will not accept a jury verdicts but change or add their own. In my son case why have a trial.
    • Dataman  •  3 mths ago
      This is why "torture" is never a useful tool. 1) People will admit to anything to make it stop, and 2) the confession gets thrown out and the method of obtaining it taints the whole procedure, 3) once it is established that torture is a routine practice of the police, ALL confessions become tainted.
    • Bob Bowman  •  New York, New York  •  3 mths ago
      Maybe burge should be questioned using a flashlight and rubber hose.
    • Milton  •  Knoxville, Iowa  •  3 mths ago
      i think our justice systems work to a point. the real issue here is that the public has blinders on to what really happens. we the society find it easier to look the otherway then to actually get involved in our legal systems. that is until it happens to you. we can all sit on the sidelines and point fingers but truthfully the only ones that we have to blame is ourselves. i say this because we dont get invloved in knowing what it is that we vote for anymore we tend to go with the flow because this or that person is from the same party, i cant say as to which this person was guilty or not i wasnt there however, the problem isnt just the wrongful confessions but the lack of rehabilitation in the systems. there just has to be an equal ground here.
      • stumblin' buffalo 3 mths ago
        Milton - While much of what you say makes a lot of sense to me, I would still point out that a justice system that works "to a point" is,by definition, not a system of justice.
    • Bigboss  •  Hallandale, Florida  •  3 mths ago
      If confession was not needed since you claim he was guilty already, and you also said confession was "harmless error", then why did you need him to confess in the first place? Obviously the confession played the role in getting him guilty if your evidence was not enough. This article just isn't adding up on some parts.
    • Gypsy  •  3 mths ago
      Sounds like a local case where a person confessed to a crime he did commit
      but the arresting officers added a lot of stuff to his statement that he did NOT do.
      He went up on charges from the lies and was sentenced to 60 years. The newspapers
      reported the lies and blew up everything to sell papers. When the reporter was in the
      courtroom for the feds and heard that he did not do many of what he was accused of
      and that he cooperated from the first, that did not make the papers, instead they still
      reported on stuff he didn't do. Gotta love the system. The arresting officer also lied in
      court and when caught he said "my bad" and nothing was done.
    • Scott A  •  Kansas City, Missouri  •  3 mths ago
      makes you wonder if Richard Bruno Hauptman really did kill the lindburg baby he was corced to write etc they way the cops wanted and the DA pushing for a conviction but what if the forensics was available then also the jury being exposed to the radio media and the anti german sentiment
    • David Muncey  •  Elmhurst, Illinois  •  3 mths ago
      those who serve the light can not use dark tools
    • Mushroom  •  3 mths ago
      The more we dig into police practice. The more we see and smell a cesspool of abuse of power. Men are still being released from jail because of DNA. In some cases, the prosecutors have said instead that the DNA doesn't show they didn't participate in the crime. Denying defense access to important files, lying that files don't exist, and a host of other prosecutorial misconduct is not making the situation any easier to accept.
      The police have broad powers. The DA has wide latitude in use of discretion to prosecute cases.
      They must have a very bright light brought down on their actions. If they are committing a criminal act in how they go about their duties, they should be charged and serve the same sentence as the worst in time and location of prison that their sentences were caused by misconduct. This should include the death penalty. They stole someones life and made them wait to die. They should do the full bit.
    • Hal  •  Houston, Texas  •  3 mths ago
      What sort of pinko country is America becoming. Cops can't even beat a confession out of someone anymore. Next thing you know, things like the FBI's murder at Ruby Ridge will get outlawed.
    • DavidF  •  Marquette, Michigan  •  3 mths ago
      He's a rapist,and they never proved he was abused, the prosecution just never bothered to deny it. Fine, he gets a new trial without the confession,but with all the evidence outside of it,then he's convicted again and should get a new life sentence starting over at day 1. He deserves to be allowed out and to attend his daughters wedding the day his victim is unraped..
      • stumblin' buffalo 3 mths ago
        David - How is it you know, so indisputably, the truth? You strike me as the sort of guy who would sit on a knee-jerk jury that sends a human being to death row, only to find, years later, that DNA disproves the conviction, at which point you excuse you moral lapse as an instance in which "it was obvious" the guy was guilty at the time. Bottom line is, if you believe in the Constitution, you must embrace the principle of innocent til PROVEN guilty. Leave your arm-chair hunches out of serious discussions. And for goodness sake, recuse yourself from jury duty if you ever get called up. The system has enough problems without self-righteous idiots who "know" guilt or innocence when they "see" it in a brief media report.
    • Alice  •  3 mths ago
      What's more criminal--releasing the criminal or keeping himwhere he belongs?
    • Jorge  •  Chicago, Illinois  •  3 mths ago
      Unfortunately the unlawful methods this officer employed has these unwanted consequences, but the rule of law must be respected, as well as taking measures so this does not happen in the future.
    • sharyn  •  Mountain Home, Arkansas  •  3 mths ago
      And how many men have been imprisoned and then found innocent after spending over 20 years in prison..............over 20 that I know of. Also 2 electrocuted that were innocent. I am not saying this man is innocent, but you don't beat a confession out of anyone. Also, do you think he would keep the weapon and clothing in his room? Someone could have set him up, like the killer maybe? I don't know I don't have the whole story and neither does anyone else who is posting here.
    • Michael  •  Atlanta, Georgia  •  3 mths ago
      "Our position has always been even if they were guilty ... the fact that they were tortured was a substantial violation of due process and should never, ever be allowed to stand,"
      Willis said. -- Any kind of physical torture is wrong, but if they are guilty, then they should stay in jail. Each case should be reviewed individually. We need justice, not social justice.
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