Tuesday, April 11, 2017

Roberto Almodovar: William Negron; Illinois; White Elephant Case? Judge hears arguments in murder case linked to controversial ex-detective..."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."



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. Think Michael West;   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;

-------------------------------------------

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/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;