Las Vegas Sun

February 11, 2012

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Sun editorial:

An innocent man?

Prosecutors wrongly focus on pursuing journalists, not justice, in Illinois case

Friday, Nov. 27, 2009 | 2:05 a.m.

For the past decade, the Innocence Project at Northwestern University’s Medill School of Journalism has been investigating criminal cases in which there is an allegation of a wrongful conviction. Undergraduate journalism students report on cases, typically involving murder, and what they have turned up has been impressive — 11 men have been released from prison because of their work. When Illinois put a moratorium on the death penalty, the Innocence Project’s work was cited.

Now, the Innocence Project says it is being wrongly accused. This month, Cook County, Ill., prosecutors asked a judge to force Northwestern to turn over students’ notes, grades and e-mail involving the Innocence Project’s reporting on the case of Anthony McKinney, who is serving a life sentence in a 1978 murder.

Student journalists spent three years reporting on McKinney’s case and have found significant evidence that points to his innocence. Attorneys at Northwestern’s law school have since asked a court to free McKinney, and that has raised the ire of prosecutors.

The students made the police and prosecutors look bad. In interviews with students, two key eyewitnesses who said they saw McKinney commit murder now say they were beaten by police until they agreed to implicate McKinney. Other people either confirmed McKinney’s alibi or named other people as the killer. The students found other significant evidence that points to McKinney’s innocence.

Instead of investigating that evidence on their own, prosecutors want to harass the students who worked on the case and their professor, David Protess, who is the head of the Innocence Project. Prosecutors say they think the students “bought” a witness’ testimony in an effort to get better grades, an allegation that would be damning to a journalist’s career. How did the students allegedly “buy” the testimony? They paid for his cab fare after interviewing him, and they have the receipt to prove it.

Protess called prosecutors’ allegations a “smear,” which is being polite. Prosecutors are attempting to shift the attention from the real issue — whether an innocent man is in jail. That is deplorable. Prosecutors are supposed to seek justice, and they should do that instead of trying to bully young journalists.

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