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.

Discussion: 9 comments so far…

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By fosimmons

Nov. 27, 2009

6:30 a.m.

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Fellow Doers of Good (those who cast in favor of Obama) The ghost of Nysong lives, that jackass who prosecuted wrongly some members of the Duke Lacrosse team. His is now disbarred and clerking at the retail level to earn a living. Lets hope these prosecutors who are harrassing the Northwestern U. students and law professors working on Innocent Projects lose their law licenses. As our free press brings these jerks to national attention more and more of them will lose their jobs. The press has an obligation to keep on this trail. After all, this is not Iraq or Afghanistan, is it? Thank You.
By KillerB

Nov. 27, 2009

7:24 a.m.

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How true it is -- "no good deed goes unpunished."

Salted throughout law one can find exemptions against what's known as "attorney work product" -- notes and theories backing up what ends up in court and on the record.

Prosecutors are off their leashes and are in dire need of being reined in. Unfortunately We the Herd won't pay attention and will instead bleat variations on "blame the illegals" and "off with their heads!"

fosimmons -- good point.

Sun, you did good here for a change.
By geezelouise

Nov. 27, 2009

7:36 a.m.

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KillerB,

Good post. I agree that prosecutors are off their leashes.

I would love to see UNLV's journalism students do some of the same things and Northwestern, but I would fear for their safety since we seem to have a similar problem with some of Metro.

Off their leash, gosh that's a great line. Wish I'd thought of it.
By mred

Nov. 27, 2009

8:25 a.m.

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guess we need something like that here, to monitor Metro
By homer

Nov. 27, 2009

12:18 p.m.

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fosimmions You are an idiot. The Inocense Project has been around longer than Obama and I might add the prosecutor in the Duke case was a Republican. As a matter of fact The Obama administration will seek the truth while the Bush adminsitrationwas known for lies,cover ups , corruption at every level. Do some research and think before you make a fool of yourself my Bush Cheney lackey.
By KillerB

Nov. 28, 2009

9:51 a.m.

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geezelouise -- thanx.

All prosecutors are required to take oaths along the lines of supporting and defending the federal and state Constitutions. Without authority from the written Constitutions they have no power. Yet the People for the most part refuse to hold them accountable to those oaths. If you're here much you've seen the hostility the common herd has to virtually any mention of Constitutions.

homer -- what does the Duke prosecutor's party have to do with anything? And Phargo's right -- you're a bit too free with name-calling to be taken seriously here. Good point about the INNOCENCE Project, though.
By rpsimonds

Nov. 28, 2009

4:52 p.m.

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Good Post.

What is even more interesting about this story is the police misconduct involved in the original prosecution. More details are available in my blog post at http://poltroonwatch.com/?p=208.
By KillerB

Nov. 29, 2009

3:53 p.m.

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rpsimonds -- good blog. Unfortunately the attitude of prosecutors and cops everywhere doesn't seem to change. Those students did the government's job and exposed the corruption and government is punishing them for it. From personal experience I can tell you that is entirely typical. Most definitely no good deed goes unpunished. Citizens are being shut out of government more and more.

It's been said that government is only "organized justice." Along with the kinds of outs Radley Balko has been publishing, this is further proof our faith in institutions is misplaced.