Illinois: DNA Evidence Exonerates One Man, Implicates Another
On September 28, 2016, the Cook County State’s Attorney’s Office announced charges against convicted murderer Osborne Wade, 42, in connection with the brutal sexual assault and murder of a child in 1992. The charges followed an extensive investigation by the State’s Attorney’s Conviction Integrity Unit, which revealed that Mark Maxson, now 55, had been wrongfully convicted for the crime in 1994.
As a result, the charges against Maxson were dismissed and he was released after serving approximately 22 years of a life sentence. Elliot Zinger, one of Maxson’s attorneys, said they will seek a certificate of innocence to have his conviction expunged, which would entitle him to up to $200,000 in compensation from the state. Zinger has also filed a lawsuit on Maxson’s behalf against the Chicago police detectives who allegedly coerced, beat and threatened his client into providing an unsigned confession.
Cook County prosecutors announced that DNA evidence from six-year-old Lindsey Murdock, Jr.’s clothing was a match to Wade, who subsequently confessed to the crime and wrote letters of apology to Murdock’s family.
Judge James Brown called the case the worst he’d seen in 14 years on the bench.
“I’m left with a case where an individual sat in a cage for 22 years on a confession only,” Brown said. “I’m not going to allow that to happen in this case.... That is a tragedy.” He ordered Wade held without bond, finding him to be a “tremendous danger to the community.”
“I’m just disappointed with this whole thing.... It makes me doubt the whole criminal justice system,” said the slain boy’s father, Lindsey Murdock, Sr.
Maxson was the 15th wrongfully convicted person to be exonerated by Cook County’s Conviction Integrity Unit.
Sources: www.statesattorney.org, www.chicagotribune.com
More from this issue:
- Culture of Abuse and Corruption Plagues Jail in Denver, Colorado, by Lonnie Burton
- Texas: Complaint Filed Over Contaminated Water, Conditions at Eastham Unit , by Panagioti Tsolkas
- Michigan: Contract for Prisoner Legal Writer Program Results in Controversy
- Rundown on California Propositions 57 and 64, by Kent A. Russell
- Illinois: DNA Evidence Exonerates One Man, Implicates Another
- Imprisoned Author Denied Access to His Own Published Writing
- Seventh Circuit Tells Wisconsin Probationer with Gender Dysphoria how to Proceed, by Matthew Clarke
- Georgia Prison Guards Face Sexual Assault Charges
- Judge Rips DOJ Lawyers for “Series of Misrepresentations,” Orders Ethics Training, by Derek Gilna
- Krome Detention Center has Long History of Detainee Abuse, by David Reutter
- $28.1 Million Jury Award after Eighth Circuit Allows Conspiracy Claims in Nebraska Wrongful Conviction Suit, by Matthew Clarke
- New York: Nearly $10 Million in Settlements Over Denial of Medical Care at Rikers Island
- Michigan’s Wayne County Jails Plagued with Inhumane Conditions
- Michigan: Corizon Audit Finds Deficiencies, State Extends and Expands Contract Anyway
- Model Mental Health Care Diversion System Started by Miami Judge, by David Reutter
- Nebraska: Portions of Lawsuit over Guard’s Sexual Assault Allowed to Proceed
- BOP Prisoner’s FTCA Wage Suit States Cause of Action
- Three California Jail Guards Charged with Murdering One Prisoner, Assaulting Another, by Christopher Zoukis
- Constitutional Amendment Ensures Executions will Continue in Oklahoma , by Christopher Zoukis
- Two Fulton County Jail Employees Subject to Liability in Detainee’s Suicide
- FCI Danbury Prisoners Finally Transferred to New Women’s Facility
- Increased Access to Higher Education Programs for California Prisoners, by Christopher Zoukis
- Deaths Due to Neglect in U.S. Jails Reflect Nation’s Values , by David Reutter
- Mississippi: Hinds County Jails in Crisis, Face Mandated Reforms, by David Reutter
- New York DA Supervisor Engages in Kinky Fetishes, Wife Claims, by Derek Gilna
- Report Finds Charging Criminal Justice Fees Perpetuates Mass Incarceration, by Matthew Clarke
- Hawaii Warden Subjected Female Prisoners to “Shame Therapy”
- Correctional Medical Care Pays $425,000 Settlement in Prisoner’s Opiate Withdrawal Death
- Securus Phone Rates Spark Uprising at Alaska Prison , by Joe Watson
- Georgia’s Supreme Court Rules on Private Probation Services
- State University of New York “Bans the Box” on Student Applications
- Dear Librarian: Filling the Information Gap for Prisoners with No Internet Access , by Christopher Zoukis
- Jail Official Convicted of Illegally Recording Phone Conversations Loses Appeal, by Christopher Zoukis
- Shackled South African Prisoner Beaten by GEO Guards Wins Lawsuit, by Derek Gilna
- Recurring Injury Subsequent to Lawsuit Settlement No Bar to New Claim
- Ninth Circuit Vacates Generalized Order to Shackle Pretrial Defendants, En Banc Review Granted
- $325,002 Award to Michigan Prisoner Denied Medical Care for Joint Pain
- Second Circuit Expands Protections from Sexual Abuse by Prison Staff, by Derek Gilna
- Orleans Parish Jail Settles Prisoner Suicide Suit for $1.75 Million, by Derek Gilna
- Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA
- Child Support Relief Coming for Incarcerated Parents
- Tennessee Sheriff Indicted, Suspended and Jailed Over E-cig Business
- Michigan Jail Subject of Wrongful Death Lawsuit and PLN Censorship Suit
- New York Prison Scrutinized, Employees Charged Following High-profile Escape, by Derek Gilna
- ICE Deportations Peaked in FY 2012, Declined from 2013 to 2015, by Derek Gilna
- Continued Need for Prison and Criminal Justice Reforms
- CCA’s Rebranding May Violate Trademark Rights
- NTSB Faults Texas Prison Guard, Road Crews in Transport Bus Deaths, by Derek Gilna
- California County Settles Class-action Lawsuit Over Jail Medical and Mental Health Care, by Matthew Clarke
- PLN Goes Undercover to Bust CCA Employees’ Misuse of Prisoner Labor
- Too Little, Too Late: Prosecutor Remorseful for Sending Innocent Man to Death Row, by David Reutter
- “Natural Causes Killed Victor: A Death in Solitary,” a folk opera by George Swanson (DVD, 55 minutes), by Lance Tapley
- From the Editor, by Paul Wright
- News in Brief
More from these topics:
- How Union Contracts Shield Police Departments from DOJ Reforms, Jan. 13, 2017. Police Misconduct, Prison Reform, Police Searches, Police, False Arrest, Excessive Force (Police), Racial Profiling, Police Department Manuals.
- A push to make cops carry liability insurance in Minneapolis, Jan. 12, 2017. Police Misconduct, Racial Discrimination, Police Searches, Police, False Arrest, Excessive Force (Police), Racial Profiling, Police Department Manuals.
- Culture of Abuse and Corruption Plagues Jail in Denver, Colorado, Jan. 10, 2017. Misconduct/Corruption, Guard Misconduct, Police Misconduct, Jail Misconduct, Corrections Audits, Racial Discrimination, Retaliation for Filing Grievances, Retaliatory Segregation, Failure to Treat, Drug Overdose, Retaliatory Discipline, Interpreters (Disciplinary Hearings), Prison/Jail Murders, Failure to Protect (General), Staffing, Jail Specific, Guard Brutality/Beatings, Stun Guns/Tasers, Restraints, Witnesses, Wrongful Release, Overdetention, Interpreters, Failure to Train/Supervise, Failure to Protect (Wrongful Death), Control Units, Failure to Treat (Mental Illness), Suicides, Guards/Staff, Failure to Protect (Staff), Staff Training, Racial Profiling.
- Illinois: DNA Evidence Exonerates One Man, Implicates Another, Jan. 10, 2017. Police Misconduct, Prosecutor/Attorney General Misconduct, DNA Testing/Samples, Wrongful Conviction, Wrongful Imprisonment.
- $28.1 Million Jury Award after Eighth Circuit Allows Conspiracy Claims in Nebraska Wrongful Conviction Suit, Jan. 10, 2017. Police Misconduct, Prosecutor/Attorney General Misconduct, Wrongful Conviction, Wrongful Imprisonment.
- Tennessee Sheriff Indicted, Suspended and Jailed Over E-cig Business, Jan. 10, 2017. Misconduct/Corruption, Guard Misconduct, Police Misconduct, Jail Misconduct, Failure to Protect (General), Jail Specific, Failure to Train/Supervise.
- Too Little, Too Late: Prosecutor Remorseful for Sending Innocent Man to Death Row, Jan. 10, 2017. Prosecutor/Attorney General Misconduct, Racial Discrimination, Prosecutors, Juries, Wrongful Conviction, Wrongful Imprisonment, Death Penalty/Death Row, Death Penalty, Death Row, Racial Profiling.
- Kansas Supreme Court Modifies “Exoneration Rule”, Jan. 3, 2017. Prosecutor/Attorney General Misconduct, Attorney Misconduct, Malpractice (Attorneys), Wrongful Conviction, Wrongful Imprisonment.
- Exonerated Ohio Prisoner’s Claim for Improperly Released Medical Record to Proceed, Jan. 3, 2017. Medical Records, Settlements, Wrongful Conviction, Wrongful Imprisonment, Bankruptcy, Privacy Act.
- Missouri County Settles Suit Over Jail Prisoner’s Suicide for $260,000, Dec. 8, 2016. Guard Misconduct, Police Misconduct, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.