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NEWS & LETTERS, January-February 2003

Illinois Death Row pardons highlight system of injustice

Ruth Pena was born and raised in Puerto Rico and immigrated to Chicago in 1975. She became active in the movement to free the wrongfully convicted when her brother, Angel Rodriguez, was framed by Chicago police in 1998 and sentenced to 60 years in prison. In 1999, she co-founded the Comité Exigimos Justicia (‘We Demand Justice’ Committee). Angel’s case was overturned in March 2000. Ruth has continued to struggle on behalf of the wrongfully convicted. She was interviewed by Jason Wallach for NEWS & LETTERS.

--EDITOR


Comité Exigimos Justicia (CEJ) began in April of 1999 with three family members of people who had been wrongfully convicted. At the time, we thought it was just coincidence that there were three people that had been wrongfully convicted, but as we began to look at the cases, we saw that it was a systemic problem. And that was further documented when we learned that in the three cases it was the same detective, same tactics.

What is amazing is that all these people have been convicted when, for each, no physical evidence linking the accused to the crime was ever produced; just the testimony of the detective who claims that investigators get their information through an informant or a phantom call, and eventually someone comes forth with "eyewitness" testimony. Documentation has proven that eyewitness testimony is unreliable, especially in violent crimes.

Governor Ryan's pardon of four wrongfully convicted men [Aaron Patterson, Madison Hobley, Leroy Orange and Stanley Howard] and commuting the sentences of 167 people on Death Row mean that people have realized that the system is broken. Not only has he commuted the sentences, but he has pretty much attacked the entire judicial system in Chicago. Four people were pardoned. Three people were given 40 years and the rest were commuted to life in prison. I think that it opened the doors for a lot of people because the community is outraged that it is not just one case, but that we have a systemic problem.

We worked with other organizations in influencing Ryan's decision. One organization alone may set up a strategy, but it takes a lot of different people to make these wrongful convictions known. There's a lot of solidarity.

We played a big role in getting the Mexican consulate involved in the cases of the Mexican nationals. Two of them were involved in cases investigated by Detective Guevara. Mario Flores [one of the Death Row inmates whose sentence was commuted to 40 years--ed.] was not aware that Guevara was involved in other cases until CEJ contacted him. He, in turn, contacted his attorney Leonard Goodman who researched Guevara. He documented that Guevara is a rogue cop who does whatever is needed to close a case--and in the process has been promoted several times. Many cases have been reversed, revealing Guevara’s games.

If the prosecutors that fabricate or hide evidence in order to get a conviction are not held accountable, then there is nothing that is going to stop them. The same thing with the detectives. Nothing will ever stop until their jobs are on the line. Right now, we don’t have people on Death Row. And nothing has changed except that the people who were on Death Row are no longer there. The system itself has not changed.

The movement in support of the wrongfully convicted needs to strategize now to see that something is done to hold [prosecutors and detectives] accountable--that there is some legislation. This is a great time to work at it because people have a lot of energy. It has given a lot of hope for the people who thought that there was no hope. The fight hasn’t started. It is just a little crack open so that we can continue the struggle.

Let’s not forget the prosecutors because a lot of times people shouldn’t be arrested, but once they are, the prosecutors come in and work with the detectives. In some of these cases, the accused doesn’t know how to speak English, and the interrogation will have no translator. Often the accused doesn’t know what he is signing. So it’s not just the cops. It’s also the prosecutors--they go hand in hand. Of course, there are judges involved, and there are prosecutors who end up getting promoted because of their conviction records. It is the system, the entire system.

You shouldn’t have to go through all this red tape to ask the governor to pardon you for something you didn’t do in the first place.

One of the people that we need to hold accountable is Mayor Richard Daley. He was the prosecutor on the Death Row [Ten] cases. He hid information that [former Area 2 Chief Detective Jon] Burge terrorized and tortured people. The prosecutor, the state's attorney’s office knew what was going on. They either looked the other way or cooperated. There’s no way that you can walk into a room where somebody’s just been tortured and not be able to tell that something happened.

[Current State's Attorney] Dick Devine was Daley's assistant. It has taken over ten years to document [what happened] and these people [in power] are putting holds on [the investigations]. How could you expect the truth to come out when the people who were responsible are now on top trying to quiet everything down? If these people are out of the way, we could open up a lot more cases. People need to organize. Write letters if you need to, but unite, organize and protest!

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