Wednesday, April 12, 2017

Roberto Almodovar: Illinois; Major Development: - A sudden reversal - (White Elephant Case): He is to be freed - and all charges dropped. Buzzfeed News reports...(Melissa Segura is an investigative fellow for BuzzFeed News and is based in New York.)..." Five people swear Almodovar was with them at the time of the shooting. One of two surviving eyewitness claimed that Guevara, the lead detective, showed him pictures of Almodovar and Negron before the police lineup and then lied about it—a clear violation of police protocols. In written responses to questions in Almodovar’s quest for a new trial, Guevara asserted his Fifth Amendment rights against self-incrimination 159 times."..." In addition to Almodovar and Negron, there are 27 other people in prison who have alleged that Guevara framed them. Many of them have appeals pending."..."“This is a wakeup call that every victim of Det. Reynaldo Guevara should have a new hearing to determine their innocence,” said Negron’s attorney, Russell Ainsworth. “We’re thrilled that two innocent men are having their convictions reversed but the delay in justice has taken a toll.”




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;

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STORY:  "Roberto Almodovar: This Man Is Getting Out Of Prison After A BuzzFeed News Investigation," by reporter Melissa Segura, published by Buzzfeed News on April 12, 2017.

SUB-HEADING:  The Cook County State's Attorney's Office has announced that keeping Roberto Almodovar locked up is "no longer in the best interests of justice." He is one of 51 people who have accused a Chicago detective of framing them for murder. His story was featured in a BuzzFeed News Investigation published last week.


GIST: "The Cook County State’s Attorney’s office announced Wednesday that it would free a man who claims he was wrongfully framed for a 1994 double murder by retired Chicago Police Detective Reynaldo Guevara. The decision to release Roberto Almodovar, and drop all charges against him, comes eight days after a BuzzFeed News investigation into Almodovar’s case and the former detective who got him locked away for more than two decades. The investigation found that at least 51 people have accused Guevara of framing them for murder and that Chicago authorities had ample warnings about the long series of allegations against him. “Proceeding with this case is no longer in the best interests of justice,” State’s Attorney Kim Foxx said in a statement. Almodovar is expected to be freed Friday following a hearing before Judge James B. Linn, who was overseeing his request for a new trial. His co-defendant, William Negron, is awaiting a motion for resentencing in another, unrelated case. It is unclear when Negron will be released. Almodovar, a young father working long hours and attending night school when he was arrested, had no previous convictions. He was 20 when he was convicted, and is 41 now. His daughter Jasmyn, who was six months old at the time, is now 23. She has attended many of his hearings. “I’m pleased the State’s Attorney’s Office recognized that there’s an injustice that happened and took steps to rectify it,” Almodovar’s attorney, Jennifer Bonjean said. Almodovar and Negron have each served 23 years for murder in the 1994 shooting deaths of two teens, Amy Merkes and Jorge Rodriguez, who were sitting on an apartment stoop when they were killed in a driveby shooting. Five people swear Almodovar was with them at the time of the shooting. One of two surviving eyewitness claimed that Guevara, the lead detective, showed him pictures of Almodovar and Negron before the police lineup and then lied about it—a clear violation of police protocols. In written responses to questions in Almodovar’s quest for a new trial, Guevara asserted his Fifth Amendment rights against self-incrimination 159 times. In 2009, Guevara’s attorney claimed the allegations against him were part of a gang conspiracy, telling the Chicago Tribune: “We strongly believe there is an orchestrated effort by gang members that witnesses were told to recant. A prosecutor from the State’s Attorney’s office made a similar argument in court earlier this week, before prosecutors suddenly reversed themselves Wednesday and said they would no longer oppose Almodovar and Negron’s efforts to reverse their convictions. The State’s Attorney’s office did not immediately respond to request for a comment, but the statement said that “after a thorough and deliberate review” prosecutors had determined that the evidence against Almodovar and Negron was “insufficient to support a retrial of this case.” In addition to Almodovar and Negron, there are 27 other people in prison who have alleged that Guevara framed them. Many of them have appeals pending. Almodovar’s family said they were ecstatic that he was finally coming home. His aunts, Mary, Gladys and Iris, were key members of a support group that, over the past two decades, painstakingly pieced together what they claim is a clear pattern of misconduct by Guevara across dozens of cases. For decades the support group tried alerting the Chicago Police Department, the state’s attorney’s office and federal authorities to what they claimed was a raft of witness tampering and abuse by the detective. In most cases, their pleas fell on deaf ears. In five cases, however, Guevara defendants were exonerated, and some have won large civil judgements against the city of Chicago......... The family is now scrambling to purchase a cake, and find clothing for Roberto to wear and a room for him to sleep in when he gets out. Still, she added, her joy was tempered by sadness for the families of the murder victims, who would never get to welcome their loved ones home. “This is a wakeup call that every victim of Det. Reynaldo Guevara should have a new hearing to determine their innocence,” said Negron’s attorney, Russell Ainsworth. “We’re thrilled that two innocent men are having their convictions reversed but the delay in justice has taken a toll.”

The entire story can be found at:
https://www.buzzfeed.com/melissasegura/roberto-almodovar-to-be-released-from-prison?utm_term=.ucemPz5km#.puXr9nKxr

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;