Posted by: Fletch1
Re: Latest News in Burge Case - 02/02/08 10:33 AM
Thanks.
This does not change the issue discussed in private.
Posted by: fileboy2002
Re: Latest News in Burge Case - 02/02/08 12:16 PM
Nuts, the link appears to be broken. Here is the story:
State drops murder case tied to Burge
COPS | Man claiming he was tortured to confess won't face new trial
February 2, 2008
BY DAVE NEWBART Staff Reporter/dnewbart@suntimes.com
The Illinois attorney general's office said Friday it will not prosecute James Andrews for two murders, crimes he allegedly confessed to because of police torture linked to former Cmdr. John Burge.
Andrews is the first defendant with a Burge torture claim to have his case dropped by prosecutors.
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State's attorney candidate rips foe's ad Andrews, 45, had already served 24 years in prison in connection with the murders, but his conviction was tossed in October by Cook County Circuit Court Judge Thomas Sumner.
He was to be tried again beginning March 29, but Richard Schwind -- chief of the criminal enforcement division for Attorney General Lisa Madigan -- said at a court hearing Friday that his office will not pursue the case. Because of the alleged torture, the judge ruled that Andrews' statements implicating himself were not admissible.
"Based on the judge's ruling that suppressed the statements and the evidence that remained for crimes that occurred over 25 years ago, we decided this was the most appropriate course to take,'' said Cara Smith, a Madigan spokeswoman.
Andrews, his family and attorney Scott Schutte were stunned.
"He just can't believe it,'' his sister Joan Alford said Friday night. "What a glorious day.''
After the hearing, Andrews visited his mother in the south suburbs. "They kissed and hugged,'' Alford said, and then he had lunch with Alford at a nearby restaurant.
While Andrews was in prison, two of his seven siblings died, but Alford said her brother is not bitter.
Andrews is staying with another relative in the south suburbs and looking for a job as a welder.
Andrews had been in custody since 1983, when police questioned him about a dogfight. Documents filed by his lawyers claim he was handcuffed to a steel ring and punched and beaten with a flashlight by two detectives under Burge.
During the interrogation, Andrews confessed to two murders. In July 2006, a four-year probe determined officers under Burge had beaten and tortured suspects at Area 2 police headquarters.
At Friday's hearing, Schwind said the cases would be "nolle prossed,'' meaning officials will not pursue the case. Schutte said the state could bring charges in the future if it found new evidence, but he thought it unlikely. Smith declined to comment.
"Of course he's happy,'' Schutte said. "But he expected this to happen all along.''