Federal judge allows case to proceed
Juan Rivera, Jr. foreground left, speaks Tuesday, October 30, 2012 during a news conference at Northwestern University Law School in Chicago announcing a lawsuit alleging Rivera was framed for murder by current and former officers from Lake County and municipalities in the county. At right is attorney Locke Bowman (cq), of the Roderick MacArthur Justice Center. (Chris Walker / October 30, 2012)
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A man who spent 20 years in prison before being cleared of rape and murder charges by DNA evidence has won an initial battle in his bid to hold Lake County police and prosecutors financially responsible.
Ruling on motions to dismiss Juan Rivera's lawsuit, U.S. District Judge Harry Leinenweber let almost every allegation in the suit go forward. The ruling allows Rivera to keep trying to hold prosecutors liable for his ordeal. A successful lawsuit against prosecutors is rare because they enjoy broad legal immunity, experts said.
Leinenweber also declined to dismiss a defamation claim, meaning authorities could still be liable for publicly insisting on Rivera's guilt even after DNA indicated he didn't kill 11-year-old Holly Staker in Waukegan in 1992. At issue are quotes from police and a prosecutor reported in the media, including an officer's assertion, reported by The New York Times shortly before Rivera was freed, that he was "guilty as the day is long."
Rivera's is one of three pending civil rights lawsuits stemming from a string of DNA exonerations in major Lake County felony cases since 2010. A fourth former inmate recently settled his suit with various law enforcement officials for more than $6 million, including $250,000 from prosecutors, court records show.
The ruling last month comes early in Rivera's court fight. Lawyers for the authorities, who deny Rivera's allegations, will have more opportunities to challenge the suit and argue for immunity. The judge didn't rule on the facts of the suit — just that Rivera's lawyers had made potentially valid legal claims.
But one of his lawyers, Steve Art, said he was pleased lawyers will now be able to use the court's powers to seek a broad spectrum of evidence from authorities. Rivera wants "a public airing of what happened," Art said.
Lawyers for most defendants could not be reached for comment. A state attorney general's office lawyer who represents state police named as defendants referred questions to her office's spokeswoman, who declined to comment.
Rivera confessed to sexually assaulting and killing the girl after an interrogation that stretched across four days. Authorities have argued his confession was voluntary, though he has maintained the statement was coerced and given after he suffered a psychological breakdown. Police and prosecutors have argued he knew details only the killer could know, while Rivera contends police supplied the details.
Rivera was found guilty three times, the last in 2009, even though DNA had indicated someone else had sex with the victim. His convictions were repeatedly reversed. Lake County prosecutors explained the other man's DNA by saying the young victim might have been sexually active.
Rivera, 40, went free last year after appellate judges ruled "no rational trier of fact" could find him guilty beyond a reasonable doubt.
Because his case was investigated by a multiagency task force, he sued more than 25 defendants, including police, prosecutors and municipalities.
As in Rivera's case, suits often name individual law enforcement officials, though the municipalities that employ them — or the municipalities' insurers — are generally held responsible for payments. Taxpayers, for example, are already on the hook for about $96 million in legal fees and settlements for cases involving former Chicago police Cmdr. Jon Burge. With at least three more cases pending and more than a dozen other possible victims of torture by Burge identified by a state commission, the total tab could soon pass $100 million.
Among the many claims that will go forward are allegations that former Assistant State's Attorney Michael Mermel, former Waukegan Detective Lou Tessmann and former state police investigator Michael Maley defamed Rivera to the press. In a 2011 New York Times Magazine story, Tessmann was quoted as saying Rivera was "guilty as the day is long," while Maley allegedly said he remained certain of his guilt and Mermel was quoted explaining how DNA isn't always significant to a particular crime.
Leinenweber ruled the claim can proceed against all the defendants, and he wrote that Mermel does not have the "absolute immunity" that generally blankets prosecutors performing the functions of their job because Rivera allegation's indicate the statements "were made outside the scope of his official duties."
The only claim Leinenweber dismissed was one Rivera's lawyers acknowledged could be held invalid but made in the suit anyway to preserve the issue for appeal to a higher court.
Waukegan police Chief Wayne Walles referred questions on the reopened investigation into Holly Staker's slaying to an attorney who represents the city, Chuck Smith, who said it is an active investigation and a detective is assigned to the case.
Tribune reporter John Byrne contributed.
dhinkel@gmail.com
Ruling on motions to dismiss Juan Rivera's lawsuit, U.S. District Judge Harry Leinenweber let almost every allegation in the suit go forward. The ruling allows Rivera to keep trying to hold prosecutors liable for his ordeal. A successful lawsuit against prosecutors is rare because they enjoy broad legal immunity, experts said.
Leinenweber also declined to dismiss a defamation claim, meaning authorities could still be liable for publicly insisting on Rivera's guilt even after DNA indicated he didn't kill 11-year-old Holly Staker in Waukegan in 1992. At issue are quotes from police and a prosecutor reported in the media, including an officer's assertion, reported by The New York Times shortly before Rivera was freed, that he was "guilty as the day is long."
Rivera's is one of three pending civil rights lawsuits stemming from a string of DNA exonerations in major Lake County felony cases since 2010. A fourth former inmate recently settled his suit with various law enforcement officials for more than $6 million, including $250,000 from prosecutors, court records show.
The ruling last month comes early in Rivera's court fight. Lawyers for the authorities, who deny Rivera's allegations, will have more opportunities to challenge the suit and argue for immunity. The judge didn't rule on the facts of the suit — just that Rivera's lawyers had made potentially valid legal claims.
But one of his lawyers, Steve Art, said he was pleased lawyers will now be able to use the court's powers to seek a broad spectrum of evidence from authorities. Rivera wants "a public airing of what happened," Art said.
Lawyers for most defendants could not be reached for comment. A state attorney general's office lawyer who represents state police named as defendants referred questions to her office's spokeswoman, who declined to comment.
Rivera confessed to sexually assaulting and killing the girl after an interrogation that stretched across four days. Authorities have argued his confession was voluntary, though he has maintained the statement was coerced and given after he suffered a psychological breakdown. Police and prosecutors have argued he knew details only the killer could know, while Rivera contends police supplied the details.
Rivera was found guilty three times, the last in 2009, even though DNA had indicated someone else had sex with the victim. His convictions were repeatedly reversed. Lake County prosecutors explained the other man's DNA by saying the young victim might have been sexually active.
Rivera, 40, went free last year after appellate judges ruled "no rational trier of fact" could find him guilty beyond a reasonable doubt.
Because his case was investigated by a multiagency task force, he sued more than 25 defendants, including police, prosecutors and municipalities.
As in Rivera's case, suits often name individual law enforcement officials, though the municipalities that employ them — or the municipalities' insurers — are generally held responsible for payments. Taxpayers, for example, are already on the hook for about $96 million in legal fees and settlements for cases involving former Chicago police Cmdr. Jon Burge. With at least three more cases pending and more than a dozen other possible victims of torture by Burge identified by a state commission, the total tab could soon pass $100 million.
Among the many claims that will go forward are allegations that former Assistant State's Attorney Michael Mermel, former Waukegan Detective Lou Tessmann and former state police investigator Michael Maley defamed Rivera to the press. In a 2011 New York Times Magazine story, Tessmann was quoted as saying Rivera was "guilty as the day is long," while Maley allegedly said he remained certain of his guilt and Mermel was quoted explaining how DNA isn't always significant to a particular crime.
Leinenweber ruled the claim can proceed against all the defendants, and he wrote that Mermel does not have the "absolute immunity" that generally blankets prosecutors performing the functions of their job because Rivera allegation's indicate the statements "were made outside the scope of his official duties."
The only claim Leinenweber dismissed was one Rivera's lawyers acknowledged could be held invalid but made in the suit anyway to preserve the issue for appeal to a higher court.
Waukegan police Chief Wayne Walles referred questions on the reopened investigation into Holly Staker's slaying to an attorney who represents the city, Chuck Smith, who said it is an active investigation and a detective is assigned to the case.
Tribune reporter John Byrne contributed.
dhinkel@gmail.com
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