Aug 8, 2006 10:54 pm US/Central
Jury Denies Damages For Wrongfully Convicted Man
Michael Evans Spent 27 Years In Prison
by Suzanne Le Mignot
CHICAGO (CBS) ―
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(File Photo) Three years ago, DNA evidence cleared Evans of the rape and murder of 9-year-old Lisa Cabassa.
CBS
Michael Evans spent 27 years in prison until DNA evidence proved him innocent of a crime. Now, his lawyers say he's been victimized by the system again.
A jury decided Tuesday that Evans should not receive any money based on testimony from an eyewitness.
CBS 2's Suzanne Le Mignot reports the verdict hinged on whether Chicago detectives plotted to frame an innocent man.
The jury deliberated for a day and a half before finding that none of the ten police officers sued by former prisoner Michael Evans was liable for damages.
"I know my officers are gonna be thrilled," said defense attorney Andrew Hale. "They can go back to their retirements and not have to worry about this."
Both Evans and Paul Terry spent 27 years behind bars before DNA evidence cleared them in the rape and murder of 9-year-old Lisa Cabassa.
The attorney for the officers says a woman who testified three times in the past 30 years was the key to the defense victory. The woman consistently said she saw Evans struggling with the 9-year-old on the street before she was found dead.
The defense says even though DNA evidence cleared Evans and Terry, testimony from an eyewitness is what led to the jury's verdict.
"Her name was Judy Januczewski, who 30 years ago told a criminal jury that she saw Michael Evans struggling with Lisa Cabassa on the street, when she was walking home from work," attorney Matthew Hale said
The attorney for the 10 police officers in this case says Januczewski's testimony remained constant during the three times she took the stand in the past 30 years.
"She gave very detailed descriptions. I think that that testimony obviously was very crucial in allowing the jury to reach the verdict that they reached," Hale said.
Continued Hale: "Under the law, the way the jury was instructed, for felony murder, if you're involved in the kidnapping, you're responsible for everything else that happened to the little girl. And that's why 30 years ago, Michael Evans got convicted for not only the kidnapping, but for the rape and the murder."
Michael Evans' attorney says key information wasn't presented to jurors during the trial.
"The jury did not hear that eight of these police officers took the fifth the first time they were asked about this investigation, most likely because of the abuses in Area Two," said Jon Loevy.
There were allegations of police torturing suspects for confessions at Area Two under Commander Jon Burge. Evans' attorney says there was even evidence linking Burge to the case. Jurors never heard that evidence.
"We're disappointed. We're gonna appeal, and we expect at the end of the day, when all of the evidence is heard, we will prevail," Loevy said.
Evans' attorneys were seeking up to $58 million in damages. He's received $160,000 from the state through a program that limited the amount a wrongfully imprisoned person can receive.
(© MMVI, CBS Broadcasting Inc. All Rights Reserved.)
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