CHICAGO ― A Cook County judge on Thursday denied a certificate of innocence to a man whose murder conviction was overturned, saying the man’s own actions led to a finding of his guilt—including a confession that helped free a death row inmate in a case key to ending capital punishment in Illinois.
Circuit Judge Thomas Byrne said Alstory Simon met the burden of proof that he did not shoot to death two people as they sat in a Chicago park in 1982. However, Byrne noted that Simon’s actions, including a guilty plea and a public apology, gave credence to the effort led by a Northwestern University professor and journalism students to free Anthony Porter, who had been convicted of the murders.
“Petitioner’s statements during his plea of guilty and prior to sentencing are indicative of willful participation in the plan,” Byrne wrote.
The judge noted that the court asked at the time if Simon’s plea was obtained by threat or promise, other than the plea agreement, to make him plead guilty. He said Simon lied to the court and engaged in a “measure of creative deception” by offering the family of one victim, Marilyn Green, “a seemingly heart-felt apology” during his sentencing hearing.
Byrne also noted that Simon has sued Northwestern University and former journalism professor David Protess, claiming that they conspired to frame him, but “he alleges no wrongdoing on the part of the state.”
Simon’s attorney Terry Ekl says he will appeal Thursday’s ruling.
Porter had spent 16 years on death row for slayings he and his supporters maintained he did not commit. Simon’s videotaped confession led authorities to free Porter less than 48 hours before his scheduled execution in 1999.
