First Name | Michael |
Last Name | Evans |
Year of Conviction | 1977 |
Year of Exoneration | 2003 |
State of Conviction | Illinois |
Trial, Bench Trial, or Guilty Plea | 2 Trials |
Type of Crime | Rape |
Death Sentence | No |
Gender of Exoneree | Male |
Race of exoneree | Black |
Juvenile | Yes |
Description / Quotes from Testimony Concerning Defense | Missing the defense case portion of trial transcript |
Did the defendant testify at trial? | No |
Types of evidence at trial |
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Identity of eyewitness |
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Lineup Procedures |
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Suggestive Procedures | Yes ● Suggestive remarks – Eyewitness said in deposition in civil rights case brought postconviction that police suggested names to her and that she was “ quite sure” police mentioned the name Michael Evans to her during interviews and before she identified him. She also said that police detained her for ten hours pressuring her to name names. ● Brady – eyewitness had received a $1,250 cash payment from the Illinois Law Enforcement Commission for alleged relocation expenses when she named Michael Evans; new trial was granted when this was uncovered. |
Unreliable Identification? | Yes ● Discrepancies in description – eyewitness said she lied about description initially – discrepancies included hair, shape of face, shape of nose, glasses, skin color, age. She was not wearing glasses at the time and did not see well without them. ● Initial nonidentification – prepared composite and did not identify Evans or Terry to police, although at trial said knew well who Evans and Terry were |
Quotes from testimony #2 | “You were misleading the artist in describing the person to the artist, if you are telling the truth now? A. Yes, sir, I am telling the truth now and I was misleading the artist” She described second person she saw, later identified as Evans, as “medium brown complected,” and with “very black eyebrows” that “almost looked like they were painted,” and “slim build,” between 19 and 25 years old, and with a small moustache. Evans was 17 years old. |
Jailhouse informant, Co-defendant, Incentivized Witness | IW |
Examples of Non-Public or Corroborated Facts and Inconsistencies | ● Eyewitness considered also as a paid informant, in that she had come forward to claim $5,000 reward, and a new trial was granted when it came to light that she was granted money by the prosecutor, ostensibly for relocation. |
Quotes from testimony #3 | See Eyewitness entry for information concerning crime scene provided by eyewitness. The Chicago Tribune reported that the victim’s “ mother told polices [that the victim] left the house at 6:30 p.m., but by the time she testified at the 1977 trial, she said [the victim] left at 8 p.m. In 2002 the Tribune contacted the slain girl’s parents. Both said the mother changed her testimony to make it agree with an account given by the witness, raising questions about the integrity of the case.” |
Quotes regarding any deal or leniency with informant, or prior use of informant | Witness was provided money for “relocation” by prosecutor, which defense learned about only after first trial, resulting in a new trial granted. |
Highest level reached | Appeal |
Claims Raised During All Appeals and Postconviction |
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Claims granted, resulting in preexon. reversal |
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Harmless Error Rulings |
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Citations to judicial opinions | People v. Evans, 399 N.E.2d 1333 (Ill. App. 1979) |