IL Court Reverses Conviction of Man Jailed for 19 Years in Rape and Murder

According to the reports, a man convicted of Rape and Murder has had his convictions set aside for lack of evidence.

In an opinion that harshly criticizes the tactics of the police and prosecutors, an Illinois appellate court on Friday night reversed the conviction of Juan Rivera, who has spent 19 years in jail for the 1992 rape and murder of an 11-year-old baby sitter in a suburb of Chicago.

Mr. Rivera, who is 39 and serving a life sentence, has been convicted three times for killing the sitter, Holly Staker, based on the strength of a confession that was obtained after four days of questioning. There was no physical evidence linking him to the crime, which occurred in Waukegan, Ill., and DNA testing in 2005 excluded him as the source of sperm found in Holly’s body. . .

In its opinion, the appellate court on Friday said the confession was highly suspect and was not enough for a “rational trier of fact” to conclude that Mr. Rivera was guilty beyond a reasonable doubt. For instance, while prosecutors insisted that Mr. Rivera’s confession contained details only the killer would know, the court said that detectives had fed some details to him by asking leading questions and that some other facts had been made public in newspaper articles.

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