No Comment — October 27, 2009, 2:37 pm

Chicago Prosecutors Go to War With the Press

Last fall Anita Alvarez was elected to a tough slot. As state’s attorney for Cook County, she took the helm of one of the nation’s foremost prosecutorial teams, and also a crew whose performance over the last couple of decades has inspired a crisis of confidence. In Chicago, claims of torture and mistreatment of prisoners have been rampant, and slowly and steadily documented. Similarly, it seems that prosecutors and police, who have amassed enviable conviction statistics, got there by gaming the system. In case after case, the evidence has shown that innocent people were arrested and railroaded through the court system. The mountain of wrongly procured convictions ultimately led an Illinois governor with a reputation as a law-and-order Republican to impose a moratorium on the death penalty. “We have now freed more people than we have put to death under our system,” said Governor George Ryan in a 2001 interview with CNN. “There is a flaw in the system, without question, and it needs to be studied.”

Alvarez would seem to have inherited a mess, but her efforts to address the crisis may be making things still worse. Instead of cleaning up the collusive and unethical practices in her office, Alvarez has decided to use her power to give the critics a black eye. Specifically, she is going after the journalism students at Northwestern University whose research has cast doubt on a series of prosecutions brought by her office. The New York Times reports:

For more than a decade, classes of students at Northwestern University’s journalism school have been scrutinizing the work of prosecutors and the police. The investigations into old crimes, as part of the Medill Innocence Project, have helped lead to the release of 11 inmates, the project’s director says, and an Illinois governor once cited those wrongful convictions as he announced he was commuting the sentences of everyone on death row. But as the Medill Innocence Project is raising concerns about another case, that of a man convicted in a murder 31 years ago, a hearing has been scheduled next month in Cook County Circuit Court on an unusual request: Local prosecutors have subpoenaed the grades, grading criteria, class syllabus, expense reports and e-mail messages of the journalism students themselves.

The prosecutors, it seems, wish to scrutinize the methods of the students this time. The university is fighting the subpoenas. Lawyers in the Cook County state’s attorney’s office say that in their quest for justice in the old case, they need every pertinent piece of information about the students’ three-year investigation into Anthony McKinney, who was convicted of fatally shooting a security guard in 1978. Mr. McKinney’s conviction is being reviewed by a judge. Among the issues the prosecutors need to understand better, a spokeswoman said, is whether students believed they would receive better grades if witnesses they interviewed provided evidence to exonerate Mr. McKinney.

There’s no doubt that prosecutors have the right to scrutinize evidence that’s offered against them and to ask questions about how it was collected and how reliable it is. In this case, however, the prosecutors’ objective looks like rank intimidation—a heavy-handed attempt to embarrass the students, their professor, and the university that harbors them through a series of snide insinuations couched as a discovery request. Lee Sarokin, a retired federal appeals court judge writing in the Huffington Post, correctly calls it a “flagrant attempt at intimidation.” The prosecutors, he argued, are “trying to suppress the truth and subvert justice.”

Around the country, journalists who cover criminal prosecutions are careful to cultivate good relations with prosecutors and rarely turn the sort of critical eye to them that good journalism requires. Criticism would close the door to the sort of prosecutorial leaks that are the essential grist of the crime blotter reporter. Prosecutors’ comfortable relationships with the press, however, serve neither the interests of the public nor the interests of justice. Northwestern’s Medill Innocence Project has offered us a disturbing look inside a dysfunctional criminal justice system. The answer to the problems in that system is not, as Anita Alvarez supposes, to close our eyes, but rather to take the tough steps towards reform that this awful record indicates are needed.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 167 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

November 2017

Star Search

= Subscribers only.
Sign in here.
Subscribe here.

Pushing the Limit

= Subscribers only.
Sign in here.
Subscribe here.

Bumpy Ride

Bad Dog

= Subscribers only.
Sign in here.
Subscribe here.

Preaching to The Choir

= Subscribers only.
Sign in here.
Subscribe here.

Monumental Error

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Pushing the Limit·

= Subscribers only.
Sign in here.
Subscribe here.

In the early Eighties, Andy King, the coach of the Seawolves, a swim club in Danville, California, instructed Debra Denithorne, aged twelve, to do doubles — to practice in the morning and the afternoon. King told Denithorne’s parents that he saw in her the potential to receive a college scholarship, and even to compete in the Olympics. Tall swimmers have an advantage in the water, and by the time Denithorne turned thirteen, she was five foot eight. She dropped soccer and a religious group to spend more time at the pool.

Illustration by Shonagh Rae
Article
Star Search·

= Subscribers only.
Sign in here.
Subscribe here.

On December 3, 2016, less than a month after Donald Trump was elected president, Amanda Litman sat alone on the porch of a bungalow in Costa Rica, thinking about the future of the Democratic Party. As Hillary Clinton’s director of email marketing, Litman raised $180 million and recruited 500,000 volunteers over the course of the campaign. She had arrived at the Javits Center on Election Night, arms full of cheap beer for the campaign staff, minutes before the pundits on TV announced that Clinton had lost Wisconsin. Later that night, on her cab ride home to Brooklyn, Litman asked the driver to pull over so she could throw up.

Illustration by Taylor Callery
Article
Monumental Error·

= Subscribers only.
Sign in here.
Subscribe here.

In 1899, the art critic Layton Crippen complained in the New York Times that private donors and committees had been permitted to run amok, erecting all across the city a large number of “painfully ugly monuments.” The very worst statues had been dumped in Central Park. “The sculptures go as far toward spoiling the Park as it is possible to spoil it,” he wrote. Even worse, he lamented, no organization had “power of removal” to correct the damage that was being done.

Illustration by Steve Brodner
Article
Bumpy Ride·

= Subscribers only.
Sign in here.
Subscribe here.

One sunny winter afternoon in western Michigan, I took a ride with Leon Slater, a slight sixty-four-year-old man with a neatly trimmed white beard and intense eyes behind his spectacles. He wore a faded blue baseball cap, so formed to his head that it seemed he slept with it on. Brickyard Road, the street in front of Slater’s home, was a mess of soupy dirt and water-filled craters. The muffler of his mud-splattered maroon pickup was loose, and exhaust fumes choked the cab. He gripped the wheel with hands leathery not from age but from decades moving earth with big machines for a living. What followed was a tooth-jarring tour of Muskegon County’s rural roads, which looked as though they’d been carpet-bombed.

Photograph by David Emitt Adams
Article
Bad Dog·

= Subscribers only.
Sign in here.
Subscribe here.

Abby was a breech birth but in the thirty-one years since then most everything has been pretty smooth. Sweet kid, not a lot of trouble. None of them were. Jack and Stevie set a good example, and she followed. Top grades, all the way through. Got on well with others but took her share of meanness here and there, so she stayed thoughtful and kind. There were a few curfew or partying things and some boys before she was ready, and there was one time on a school trip to Chicago that she and some other kids got caught smoking crack cocaine, but that was so weird it almost proved the rule. No big hiccups, master’s in ecology, good state job that lets her do half time but keep benefits while Rose is little.

Illustration by Katherine Streeter

Number of cast members of the movie Predator who have run for governor:

3

A Georgia Tech engineer created software that endows unmanned aerial drones with a sense of guilt.

Roy Moore, a 70-year-old lawyer and Republican candidate for the US Senate who once accidentally stabbed himself with a murder weapon while prosecuting a case in an Alabama courtroom, was accused of having sexually assaulted two women, Leigh Corfman and Beverly Young Nelson, while he was an assistant district attorney in his thirties and they were 14 and 16 years old, respectively.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Report — From the June 2013 issue

How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

By

"Gun owners have long been the hypochondriacs of American politics. Over the past twenty years, the gun-rights movement has won just about every battle it has fought; states have passed at least a hundred laws loosening gun restrictions since President Obama took office. Yet the National Rifle Association has continued to insist that government confiscation of privately owned firearms is nigh. The NRA’s alarmism helped maintain an active membership, but the strategy was risky: sooner or later, gun guys might have realized that they’d been had. Then came the shootings at a movie theater in Aurora, Colorado, and at Sandy Hook Elementary School in Newtown, Connecticut, followed swiftly by the nightmare the NRA had been promising for decades: a dedicated push at every level of government for new gun laws. The gun-rights movement was now that most insufferable of species: a hypochondriac taken suddenly, seriously ill."

Subscribe Today