Sunday, January 5, 2020

Juan Rivera charged in 1992 for rape and murder, in prison 20 years, was exonerated January 6, 2012.

On August 17, 1992, 11-year-old Holly Staker was raped and murdered while babysitting two young children in Waukegan, Illinois. Ten weeks later, as a result of a tip from an informant, investigators began focusing on Juan Rivera, a 19-year-old former special education student, who had been convicted of a burglary and was on electronic home monitoring at the time of the murder.
THE INVESTIGATION
Starting on October 26th, detectives questioned Rivera for four days, while he denied any knowledge of the crime. At the end of the fourth day, around midnight, after the interrogation became accusatory, he broke down, and purportedly nodded when asked if he had raped and killed Holly Staker.

The interrogation continued until 3:00 a.m. when investigators left to type a confession for Rivera to sign. Minutes later, jail personnel saw him beating his head against the wall of his cell in what was later termed a psychotic episode. Nevertheless, within a few hours, Rivera signed the typed confession that the investigators had prepared. The document, a narrative account of what the investigators claimed Rivera told them, was so riddled with incorrect and implausible information, that Lake County State’s Attorney Michael Waller instructed investigators to resume the interrogation in an effort to clear up the inconsistencies. On October 30th, despite Rivera’s obvious fragile mental condition, the interrogation resumed, resulting in a second signed confession, which contained a plausible account of the crime.

THE TRIAL
The jury trial began on November 1, 1993, with the prosecution’s case based primarily on the second confession. On November 19, the jury found Rivera guilty and the prosecution asked for a death sentence. The jury rejected it, and Judge Christopher C. Starck, a month later, sentenced Rivera to life in prison. On November 9, 1996, the Illinois Appellate Court reversed the conviction based on the cumulative effect of trial errors and remanded the case for a new trial.

On September 16, 1998, Rivera’s second jury trial began. Again, the prosecution primarily relied on the second confession. But, it also produced an eyewitness to the murder who identified Rivera as the man who stabbed Staker. The witness, Taylor Englebrecht, was one of the two children for whom Staker was babysitting when she was attacked, but he was only two years old at the time. On October 2, after deliberating 36 hours over four days, the jury found Rivera guilty, and Judge Starck again sentenced Rivera to life in prison. On December 12, 2001, the Illinois Appellate Court affirmed the second conviction.

POST-CONVICTION AND DNA TESTING
On May 24, 2005, DNA tests eliminated Rivera as a source of the semen recovered from Staker’s vagina. On August 29, 2006, Judge Starck himself vacated Rivera’s conviction and ordered a third trial. Despite the DNA exclusion, Waller chose to retry the case.

On April 13, 2009, Rivera’s third jury trial began, again under Judge Starck. Assistant State’s Attorney Michael Mermel discounted the exculpatory DNA evidence, suggesting that Staker, at age 11, was sexually active, and DNA found at the scene was not that of her killer. He also suggested that the DNA might be Rivera’s, but was compromised by lab technicians. On May 8, the jury found Rivera guilty, despite the exculpatory DNA evidence.

On June 25, 2009, Judge Starck sentenced Rivera to life in prison for the third time.

Lawrence C. Marshall, Stanford University Law Professor, and co-founder of the Center on Wrongful Convictions was the lead attorney for the appeal of Rivera’s third conviction. He was joined by co-counsel from Jenner & Block LLP and the Center. Among the issues raised on appeal were whether the evidence had been sufficient to prove guilt beyond a reasonable doubt, whether Rivera had been denied his right to present a defense when Starck refused to allow his attorneys to present evidence rebutting the false claim of the police that Rivera knew facts only the perpetrator would have known, and whether Rivera’s confessions should have been suppressed on the ground that they were involuntary.

On December 9, 2011, the Illinois Appellate Court ruled that Rivera’s conviction was “unjustified and cannot stand,” and on January 6, 2012, Waller announced that the State would dismiss the charges. Waller told the press that, “Today, I believe the right thing is to bring to a conclusion the case against Mr. Rivera by electing not to appeal the reversal of his conviction.” Juan Rivera had served 20 years in prison.
— Center on Wrongful Convictions

Police planted blood on Juan Rivera's shoes in Waukegan slaying. Chicago Tribune, December 10, 2014

Thursday, January 2, 2020

West End Park, Champaign, Illinois (1893-1912)

Many street railways created amusement parks as generators of traffic. Not to be outdone, Harris set up the West End Park Company to operate such an amusement park for the Twin Cities.
A tract of land was set aside on West Church Street, just beyond the Champaign city limits. (This is the present-day Eisner Park.)  Here a pavilion, casino, bandstand, and grandstands were erected, baseball diamonds and tennis courts were laid out, and a 500-foot gravity powered “switchback railroad” (what we would today call a roller coaster) was built. (The Gazette devoted half a column to an ecstatic description of “the acme of sensations” to be enjoyed on the switchback railroad.)

Construction got underway in April 1893, but various problems delayed the opening until Saturday, June 17th. That evening, large crowds came out to the still-incomplete park, completely swamping the streetcars provided for them. Trains of at least three cars were run, moving huge crowds until the park closed at 11 p.m. In fact, there was one minor accident, when an emergency stop of a fully-loaded three-car train which had the motor car in the middle of the train caused the leading, motorless car to break free, bruising a few passengers. The street railway built a siding into the park, and installed a new passing siding along the line on Church Street to downtown Champaign, to increase its crowd handling capability.

Harris was very careful that West End Park has the best possible reputation. From the first announcement of the project, and in all the advertising, it was emphasized that intoxicants were not allowed, and that order would be strictly kept.

During the winter of 1893-94, further improvements were made in West End Park. A new refreshment pavilion was built, and the casino which had formerly served this purpose was extended and remodeled as a summer theater, seating about 600 people. A three-lane bowling alley and a shooting gallery were also added. City water was piped in, “modern” arc lighting installed, new landscaping arranged, a photographic studio set up, and a new dancing pavilion erected which “gives the dancers such seclusion as is desired” (according to the Gazette). The Florence Miller Burlesque and Vaudeville Company were engaged for the opening week of the season, beginning in April of 1894.

Beginning in 1894, elaborate Fourth of July celebrations were staged at West End Park. Band concerts, baseball games, dancing, acrobatic shows, and of course a grand fireworks display, were among the attractions that year. Such celebrations continued every July Fourth for a number of years.

The whole purpose of West End Park was to generate streetcar traffic. At first, the park itself had no admission charge, but later, there was a 5¢ entry fee. A free admission ticket to the park was given when you paid 5¢ to ride the interurban streetcar to West End Park. 

None of the structures survived.

Compiled by Dr. Neil Gale, Ph.D.