Man jailed for 1957 Illinois murder to be freed, conviction annulled

[mahatmakanejeeves]

Source: Reuters

World | Fri Apr 15, 2016 1:50pm EDT
Related: U.S.

Man jailed for 1957 Illinois murder to be freed, conviction annulled

CHICAGO | By Suzannah Gonzales

An Illinois man convicted in 2012 for kidnapping and murdering a 7-year-old girl in 1957 was on Friday ordered by a judge to be released from prison and his life sentence annulled based on previously unknown evidence that pointed to his innocence. ... DeKalb County Circuit Court Judge William Brady also granted Jack McCullough's request for a new trial. The judge said he would grant McCullough's release on bond and ordered him to remain in Illinois.

McCullough was convicted of killing Maria Rudolph. She disappeared in December 1957 while playing near her home in Sycamore, Illinois, about 65 miles west of Chicago. Her body was found about four months later.

This week, DeKalb County State's Attorney Richard Schmuck filed a petition to vacate McCullough's conviction and McCullough's lawyers requested a new trial, court documents said. ... The requests followed Schmuck's six-month review of evidence and a statement in March that said thousands of pages of improperly excluded police reports pointed to McCullough's innocence.

McCullough was a teenager when Rudolph went missing and was an early suspect in the case. He told investigators he was on a train from Rockford, in southern Illinois to Chicago, when the girl disappeared. He later joined the military, moved to Washington state and became a policeman in Lacey, a town east of Olympia. ... McCullough was arrested in 2011 and he said he was innocent.

Read more: http://www.reuters.com/article/us-illinois-crime-idUSKCN0XC27F

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I'd rather go with a local newspaper, but all of them I could find had headlines that assumed you had been following the case all along. Reuters tells you in which state this is happening.

[1StrongBlackMan]

1. I tell you ... we could stop this crap tomorrow ...

if we'd just institute a law requiring all persons involved in the conduct of prosecutorial/judicial misconduct that results in a conviction to receive the sentence that their victim received.

[sorefeet]

2. I agree 1StrongBlackMan

that would make them think about something besides their ego and paycheck. The prisons are plum full of innocent people. Ya know the saying that all prisoners say "I'm innocent man". There is more truth in that than we think.

[1StrongBlackMan]

3. I worked as a re-entry counselor in a prison ...

I don't know about innocent; but, will agree ... there are a bunch of inmates not guilty of the crimes for which they were convicted.

[Kelvin Mace]

4. ESPECIALLY when they insist

Last edited Fri Apr 15, 2016, 06:05 PM - Edit history (1)

on calling for the death penalty.

[1StrongBlackMan]

5. Yep ...

but, even if it's a plea with not a day in jail or prison ... the fall-out from ANY conviction has a very, very long reach.

[tabasco]

8. Right on!

Same rule for all criminal false accusers is what I say.

[1StrongBlackMan]

9. I have a tougher time agreeing with that ...

how (absent a voluntary confession) would the accusation be proven false?

[tabasco]

10. Same way any accusation is proven false.

By a competent investigation by law enforcement.

Say I accuse you of raping me and I do not recant the accusation. Law enforcement proves that the accusation is false. I should face the same penalty that you would if you were convicted of rape.

[pnwmom]

11. No. That would be evil itself. That would scare many victims into not reporting actual crimes. n/t

[1StrongBlackMan]

17. Sorry ...

Last edited Sat Apr 16, 2016, 12:11 PM - Edit history (1)

most "false accusations" can never be proven false (absent a voluntary admission) ... they can only be disbelieved.

{Edited out: "You've been watching too much TV ...", as it was taken as an insult.}

[tabasco]

22. LOL! You have zero information on my experience or background.

Your insult is blatant in its ignorance and stupidity.

[1StrongBlackMan]

23. Yeah, Okay ... I'll match my real life experience and background in the law withyours, any day.

I'll apologize and go back and edit out the TV comment, as it may have been insulting; but the rest stands as truth.

[tabasco]

24. No matter what experience you have "in the law"

and whether or not it is more extensive than mine, your opinion is no more valid than mine.

[1StrongBlackMan]

26. Okay ... But some opinions are better informed than others ...

I would suggest that my having been directly involved in the prosecution of thousands of criminal and civil cases better informs my opinion on this topic.

[tabasco]

28. You have the need to wag your credentials; I don't.

However, all citizens, not just criminal prosecutors, have a say in what the laws should be. It's called democracy.

[1StrongBlackMan]

30. No ... This has nothing to do with Democracy and everything to do with reality.

[tabasco]

31. Drafting laws and establishing criminal penalties has everything to do with democracy,

at least in the U.S.A., the country in which I live. Which law school did you attend?

[1StrongBlackMan]

32. How is the drafting of laws related to the proving of false accusation?

Marshall College of Law.

[roamer65]

15. Civil cases are designed just for this instance.

You take them to the "cleaners" and make sure they never have an extra cent to their name.

This guy should be filing one right away.

[1StrongBlackMan]

18. Civil cases don't work that way for public officials and police officers.

[tabasco]

29. Falsely accusing an innocent person is a matter of criminal and civil law.

I don't believe the penalties are harsh enough for false accusers.

A wronged party could receive no civil remedy from an indigent or poor accuser/defendant.

[Archae]

13. He was only in jail for 5 years, including the time he was on trial in 2012.

The murder occurred in 1957, yes.

But it went unprosecuted until 2012.

[ColesCountyDem]

6. Good article, except Rockford's in far northern Illinois. n/t

[mahatmakanejeeves]

7. I didn't notice that. Thanks. I should know that one too. NT

[ColesCountyDem]

21. YW! I suspect the writer also knows, but just had a brain cramp. n/t

[roamer65]

14. This is why I am against the death penalty.

Everyone deserves a chance to prove themselves innocent.

[24601]

19. No one should have to prove they are innocent. They are not guilty until a jury finds otherwise. n/t

[bluestateguy]

20. Perhaps trying to get a conviction for a 55 year old murder is not such a good idea

Evidence disappears, and witnesses lose their memories and die. Meanwhile we have violent crimes that took place in this century that need to be addressed, where the killer or rapist could still be on the run and real danger to the community. Law enforcement resources are not infinite.

And often as a result, if anyone is arrested for a 30, 40 or 50 year old crime, it ends up being the wrong person.

[Third Doctor]

25. What if he had been executed and the evidence of his

innocence is just now coming to light? How many times has this happened and the cases hidden from the public? This is one of the reasons I oppose the death penalty.

[thelasthope]

27. wow

so many of life's moments missed