Prosecutors maintained he was guilty even after he was excluded through DNA testing

[NNN0LHI]

http://www.chicagotribune.com/news/local/breaking/chi-lake-county-prosecutors-wont-challenge-murder-conviction-in-92-slaying-of-11yearold-20120106,0,6889975.story

Rivera freed after Lake County prosecutors stop seeking retrial in girl's '92 slaying

By Dan Hinkel, Ruth Fuller and Lisa Black Tribune reporters

12:50 a.m. CST, January 7, 2012

Ending nearly 20 years in custody, Juan Rivera walked out of prison today hours after authorities said they will not challenge an appellate court’s reversal of his murder conviction in the 1992 slaying of 11-year-old babysitter Holly Staker. snip

Prosecutors maintained that Rivera was guilty even after he was excluded through DNA testing as the source of semen found in the Waukegan girl’s body, who had been stabbed and sexually assaulted.

On Dec. 9, the Illinois Appellate Court released a harshly worded, 24-page ruling that reversed the conviction, stating that the theories that prosecutors offered at trial were “highly improbable” and “distort to an absurd degree” the testimony from witnesses.

The ruling accused veteran detectives of using leading questions and using psychology to manipulate the fragile Rivera, as well as possibly feeding Rivera information.

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Which begs the question, why would they do that?

[Swede]

1. They thought he was guilty and got tunnel vision.

This happens over and over. It ought to be a subject they teach in law school and police academies - don't get tunnel vision.

[Ikonoklast]

6. First they find their man. Then they fit the crime to him.

And it happens every day in this country.

'Justice' is what those in power say it is.

[The Straight Story]

2. Same reason people protect those they elect to office

They don't want to be seen as having made a mistake and are sure it is the right guy, no matter what.

[obamanut2012]

4. Exactly

Go to Yahoo news or other message boards (probably even here): people still think Amanda Knox is a guilty she-devil slut, that the West Memphis Three are cold-blooded killers, that the Duke Lacrosse players were racist rapists, etc.

The problem is that when detectives and DAs act like this, people go to prison, and may even be put to death. This is the main reason I am against the death penalty. The WM3, for example, was a "slam dunk" murder case as per the State, the Judge, the jurors, and the local media.

[FreakinDJ]

3. By law you can NOT sue a prosecutor for prosecutoria misconduct - (Good O'l Boy Law)

he can only be disbarred

[DCKit]

5. Too many times it's simply about closing cases.

I've heard it said here (in DC) that they'll arrest someone for a crime they know he (usually a he) didn't commit because, eventually, he'll commit some other crime.

It's proactive policing. Eventually they'll get the guilty party through attrition.