Chicago Sun-Times

In prison 8 years, woman acquitted

- BY JORDAN OWEN Staff Reporter Email: jowen@ suntimes. com Twitter: @ byjordanow­en

A woman has been acquitted of a 2009 murder in the Northwest Side Portage Park neighborho­od — after she’d already spent eight years in prison for the crime.

Kerry Masterson, now 31, was convicted in 2011 of the murder of 55- year- old of Michael Norton, according to the Center on Wrongful Conviction­s.

Norton, longtime owner of Norton’s Sweet Shop, was found in the back of his convenienc­e store at Cicero and North on May 14, 2009, with a bullet wound to the back of the head, and his hands and feet bound.

The investigat­ion led to the arrest of aman and woman, Beatrice Rosado and Elvin Payton, who had lived in an apartment above Norton’s store until he evicted them because of gang and drug activity, according to the center.

Witnesses reported seeing a skinny Hispanic man fleeing the crime scene. Police initially believed that was a third person who committed the crime with the arrested couple.

The couple later claimed Masterson was also involved, and police ended their search for a male suspect, and eyewitness­es only viewed female lineups from that point.

At her 2011 trial, Masterson’s request to call an eyewitness identifica­tion expert was rejected by the judge, according to the center.

Despite the fact she was neither a man nor “skinny,” a jury found Masterson guilty of firstdegre­emurder, and the judge sentenced her to 58 years in prison.

In 2014, the Center on Wrongful Conviction­s picked up Masterson’s case, one of the first accepted by the Center’s Women’s Project.

The appellate court granted Masterson a new trial based on the erroneous exclusion of expert testimony on eyewitness identifica­tions at her first trial, according to the center.

Her second jury trial started on Oct. 27, and an expert witness explained how the conditions under which the eyewitness­es saw the perpetrato­r and the manner in which the lineups were conducted increased the risk of mistaken identifica­tion.

Masterson also testified shewas not involved and was trying to fix her truck, which was parked nearby, according to the center.

Rosado and Payton, who both pleaded guilty to the murder years ago, testified that they lied to the police in implicatin­g Masterson in order to mitigate their own punishment, according to the center.

Masterson was found not guilty by the jury after less than three hours of deliberati­on on Thursday.

Rosado, now 32, is serving a 22- year sentence at the Logan Correction­al Center, according to Illinois Department of Correction­s records. Payton, now 34, is serving a 47- year sentence at the Menard Correction­al Center.

 ?? ILLINOIS DEPARTMENT OF CORRECTION­S | ?? Elvin Payton and Beatrice Rosado
ILLINOIS DEPARTMENT OF CORRECTION­S | Elvin Payton and Beatrice Rosado
 ??  ?? Kerry Masterson
Kerry Masterson

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