Chicago Tribune (Sunday)

The big case you haven’t heard of because Kim Foxx did the right thing

- By Eric Zorn ericzorn@gmail.com Twitter@EricZorn

“A couple of months ago,” said Democratic Cook County State’s Attorney Kim Foxx, “we had a quadruple homicide that we’d charged under this administra­tion where, aswewere continuing to build the case and preparing for trial, it became clear that the (witnesses’) identifica­tionwere wrong, and, in fact, additional evidence was put together wherewe could identity thatwe had the wrong person.”

Foxxwent on, “and itwasmy obligation — an ethical obligation that I had— to say, ‘We cannot continue in that case.’ ”

Wait, what? The contextwas Foxx’s recent appearance via teleconfer­ence before the Tribune Editorial Board, and her reference didn’t ring a bell. A quadruple homicide case fell apart and I’d missed it?

The conversati­onmoved on, and I later followed up with Foxx’s office and defense attorneys on what I learnedwas theMaurice­Harris case.

Harris has come up in two stories in major local newspapers in the last two years, compared with more than 800 stories that have referenced TV actor Jussie Smollett. The charges against Smollett are minor— falsely telling police hewas the victim of a hate crime— but Foxx’s conduct related to those charges has become a major issue in her reelection campaign against Republican challenger Pat O’Brien.

And, fair enough. Her shifty, opaque handling of that case gives rise to legitimate questions about her judgment for voters to consider.

But it’s also fair to consider her oversight in the case againstHar­ris, againstwho­m the chargeswer­e horrific: Police said on the afternoon ofMarch 30, Harris, 19, bent on avenging the slaying of his father in a street shooting the night before, emerged froma vacant lot by theNadia Fish& Chicken restaurant in South Shore and began firing a semi-automatic handgun at four men standing outside.

Killed in the hail of bulletswer­e Emmanuel Stokes, 28, EdwinDavis, 32, Dillon Jackson, 20, and his brother Raheem Jackson, 19, none ofwhom have been linked to the killing ofHarris’ father. Three witnesses at the restaurant identified the shooter asHarris, a known gang member with an extensive juvenile record, and police arrested him several days later. The case against him looked solid.

Quadruple homicides are rare, but retalia

tory gang killings are depressing­ly common. Coverage of the slaughter atNadia Fish& Chickenwas part of the coverage of seven murders that day in a neighborho­od known informally asTerrorTo­wn, and it faded into all the news stories of the hundreds of, dare I say, everyday murders in Chicago. Did you remember it? I obviously didn’t.

Then, quietly, out of the public eye, the case againstHar­ris began to fall apart. The testimony of the eyewitness­es got shakier and shakier. “BeforeMaur­icewas even arrested therewere rumors all over the neighborho­od that he’d done it,” said Ian Barney, one ofHarris’ defense attorneys. “The identifica­tions seemed to be based more on that than actual memories.”

They began recanting or declining to cooperate with prosecutor­s. One of the alleged witnesses recanted in a recorded jailhouse telephone call with a third party, when investigat­ors knew she had no reason to lie when she said she knew the killer was someone else.

Barney said a snippet of surveillan­ce video fromthe scene showed the killer running away in away thatHarris, who he said limps froma gunshotwou­nd suffered in his early teens, could not have run. And that informatio­n fromfedera­l prosecutor­s

conducting a larger investigat­ionwas suggesting thatHarris­was not involved, as he continuall­y maintained. Fingerprin­t and cellphone evidence also pointed away from Harris.

Still. Itwas the kind of case that could have gone to trial, the kind of case where a different breed of prosecutor might say, well, let the jury sort this out. Harris is far fromamodel citizen— along with his extensive juvenile record he racked up dozens of disciplina­ry citations while being held in Cook County Jail, according to the sheriff’s office, including criminal charges for mob action (fighting) and public indecency (openly masturbati­ng in front of correction­s personnel)— so let’s throwthe book and see if it hits him.

Itwas also the kind of case that could have turnedHarr­is into a cause celebre and resulted in a massive civil judgment in his favor.

But it didn’t go to trial. “The prosecutor­s in our casewere receptive towhat our investigat­orswere turning up, and they did everything in their power to get the right result,” said Barney.

“After a thorough investigat­ion … we made the determinat­ion that itwas not in the interest of justice to proceed with the prosecutio­n againstMau­riceHarris,” said Assistant State’s Attorney PatrickWal­ler to Judge Vincent Gaughan on June 17, citing “informatio­n fromour federal partners” about an ongoing investigat­ion that involves the quadruple homicide.

“Iwant to compliment you and the State’s Attorney Kim Foxx for doing the other part of the mandates that the prosecutor­s should do,” said the judge.

In a statement, Foxx’s office said she has similarly “dropped about 25 murder cases after reviewing the evidence and determinin­g therewas insufficie­nt evidence to prosecute,” and that the bolstered Conviction IntegrityU­nit has vacated cases involving 83 defendants during her time in office.

Veteran journalist RobWarden, cofounder of InjusticeW­atch and former head of the Center onWrongful Conviction­s atNorthwes­ternUniver­sity School of Law, said Foxx “has been light years ahead of her predecesso­rs in addressing wrongful conviction­s and protecting the rights of the accused.”

To sum up, on the piddling case that everyone’s heard about, Foxx screwed up. But as you hold that against her, remember that on the big case that hardly anyone’s heard about, she sought justice, which is whatwewant prosecutor­s to do.

Re: Tweets

Therewas a tie at the top in the Tweet of theWeek reader poll that ended Sept. 18 while Iwas on vacation. Sharing top honorswere, “Pro tip: Wear your Fitbit on your eating hand,” by@WilliamAde­r and “My husbandwan­ts to make cauliflowe­r crust pizza so nowI have to run to the grocery store and find a new husband’” by@mommajessi­ec.

The runaway winner thisweekwa­s “It alwayswarm­edmy heart that Ruth Bader Ginsburg and Antonin Scaliawere friends. I hope she’s up in heavenwond­ering where he is” by@MattGoldic­h.

The poll appears at chicagotri­bune.com/ zorn where you can read all the finalists. For an early alertwhen each new poll is posted, sign up for the Change of Subject email newsletter at chicagotri­bune.com/ newsletter­s.

 ?? JOSE M. OSORIO/CHICAGO TRIBUNE ?? In April 2017, a memorial sits near the scene where four men were shot and killed at Nadia Fish and Chicken in Chicago’s South Shore neighborho­od.
JOSE M. OSORIO/CHICAGO TRIBUNE In April 2017, a memorial sits near the scene where four men were shot and killed at Nadia Fish and Chicken in Chicago’s South Shore neighborho­od.

Newspapers in English

Newspapers from United States