Local law enforcement raises cash for defendant in criminal case
Critics say funding ex-prosecutor’s case inappropriate
Dozens of current and former law enforcement officials are rallying behind an indicted ex-Cook County prosecutor, raising money for his defense against felony charges in a wrongful conviction case and drawing criticism about the lengths authorities go to in protecting their own.
A GoFundMe campaign on behalf of Nick Trutenko had raised more than $13,000 as of late Friday, which organizers said will help fight allegations that he purposefully lied and obstructed justice to keep an innocent man in prison.
The effort gained momentum in the past week after receiving endorsements from pro-police blogs and social media accounts, leading to a startling scenario in which law enforcement is rallying behind a criminal defendant and helping to pay his legal bills.
Trutenko, 67, a former supervisor in the Cook County state’s attorney’s office, faces multiple felony charges stemming from his testimony in the third trial against Jackie Wilson, a Chicago man who the courts have said was wrongfully convicted in the 1982 slayings of Chicago police Officers Richard O’Brien and William Fahey.
Jackie Wilson and his brother Andrew were both found guilty of murder but had their alleged confessions thrown out after the courts found they had been tortured by detectives working under notorious ex-Chicago police Cmdr. Jon Burge.
Jackie Wilson, now 62, received his certificate of innocence in December 2020 after spending nearly four decades behind bars, and he has filed a federal civil rights lawsuit against several police officers and prosecutors involved in his case, accusing them of conspiring to keep him in prison for murders he did not commit. Andrew Wilson shot both officers during a traffic stop where Jackie Wilson was also present.
Andrew Wilson was convicted at retrial and later died in prison.
The Tribune recognized the names of more than three dozen current and former officials on Trutenko’s donor list, including at least two retired judges, several former Cook County state’s attorney employees, a Chicago police officer charged with shooting an unarmed man and two special prosecutors assigned to handle cases involving torture by another Chicago police detective. Some other donors chose to contribute anonymously.
“I think the message you can get from this is, frankly, former Cook County state’s attorneys are supportive of fellow colleagues who did whatever it took to get a conviction,” said Elliot Slosar, one of Jackie Wilson’s attorneys. “And that line that these people are now publicly displaying is exactly what defense attorneys have believed was going on in Chicago for decades. It’s just now they’re willing to do it out in the open.”
A special prosecutor assigned to Jackie Wilson’s case abruptly dropped the charges against him at his third trial in 2020 immediately after Trutenko, a prosecutor in Wilson’s second trial in 1989, testified about his relationship with a witness in the case. Prosecutors told the judge they could not continue in good faith because Trutenko had given testimony they knew to be false.
Trutenko was fired within hours of his testimony, and another special prosecutor was appointed to review the perjury issue. At that prosecutor’s request, a grand jury indicted Trutenko on charges alleging perjury, official misconduct, obstruction of justice and violation of a records act.
Andrew Horvat, then an assistant state’s attorney who represented Trutenko as a witness in the third trial, also is facing felony charges alleging official misconduct. Horvat, 47, who subsequently left the prosecutors’ office, is accused of being complicit in the attempts to conceal Trutenko’s relationship with the witness.
Former Cook County prosecutor Thomas Needham is among those who have donated money for Trutenko’s defense. Jackie Wilson’s federal lawsuit accuses Needham and other former law enforcement officials of conspiring to cover up the torture taking place under Burge’s command. Needham, who called the civil suit allegations against him “totally false,” contributed $500 to Trutenko.
“I just respect him as a professional and as a person and he’s in trouble. He needs some help and so I donated to him,” Needham said in an interview. “He’s presumed innocent, and people on the defense side should recognize that. He’s entitled to a vigorous defense and a fair trial . ... I know him well enough to know the allegations are inconsistent with the person I know, and I just want to support a friend who needs some help.”
Trutenko’s defense attorney James McKay, also a former Cook County prosecutor, did not respond to a request for comment.
Some defense attorneys, particularly those involved in wrongful conviction cases, have criticized the donor list, particularly the contribution from special prosecutor Maria McCarthy, a former Cook County assistant state’s attorney. McCarthy, who is listed as giving $250, is assigned to handle matters involving several defendants who the state believes have credible torture claims against former Chicago police Detective Kriston Kato.
While acknowledging that every defendant deserves access to a quality defense, Slosar contends it is unseemly for special prosecutors to bill taxpayers for their work and then give money to someone accused of abusing the public’s trust.
Defense attorney Jennifer Bonjean, who represents Kato defendant Devon Daniels, taunted McCarthy and her law partner Fabio Valentini about the donation as they recently entered the Leighton Criminal Court Building. Valentini’s name does not appear on the crowdfunding list.
“You guys were so cheap with your donation to Trutenko,” Bonjean called out Tuesday. “Why only $250?”
McCarthy told the Tribune there is nothing unethical about her donation.
“I have known Nick Trutenko for many years,” she said. “It is surprising to hear that defense attorneys believe that such a donation would be inappropriate, given that they of all people know that every person is presumed innocent and deserves a vigorous defense.”
Another special prosecutor on the Kato matter, Alan Spellberg, also donated $250, according to the site. The former supervisor of the Cook County state’s attorney’s criminal appeals division, Spellberg told the Tribune that he does not think Trutenko’s testimony — regardless of truthfulness — rises to the level of perjury under Illinois law because his statements were immaterial to the question of whether Wilson murdered a police officer.
Spellberg said he was not trying to make any statement with his donation beyond the fact that Trutenko has his support.
“I fail to see anything inappropriate about someone, whether it is a prosecutor, a defense attorney or nonlawyer, choosing to donate private, personal funds to support someone who has been charged with a crime,” Spellberg said.
“As I am sure both Mr. Slosar and Ms. Bonjean recognize, Nick is presumed innocent of the charges and the special prosecutor bears the heavy burden of proving his guilt beyond a reasonable doubt,” he said. “Ensuring that he has sufficient resources to defend himself against those charges is entirely consistent with the mission of seeking justice, a mission I have adhered to my entire career.”
Bonjean said the donations sent a different message.
“What it shows you is they think they’re bulletproof,” Bonjean told the Tribune. “They don’t care about the appearance of impropriety. No part of them was like, ‘Huh, maybe this wouldn’t look good? Maybe this would appear as if my intentions are not good?’ ... This is not where their heads should be.”
Defense attorney Terry Ekl, who is representing Horvat in two capacities related to the Jackie Wilson case, donated $250 to Trutenko’s defense. Cook County is paying Ekl to represent Horvat in Wilson’s civil lawsuit, and Horvat also hired Ekl to defend him against the official misconduct charges.
Ekl accused Slosar and Bonjean of hypocrisy, saying they would want any of their own clients to have the best possible defense.
“Don’t they think that Nick Trutenko should be able to defend himself?” Ekl said. “How is that wrong? Everybody is entitled to a good defense. If people want to donate so that Trutenko gets a good defense, that’s how the system works.”
GoFundMe prohibits fundraising campaigns for people charged with violent or financial crimes, as well as efforts that promote racism or hatred. A company spokesperson told the Tribune that Trutenko’s crowdfunding effort is permissible under its terms of service.