Risa Lanier, who served as the top assistant to Kim Foxx in the Cook County State’s Attorney’s Office, is required to testify under oath about why her office did not object to issuing certificates of innocence to individuals convicted of murder, despite Foxx’s belief that some were guilty.
In a deposition given in April, Foxx revealed her personal belief that two exonerated men, who received certificates of innocence without opposition from her office, were guilty of committing a heinous murder.
During her deposition, Foxx frequently stated her lack of knowledge regarding exoneration case details or the investigative processes used to decide whether to challenge certificates of innocence. She indicated that these responsibilities fell under Risa Lanier, then the First Assistant Cook County State’s Attorney.
U.S. Magistrate Judge Young B. Kim has permitted attorneys for the city of Chicago and other defendants to question Lanier. This aims to clarify information that Foxx was expected to know about the exoneration of Marilyn Mulero and Madeline Mendoza, who were initially convicted of a 1992 double murder in Humboldt Park, investigated by Chicago Police Detective Reynaldo Guevara. Guevara’s cases have led to 43 exonerations, mainly during Foxx’s administration.
Foxx admitted during her deposition that she had no specific recollection of Mulero’s case or any investigation preceding her office’s decisions regarding it.
Lanier is set to be questioned about various issues, including the administration’s choice not to contest the overturning of Mulero and Mendoza’s convictions, interactions with the Exoneration Project concerning cases involving Detective Guevara, and the office’s choice to cease investigating the validity of convictions associated with Guevara.
Lawyers representing the women attempted to prevent Lanier’s deposition, arguing her input would be irrelevant. However, Judge Kim stated that if the defense plans to present evidence showing that Foxx’s office dropped charges or that courts issued certificates of innocence, then questioning Lanier about the decision-making process is warranted.
During Foxx’s deposition, a city attorney presented a video from her April 25, 2023, appearance at a City Club luncheon, where she announced she would not seek a third term. Mulero was present and approached Foxx before the event started.
Foxx testified, “I was surprised to see her,” adding she did not recall meeting Mulero previously and asserted, “absolutely not” in response to whether Mulero attended at her request.
Foxx continued, “I remember she introduced herself as Marilyn Mulero. She had tears in her eyes. And I was like, Mulero, that sounds vaguely familiar. And she reminded me that her case had been one of the cases that had been vacated.”
Foxx discarded her prepared speech and improvised for nearly 45 minutes, which she admitted frustrated her team.
Midway through, she criticized the focus on the Jussie Smollett case overshadowing her work. She highlighted Jose Cruz, another exonerated individual from a Guevara-related case, and a woman exonerated after Officer Ronald Watts planted drugs in her car. She also acknowledged Anjanette Young, a victim of a mistaken CPD raid.
Foxx then mentioned, “But you want to ask me about Jussie,” before naming Marilyn Mulero.
Mulero stood to applause. Foxx remarked Mulero was wrongfully imprisoned for a crime she did not commit, based on corrupt testimony from a police officer. “But you want to ask me about Jussie,” she reiterated.
The city’s attorney paused the video and questioned Foxx: “Had there been some finding from the State’s Attorney’s Office… in which there had been some finding that she was innocent?”
Foxx replied, “Not that I’m aware.”
The attorney asked for clarification on Foxx’s statement that Mulero was imprisoned for a crime she didn’t commit.
Foxx expressed regret over her off-the-cuff remark about Mulero’s case, explaining that her statement was based on Mulero’s recounting of her story, not on any subsequent investigation findings.
The attorney further inquired if Foxx’s comments were merely repeating what Mulero told her.
Foxx agreed, saying, “That’s a fair statement. Yes.”
When asked if she knew Mulero cited her comments in her lawsuit and petition for a certificate of innocence, Foxx responded, “I was not aware of that.”
Lanier, a seasoned prosecutor, gained attention in 2019 for managing the flawed resolution of the Jussie Smollett case, which led to extensive controversy and legal battles. Despite the media storm, Lanier ascended to become Foxx’s right-hand person.
The Cook County Record first reported on the judge’s decision to allow Lanier’s deposition.
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