Former Cook County State’s Attorney Kimberly Foxx has been ordered by a federal judge to answer questions under oath regarding her decision not to oppose efforts by two women to have their murder convictions overturned. This decision opens the door for the women to pursue wrongful conviction prosecution lawsuits against the city.
The ruling, issued by U.S. Magistrate Judge Young B. Kim, is part of civil rights lawsuits filed by Madeline Mendoza and Marilyn Mulero, who are seeking damages from the city and former Chicago Police Detective Reynaldo Guevara over their alleged wrongful convictions in the 1992 murders of Hector Reyes and Jimmy Cruz in Humboldt Park.
The controversy revolves around alleged high-level meetings between Foxx, her aides, and lawyers from the Exoneration Project, a non-profit organization closely affiliated with the University of Chicago School of Law. The Exoneration Project is mainly staffed by attorneys from Loevy & Loevy, a prominent law firm that frequently sues the city of Chicago over wrongful conviction claims.
The city and Guevara’s attorneys claim that private meetings between Foxx and Exoneration Project representatives led to the creation of a protocol at the Cook County State’s Attorney’s Office, known as the “Guevara Case Review Protocol,” which governed how post-conviction claims involving Guevara would be handled.
Following these meetings, Foxx announced her office’s decision to vacate murder convictions in multiple cases involving allegations against Guevara. This decision came after the CCSAO had previously stood by the validity of both Mulero’s and Mendoza’s convictions.
Both women obtained certificates of innocence from a Cook County court after the CCSAO declined to oppose their petitions. This legal threshold allows them to pursue wrongful prosecution lawsuits against the city and Guevara.
Mendoza and Mulero had been convicted of first-degree murder in 1993 but claimed they were coerced into confessing and pleading guilty through illegal interrogation tactics. Guevara, who has faced numerous misconduct allegations, has already cost the city $159 million in payments from lawsuits tied to his actions.
In a recent ruling, Judge Kim ordered Foxx to undergo questioning by lawyers for the city and Guevara, as well as by attorneys representing Mulero and Mendoza. The judge also allowed video recording of the session for litigation purposes only, citing concerns about potential misuse of the footage.
This development sheds light on the complex relationship between prosecutors, advocacy groups, and civil rights attorneys in cases of alleged wrongful convictions, highlighting the need for transparency and accountability in the criminal justice system.
