-Submitted by David Drumm (Nal), Guest Blogger
Famed Northwestern University professor David Protess, whose class helped free more than 10 innocent men from prison, won’t be teaching the investigative journalism course in the upcoming quarter. Protess will continue to head the Medill Innocence Project, but any affiliation with the journalism course is unknown.
Cook County prosecutors had subpoenaed the notes and grades of the students in what appeared to be a case of prosecutorial intimidation.
At issue is whether or not Protess gave student memos to Northwestern University’s Center on Wrongful Convictions for use in defending Anthony McKinney, who has been in prison for 30 years. Any material released to the Center must also have to be made available to Cook County prosecutors, who had to file a subpoena to obtain them. If Protess didn’t release the memos to the Center, they’re considered “reporter’s privilege” and not subject to submission to the prosecutors.
Andrew M. Hale writes:
Could it be that the documents they are hiding don’t support McKinney’s claim of innocence?
Protess was notified of his removal from teaching the course in an e-mail. University spokesman Al Cubbage released a statement:
Northwestern has been conducting its own review of Professor Protess and the actions and practices of the Innocence Project. That review began last fall after questions arose regarding the accuracy and completeness of information supplied to the University by Professor Protess.
…
However, the laudable goal of the Innocence Project would not justify any improper actions that may have been taken by Professor Protess.
Looks like the university is not sure that Protess has been completely forthright with them.
The work of Protess and his students influenced Governor Pat Quinn’s decision last week to abolish the Illinois death penalty.
H/T: The Daily Northwestern, Chicago Tribune, Chicago Sun-Times.
“At the center of the dispute are memos written by students during their investigation of the McKinney prosecution —documents Protess turned over to McKinney’s lawyers at Northwestern Law School’s Center on Wrongful Convictions so they could try to win his freedom. Led by Protess to believe that only limited information had been shared, university officials said, they spent almost a year and hundreds of thousands of dollars in legal expenses fighting prosecutors’ bid for all the student records.
But now Northwestern officials question whether Protess was forthcoming about what he turned over to McKinney’s lawyers. That information was crucial because those materials should also have been given to prosecutors.” (Chicago Tribune)
“Protess said his stance had “understandably infuriated the university. They don’t like it when their faculty members disagree with their legal decisions. And that has caused this latest retaliatory action.” (James B. Kelleher, Reuters)
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Perhaps I am missing something here but the dispute seems to be between Protess and the University’s legal department. The University claims that they were … “Led by Protess to believe that only limited information had been shared, university officials said, they spent almost a year and hundreds of thousands of dollars in legal expenses fighting prosecutors’ bid for all the student records.
And Protess claims “They don’t like it when their faculty members disagree with their legal decisions. And that has caused this latest retaliatory action.”
Did he or did he not lie to his University lawyers in claiming that he had shared ” … only limited information (with McKinney’s lawyers at Northwestern Law School’s Center on Wrongful Convictions )” or are his University lawyers lying about what he told them?
Mack – something like 9 of 11 death row inmates in ILL were proven innocent by DNA evidence when the Govenor ordered a review. There have been famous cases in TX, NC and MS of faked lab reports designed to prove defendants guilty when the evidence didn’t. We know that the USSC ruled it is OK if your lawyer slept through your trial. I think you need to get out of your basement more.
Anon,
You’re correct. Thanks. Fixed.
fRANK:
“So we continue to see cops, judges and lawyers make the same mistakes over and over piling up wrongful convictions and letting the real perps walk.”
I’m not so sure they are making mistakes as much as we would like to think. Look at the innocence project you will see that misconduct is often found to have happened. The only mistake made is they get caught, not punished though never punished.
So sex acts in class OK, getting innocent people out of Cook county prisons NOT OK. Great lesson taught to the students here, just obey the cops.
frank,
Well said. There is nothing I could add to make it any clearer or better than you have done.
Anon,
Appreciate your sentiment….do you think that “Unguilty people should spend time in prison? How about students protesting budget cuts to schools…..should they be suspended…..
Do you think that Prosecutors ever hide information from the Defense? Please do answer…..
As an Attorney I can tell you hell yes they do….one case that I was aware of from start to the exoneration….the prosecutor not only hid information……. but you’ll love this selectively copied papers so that the Detectives conclusions in the case were omitted…..
The only way it came out in the open is the Detective had a conscience…he even testified that he told the Prosecutor that he did not think that this Defendant did it……How about that for some smack….
Wanna know what happened to the Prosecutor? He got fired from his job….excuse me…..not fired the Appointment was withdrawn…..wanna know what else….the Discipline board…no caused him….How about that for some shit…..
An Defense Attorney with a Vendetta or Agenda…Please tell me what pearly white robe you have and where do you get one….
This post contains a significant error. The Center on Wrongful Convictions DID NOT write this sentence nor is it connected to the link you posted with it:
“Could it be that the documents they are hiding don’t support McKinney’s claim of innocence?”
The quote is from a blog post by a lawyer with a clear, vengeful agenda who has no credibility. I would clarify this immediately as I’m certain the Center does not want to be associated with such toxins.
Frank and AY,
I concur with your comments. The prosecutors are going after the Professor because they have been embarrassed by the work done by students that actually proved those same prosecutors and police were arresting and convicting the wrong people.
Frank, I am with you on this one…
Sounds like intimidation to me. “You make us look bad, we will f you up boy.”
To me the biggest fault in the American judicial system is the lack of review. We know that innocent people get railroaded regularly. Even the death penalty is not enough to induce people to act correctly. When wrongful convictions are exposed the system that made it happen is never, reviewed, never corrected. Nobody asks “How could we prevent this from happening again?”. So we continue to see cops, judges and lawyers make the same mistakes over and over piling up wrongful convictions and letting the real perps walk.