Defense attorney testifies he was ineffective in North Chicago murder case
A hearing for a man convicted of a grisly murder in North Chicago who is seeking a new trial continued Wednesday with his original attorney testifying he provided an ineffective defense.
Well-known criminal defense attorney Jed Stone testified in Lake County circuit court in a post-conviction hearing in the case of Marvin Williford, formerly of Chicago, who was found guilty by a jury in 2004 of the murder of Delwin Foxworth.
Williford was found guilty of breaking into Foxworth's apartment in January 2000, beating him a wooden board, binding him with duct tape and using gasoline to set him on fire. Foxworth died in August 2002.
Williford has maintained his innocence and did not confess to the crime. His case has been taken up by the Exoneration Project at the University of Chicago law school.
In previous proceedings, lawyers for Williford said none of his DNA appeared at the scene of the attack; there is no forensic evidence or witnesses linking Williford to the crime; and that Foxworth did not die from burns he received at the time.
Wednesday's proceeding was a continuation of a hearing that began late last year before Judge Daniel Shanes, according to Lake County Assistant State's Attorney Ari Fisz. Last year, Shanes denied prosecutors' motion to dismiss the request for a new trial.
Prosecutors have maintained an eyewitness identified Williford and there was motive because Foxworth owed him $20,000.
Fisz said Stone's testimony and his cross-examination focused on the eyewitness identification.
"He (Stone) testified that he made a mistake before the trial by failing to file a motion to suppress identification," by the eyewitness, Fisz said. According to Fisz, Stone testified the omission made him "constitutionally ineffective." Stone could not be reached.
Fisz said the witness identified Williford from a photo lineup as one of the three men involved in the murder."
"Mr. Stone was claiming he made a mistake and was ineffective. Our position was that his failure to file the motion was a strategical decision, and therefore he was not ineffective in his representation of the defendant," Fisz said.
According to Fisz, Stone wrote an article for a law journal before the Williford trial saying it was critically important to file motions to suppress identification when appropriate.
Williford, who was sentenced to 80 years in prison, did not attend the hearing.
The proceeding was continued to May 15 when the defense DNA expert will finish testifying. Closing arguments would be at a date to be determined.