Charges dropped in Elgin duct tape murder

A Kane County judge today threw out murder charges against a Chicago man who was initially convicted of a 1993 Elgin slaying because of his supposed lip prints on a piece of duct tape at the crime scene.

Judge Timothy Sheldon told Lavelle L. Davis "congratulations" after dismissing the charges.

Charles Colburn, a special prosecutor assigned to the case, petitioned to have the charges dropped.

Davis, now 35, was convicted in 1997 of murdering 30-year-old Patrick Ferguson at what is now the Buena Vista Apartment complex in Elgin and sentenced to 45 years in prison.

In 2006, Sheldon ordered a new trial and an appellate court agreed with him a year later.

The lip print was the key piece of physical evidence that led to Davis' 1997 conviction. But unlike fingerprints, lip prints no are longer considered valid by the courts, forensic experts and the FBI.

"We're elated that justice has finally come. It's taken a long time," said David Koropp, partner with the Chicago-based Winston & Strawn, who represented Davis pro bono for Davis' appeal and new trial. "Lavelle has persevered all these years. He knew he was innocent."

An appellate court panel also ruled in November 2007 that Davis deserved a new trial because his defense attorney was ill during the first trial and also did not bring in experts to dispute the duct tape evidence.

During his trial, Davis maintained he was in Chicago at 5 p.m. Dec. 18, 1993, when Ferguson was hit by a shotgun blast in front of his son outside the apartments.

Prosecutors argued Davis was the trigger man and used the roll of duct tape, which police found near the scene, to rehearse how he would gag Ferguson during a drug-related robbery.

Colburn, the special prosecutor, could not immediately be reached for comment.

Koropp said Davis had been free on bond since a new trial was ordered and plans to attend college and earn a degree.

Staff writer Josh Stockinger contributed to this story.