Attorney general starts statewide conviction-integrity unit to look at claims of innocence
There’s a famous legal maxim that dates back more than 250 years: “It is better that 10 guilty persons escape than that one innocent suffer.”
And now, those who believe they were wrongfully convicted of a crime they did not commit can ask the state attorney general’s office to take a look at their cases.
State Attorney General Kwame Raoul announced last week that he has started a conviction integrity unit.
It will investigate claims of actual innocence to determine whether new, credible evidence proves people may be serving time for crimes others committed.
“Wrongful convictions destroy lives, diminish faith in our criminal justice system, and put victims and the general public at risk, as true perpetrators of crimes are able to escape punishment,” Raoul said at a press conference.
He said his office has been working on the idea for five years with county state’s attorneys, appellate justices, the federal Justice Department and others to create the unit.
Kane County State’s Attorney Jamie Mosser is one of those supporters. She tried in 2020 to add an attorney to her office to deal specifically with conviction integrity requests, but did not receive funding.
“Now we have a great partnership in the attorney general’s office,” she told a county board committee last week.
She said it was “vitally important” to prosecutors’ offices to have someone independently look at cases, “to make sure our convictions are solid and that they are what they should be.”
The unit will review forcible-felony convictions. The case cannot currently be on appeal, or in the midst of post-conviction reviews in the circuit court.
If the CIU finds the evidence is either irrefutable or “satisfactorily compelling,” the unit will work with the local state’s attorney’s office to determine whether to seek relief from a conviction.
It will also study and collect data on the causes of wrongful convictions.
Applications are available in the law libraries of state prisons. More information can be found at llinoisAttorneyGeneral.gov.
We’ll note that Lake County State’s Attorney Eric Rinehart established a CIU in 2020, naming it after Juan Rivera, a man who was tried three times, from 1993 to 2009, on a murder case. Rivera’s third conviction was overturned and he was exonerated.
Lake County will maintain its own unit, a spokeswoman said. Overall, it has reviewed about 25 cases, and exonerated two men: Herman Williams and Robert Melock, who were both convicted of murder.
Cop shooting case
Three years ago, on an unusually warm November night, Bensenville police officer Steven Kotlewski was shot while responding to a family dispute.
He had barely stepped into the doorway and greeted Kiante Tyler and his mother before he was shot nine times, sustaining severe wounds to his legs, abdomen and arms. His body-worn camera showed part of Tyler during the shooting. Tyler was arrested and charged with attempted murder.
But the wheels of justice grind slowly. Tuesday, they moved some, as a court date was set for DuPage County Judge Joseph Bugos to decide whether Tyler is mentally fit to stand trial.
Last November, a different judge found that Tyler was not fit, and sent him to a state mental health hospital for treatment. It took the state three months to find Tyler a spot.
After a year, if a person is not deemed fit for trial, the defendant can ask a judge for a discharge hearing. Tyler’s attorney did so Tuesday, after the latest report from the Elgin Mental Health Center deemed Tyler still unfit.
But DuPage County prosecutors want to pump the brakes. They are disputing the report, and want another fitness hearing instead. Assistant state’s attorney Kathleen Rowe said it was clear from the report that Tyler does understand court proceedings. She also said treatment providers say Tyler “is not acting in his own best interests” regarding participating in his defense, Rowe said.
Rowe said the issue of fitness was raised twice earlier in the case, and a court services psychologist found Tyler was malingering, but fit. Tyler’s behavior in court one day last year prompted his attorney and the then-judge on the case to have a third evaluation, done by a different psychologist.
The fitness hearing is due to start Dec. 2.
Tyler’s relatives said, back when he was arrested, that they believe he had an undiagnosed mental illness, possibly brought on by ingesting cannabis that had been laced with a hallucinogen.
How the officer is doing
Meanwhile, we checked in with Kotlewski.
“Surviving such a traumatic experience has been incredibly challenging these past 3 years, and I’ve been focused on my physical and emotional recovery ever since. It’s been a difficult journey,” Kotlewski said in an email.
Kotlewski said he wants Tyler held accountable for his actions, but “at the same time, I genuinely hope he receives the help he needs to address whatever circumstances led to this tragic, violent act. This situation has profoundly impacted my life and those close to me, and I trust the justice system to ensure a fair and appropriate outcome.”
Kane sheriff election
The 2024 election is barely over, the 2025 election has just begun, but we’re already talking about 2026.
Kane County Sheriff’s Lt. Salvador Rodriguez will start his campaign to become the next Kane County sheriff with an announcement at 3:45 p.m. Saturday at the Sugar Grove Village Hall, 10 Municipal Drive, Sugar Grove.
Rodriguez is seeking the Democratic Party nomination.
Current sheriff Ron Hain has confirmed that he will not seek reelection. He was first elected in 2018.
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