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how we look to others
#1
When Facts Bow to Authority: The Juan Rivera Jury Trial
by daddy4mak
Share this on Twitter - When Facts Bow to Authority: The Juan Rivera Jury Trial Sat May 09, 2009 at 10:13:15 AM PDT
The cops claim that on the night of August 17th, 1992, 11 year old Holly Staker invited eighteen year old Juan Rivera to her home (where she was baby sitting 2 kids) to have sex with him.

They also claim that when he failed to "perform" in bed, she made fun of him. This, according to the claim, enraged him so much so that he got a kitchen knife and stabbed her to death.

All they have for proof is a confession after four days of questioning. The questioning wasn't video taped (according to the cops, at the request of Juan Rivera), and the cops have "lost" the notes they kept during his questioning.

Juan Rivera has an IQ of 79 and claims to have no recollection of the crime.

So the only evidence convicting him is a signature that he put on a typed confession, that and the testimony of four retired cops.

The evidence of his innocence is overwhelming.

He was convicted in his 3rd trial yesterday.

daddy4mak's diary :: ::
Here is the evidence (most of it not disputed by prosecutors) of his innoncence

The DNA evidence shows some other man's semen on Holly Staker.
Rivera, 36, was able to force another trial after advanced DNA testing revealed in 2005 that semen found in the girl's body could not have come from him. His lawyers said that meant someone else must have killed her.

Prosecutors downplayed that evidence, however, suggesting the girl might have had sex with someone else before she met Rivera or that the sample had been contaminated.

link

He had a rock solid alibi, and no evience shows that he was at Holly Staker's house
An electronic home-monitoring device he was wearing while awaiting trial for burglary puts Rivera at home at the time Holly was raped and killed at a baby-sitting job. A fingerprint analysis of the crime scene, which he requested, does not implicate him.

link

The confession doesn't seem like he was capable of writing it
Detectives questioned him over four days before he signed two confessions, saying Holly had invited him into the home where she was baby-sitting and had sex with him. When she mocked his performance, according to the statements, he stabbed her to death. His lawyers have consistently argued that the confessions used words that were beyond the vocabulary of a defendant with an IQ of 79. They have also suggested that police hinted at the details they wanted to hear as they relentlessly questioned Rivera.

link

I do not see how this man could be convicted of murder. The whole story seems completely ludicrous. . .what kind of 11 year old baby sitter invites an 18 year old over for sex? What kind of individual of an IQ of 79 then proceeds to remove ALL physical evidence of this crime?

I was questioning why Drew Peterson's story is attracting so much attention and my wife said it was because it had aspects of an entertaining novel "sex" and "mystery."

This story has all that and more, why would the cops push such a story, why would the prosecutors even go after this man despite so much evidence to the contrary, why would the jury convict after seeing so much evidence?

Why isn't this story getting the media attention it should?

Illinois is the state where a Republican governor (Jim Ryan) suspended the death penalty after a string of nine death row inmates were shown to be innocent using DNA evidence in the late 90s (nearly all had "confessed" to their crimes).

Thankfully, the Illinois legislature now requires the video taping of all confessions (thanks, in part, to a little known state senator with a weird name)

In this case, the only evidence is the testimony of four cops who pressured the confession out of this (then) teenager. The jury believed them over the overwhelming evidence of this man's innocence.
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#2
yeah, yeah, he's innocent, sure.

The thing is based on your posts on town you are a bleeding heart liberal and your first reaction is that of course he is innocent. So you're viewpoint will need a little salt for me.

I am not saying for sure he is guilty and I am not saying for sure he is innocent. If you were not in the courtroom and heard everything the jury did then you cannot come out and say he is innocent.

All I know is that I wasn't in that courtroom seeing and hearing the evidence. I doubt you sat in on the whole trial if any of it. Did you sit on on the 1st two trials as well?

36 jurors said he was guilty (12 jurors x 3 trials) so based on our judicial system which isn't perfect but the best around then I am leaning towards guilty.
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#3
<!-- m --><a class="postlink" href="http://www.suburbanchicagonews.com/newssun/news/1565164,rivera-verdict-guilty-050909.article">http://www.suburbanchicagonews.com/news ... 09.article</a><!-- m -->

The News Sun article about this has 15 pages of comments.
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#4
How Waukegan looks to others? In a negative light. We all in here do a very good job of illuminating all of Waukegan's negatives here. Despite working in Waukegan, I am the only person in my company who lives in Waukegan. When the topic does come up, Why living in Waukegan? I cite walking/cycling to work in good days. my co-workers cite bad schools, citizen infighting and no internal harmony.

So despite walking to work, and possibly sending the kids to private schools, the problems still standing is infighting and internal harmony.
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#5
Hi Newt. Your obvious sympathies to a 3 time convicted murderer, is once again proof that Sanctuary Bob II has no idea what he is doing. The fact that you are now Waukegan's chief officer of the court in unbelievable, and in case you have forgotten, Rivera was caught and convicted on the evidence developed by the police department you now represent.
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#6
aliotakirk Wrote:Hi Newt. Your obvious sympathies to a 3 time convicted murderer, is once again proof that Sanctuary Bob II has no idea what he is doing. The fact that you are now Waukegan's chief officer of the court in unbelievable, and in case you have forgotten, Rivera was caught and convicted on the evidence developed by the police department you now represent.
It sounds like you are suggestion that Newt, because he is now the city's corporation council, look the other way when police do wrong? I remember a few years back Newt handed me a transcript of the interrogation and confession. It was eye opening to say the least. I know Newt pretty well and I'll venture that Newt is probably more intimately familiar with that case than any one of us who post on this forum. Don't forget, it still is entirely possible that Rivera is innocent of the crime he was charged with. I myself have been the victim of police lies. I have, more than once, witnessed a police officer lie under oath on the witness stand. 100% sure of this... no doubt whatsoever. Once that happens it becomes much easier to doubt anything police do. Don't get me wrong. There are lots of good police. It's the bad ones who cause whole departments to be corrupt. I think sometimes the problem with jurors is they not only believe that most police can do no wrong but that they want to believe it even if they know it isn't true. It's kinda like tellin a young child that Santa is really a crook. For most jurors the police represent the line between order and chaos and to go against that in any way is an area they don't want to go. I believe we, as a society, are more fearful of authority than ever before. We had a president who tried to exacerbate that fear by saying "either you are with us or you are against us". Don't speak out or you will be sorry. How un-american.
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#7
It's not "still entirely possible" that Rivera is innocent. He was just convicted for the 3rd time, that's 3, and Newt as an officer of the court and Waukegan's city attorney should accept the verdict and move on. You can't have it both ways, either you're a representative of the City of Waukegan or you're a leftist loose cannon community organizer, if Newt doesn't know the difference he should resign the position. This appointment was a mistake, our new Mayor should rescind the appointment and admit he had a moment of weakness.
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#8
aliotakirk Wrote:It's not "still entirely possible" that Rivera is innocent. He was just convicted for the 3rd time, that's 3, and Newt as an officer of the court and Waukegan's city attorney should accept the verdict and move on. You can't have it both ways, either you're a representative of the City of Waukegan or you're a leftist loose cannon community organizer, if Newt doesn't know the difference he should resign the position. This appointment was a mistake, our new Mayor should rescind the appointment and admit he had a moment of weakness.
On a logical level I can't buy your certainty about Rivera's guilt. It is not possible for you or any jury to know with 100% certainty if Juan Rivera killed Holly Staker. And I know that statement to be true with 100% certainty. There are only three possible people who know, with 100% certainty, if Juan Rivera killed Holly Staker. One of those people, Holly, is dead. Another is Rivera and the third one is the possible real killer who may or may not still be alive.
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#9
Danno Wrote:........ I myself have been the victim of police lies. I have, more than once, witnessed a police officer lie under oath on the witness stand. 100% sure of this... no doubt whatsoever. Once that happens it becomes much easier to doubt anything police do. Don't get me wrong. There are lots of good police. It's the bad ones who cause whole departments to be corrupt. I think sometimes the problem with jurors is they not only believe that most police can do no wrong but that they want to believe it even if they know it isn't true.............

I have seen the same situation with the Waukegan School District. They lied under oath, board meetings etc., etc. Leadership has corrupted the administration, board attorney and board. And most importantly, some citizens on this board want to believe that the administration, board attorney and board can do no wrong, even when they know they are corrupt.

All you can do it hope that through this forum and other methods people will start questioning elected representatives and their appointees.

Danno - Why don't you run for office in Waukegan?
Injustice anywhere is a threat to justice everywhere / Our lives begin to end the day we become silent about things that matter / Injustice must be exposed, with all the tension its exposure creates - Martin Luther King Jr.
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#10
Danno Wrote:On a logical level I can't buy your certainty about Rivera's guilt. It is not possible for you or any jury to know with 100% certainty if Juan Rivera killed Holly Staker. And I know that statement to be true with 100% certainty. There are only three possible people who know, with 100% certainty, if Juan Rivera killed Holly Staker. One of those people, Holly, is dead. Another is Rivera and the third one is the possible real killer who may or may not still be alive.

I wonder how OJ's search is going?
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