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Prosecutors look at professor
They want to know if his students skewed findings on inmate's innocence
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Published: November 9, 2009
CHICAGO - A Northwestern University professor and journalism students who spent three years investigating the case of a man convicted in the 1978 killing of a security guard believe they have evidence that shows prosecutors put the wrong man behind bars. But in the quest to prove his innocence, they may have to defend themselves, too.
Cook County prosecutors outraged the university and the journalism community by issuing subpoenas to professor David Protess asking for his students' grades, his syllabus and their private e-mails. Prosecutors say that because the team was made up of students, they may have been under pressure to prove the case to get a good grade.
It's a first for Protess and his investigative reporting students, who have helped free 11 innocent men from prison, including death row, since 1996. Their work also is credited with prompting then-Gov. George Ryan to empty the state's death row in 2003, reigniting a national debate on the death penalty.
"Why are we talking about our grades when we should be talking about whether there's an innocent man in prison?" said Evan Benn, a former Protess student mentioned in the state's subpoena. None of the students has been individually subpoenaed.
The prosecutor's office -- led by Anita Alvarez, who last year was elected Cook County state's attorney on a reputation for toughness -- said it's being thorough, and wants to determine if students may have skewed their findings to get a good grade.
"It's been framed as a witch hunt or a fishing expedition, and it's not," said Sally Daly, a spokeswoman for Alvarez. "We're engaging in a discovery process as we would in any criminal investigation."
Northwestern's lawyers filed a motion to quash the subpoenas, and the judge may act on that Tuesday, when a hearing is set for arguments about whether there should be a new trial in the case. In the prosecution's response, they argue that Protess and his students aren't journalists and therefore aren't protected by reporters' privilege.
John Lavine, the dean of Northwestern's Medill School of Journalism, finds the argument chilling.
"I don't think the prosecution in a criminal case ... or the defense ever ought to be able to say we decide who is a journalist," Lavine said. "They should never have that right."
Protess and his students spent three academic years investigating the case of Anthony McKinney, a suburban Chicago man serving a life sentence for killing a security guard in 1978. After interviewing witnesses and inspecting documents, they're convinced that McKinney had nothing to do with the murder.
Several witnesses told the students that they implicated McKinney in the murder only after they were beaten by police. Northwestern's legal clinic filed a petition for a new trial.
Prosecutors conceded a hearing was warranted but also sought all the students' notes, unpublished memos and reimbursements for their expenses. Daly says the subpoenas are justified because of information that Alvarez's office has uncovered.
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