People v. Gonzalez
2016 IL App (1st) 141660
| Ill. App. Ct. | 2017Background
- In 1999 Tony Gonzalez was convicted of first-degree murder and two counts of attempted murder based primarily on eyewitness identifications by Luis Marrero and Yesenia Rodriguez; convictions were later affirmed after a 2003 retrial.
- Detective Reynaldo Guevara investigated the case, showed Marrero a six‑photo array (Gonzalez’s photo had a white background and visible numbers), and later conducted a live lineup in which both witnesses identified Gonzalez.
- Gonzalez filed a pro se postconviction petition (2009) asserting actual innocence based on news of Guevara-related misconduct; this court reversed a first-stage dismissal and remanded for second-stage review.
- Amended petition alleged (1) newly discovered evidence of Guevara’s pattern of coercing/manipulating identifications supporting a freestanding actual-innocence claim, and (2) a Brady violation for failure to disclose Guevara complaint history; attached exhibits documented Guevara misconduct in other cases but contained no affidavits from Marrero or Rodriguez about this case.
- The trial court dismissed the amended petition at second stage for failure to make a substantial showing and lack of supporting affidavits; the appellate majority affirmed, while the presiding justice dissented, urging a third-stage evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Freestanding actual innocence based on newly discovered evidence | Gonzalez: evidence of Guevara’s pattern of framing suspects is new, material, noncumulative and would probably change the result on retrial | State: evidence shows misconduct in other cases but no evidence Guevara acted improperly in Gonzalez’s case; petition lacks affidavits tying misconduct to this prosecution | Dismissed — cannot use other‑cases evidence to supplement a freestanding innocence claim; petitioner failed to present new, case‑specific corroboration or required affidavits |
| Brady violation (failure to disclose impeachment evidence about Guevara) | Gonzalez: prosecution suppressed Guevara complaint history and other exculpatory/impeaching material that would have undermined identifications | State: no proof the prosecutor possessed undisclosed, case‑specific impeachment material; even if known, the evidence of other cases is not sufficiently material to change the outcome | Dismissed — no showing the State possessed or suppressed case-specific Brady material or that other‑cases evidence was sufficiently material to affect the verdict |
| Sufficiency of attachments / Section 122‑2 compliance | Gonzalez: attached extensive exhibits documenting Guevara misconduct in other cases; asserted inability to secure witness affidavits without discovery | State: petition lacked required affidavits, records, or explanation of absence; generalized exhibits insufficient | Dismissed — failure to attach affidavits or show why they were unavailable is fatal at second stage absent case‑specific corroboration |
| Use of adverse inference from Guevara invoking Fifth Amendment in other proceedings | Gonzalez: Guevara has invoked Fifth in other depositions, which casts doubt on his conduct and supports need for hearing | State: any Fifth Amendment invocations in other matters do not demonstrate misconduct in this case; Gonzalez did not include those deposition transcripts | Dismissed — allegations about Fifth‑amendment invocations were unsubstantiated in the petition and not tied to this prosecution |
Key Cases Cited
- People v. Washington, 171 Ill. 2d 475 (Ill. 1996) (standard for freestanding actual‑innocence claims: new, material, noncumulative evidence likely to change result)
- People v. Delton, 227 Ill. 2d 247 (Ill. 2008) (postconviction petitions must include affidavits, records, or explanation for absence to permit objective corroboration)
- People v. Orange, 195 Ill. 2d 437 (Ill. 2001) (generalized evidence of police misconduct in other cases is insufficient to prove coercion in a specific case)
- People v. Coleman, 2013 IL 113307 (Ill. 2013) (probability, not certainty, governs whether new evidence would likely change the result upon retrial)
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (prosecutor’s duty to disclose exculpatory and impeaching evidence)
- Kyles v. Whitley, 514 U.S. 419 (U.S. 1995) (imputes to the prosecution the knowledge of investigators for Brady disclosure purposes)