lizzi0067
03-30-2004, 02:16 PM
City to pay $1.2 million in false conviction
By Dan Mihalopoulos and Gary Washburn
Tribune staff reporters
March 30, 2004
Chicago officials have agreed to pay $1.2 million to a man imprisoned 11 1/2 years for a murder he did not commit.
The City Council's Finance Committee voted unanimously Monday to approve settling a lawsuit filed by Miguel Castillo, 49, against the city and three police officers accused of framing him for a murder on the North Side.
Castillo was released from prison in September 2000 after his defense lawyers presented evidence showing he was in police custody on an unrelated burglary charge at the time of the crime in May 1988. The murder case was dropped, and then-Gov. George Ryan pardoned Castillo last year.
City officials decided to settle Castillo's suit because they feared a jury could order Chicago to pay him a far greater amount.
"We thought it would be a very difficult case to take to trial," said Jennifer Hoyle, a spokeswoman for Chicago's Law Department. "A jury is likely to be very sympathetic to someone who was in prison for such a long time for something he didn't do."
Aldermen earlier this month approved paying $1.25 million to settle a case brought by another man who was wrongfully convicted of two rapes at beauty shops on the South Side in 1990.
Castillo was convicted of murdering Rene Chinea, a 50-year-old Cuban immigrant whose body was found in a closet at his apartment. Castillo was found guilty in a bench trial by Cook County Circuit Judge John Morrissey in 1991 and was sentenced to 48 years in prison.
Named as defendants in Castillo's case, which was filed in federal court three years ago, were Officers Jose Zuniga and Roland Paulnitsky and former Officer Walter Cipun. Zuniga and Paulnitsky remain on active duty, a police spokesman said Monday.
According to the lawsuit, the officers beat Castillo during an interrogation at the Grand Central Area station in 1989. Castillo supposedly confessed in Spanish as Zuniga translated, but Castillo denies it.
Despite the settlement, Hoyle said the city and the three defendants deny the allegations.
Castillo lives in Chicago and is not formally employed, working the odd home-repair job, his attorney, Jeffrey Haas said.
Castillo will receive two-thirds of the payment from the city. The rest will go to his attorneys.
The state also will make a payment to Castillo under a bill signed into law March 5 by Gov. Rod Blagojevich.
Also Monday, the council's Police and Fire Committee advanced a measure that would ban use of cell phone cameras in cashier and automated teller machine lines.
A criminal with a camera has the technology to capture a number and expiration date on a card and transmit it to a confederate who "can be shopping five different places at one time" while the victim still is in line, said Ald. Leslie Hairston (5th).
The measure passed despite concerns by Chicago police officials that complaints could be lodged against banks and businesses that legitimately focus cameras on lines as a security precaution. Some aldermen also questioned the adequacy of the minimum fine, $5.
The council approved a prohibition against cell phone camera use in locker rooms this year.
By Dan Mihalopoulos and Gary Washburn
Tribune staff reporters
March 30, 2004
Chicago officials have agreed to pay $1.2 million to a man imprisoned 11 1/2 years for a murder he did not commit.
The City Council's Finance Committee voted unanimously Monday to approve settling a lawsuit filed by Miguel Castillo, 49, against the city and three police officers accused of framing him for a murder on the North Side.
Castillo was released from prison in September 2000 after his defense lawyers presented evidence showing he was in police custody on an unrelated burglary charge at the time of the crime in May 1988. The murder case was dropped, and then-Gov. George Ryan pardoned Castillo last year.
City officials decided to settle Castillo's suit because they feared a jury could order Chicago to pay him a far greater amount.
"We thought it would be a very difficult case to take to trial," said Jennifer Hoyle, a spokeswoman for Chicago's Law Department. "A jury is likely to be very sympathetic to someone who was in prison for such a long time for something he didn't do."
Aldermen earlier this month approved paying $1.25 million to settle a case brought by another man who was wrongfully convicted of two rapes at beauty shops on the South Side in 1990.
Castillo was convicted of murdering Rene Chinea, a 50-year-old Cuban immigrant whose body was found in a closet at his apartment. Castillo was found guilty in a bench trial by Cook County Circuit Judge John Morrissey in 1991 and was sentenced to 48 years in prison.
Named as defendants in Castillo's case, which was filed in federal court three years ago, were Officers Jose Zuniga and Roland Paulnitsky and former Officer Walter Cipun. Zuniga and Paulnitsky remain on active duty, a police spokesman said Monday.
According to the lawsuit, the officers beat Castillo during an interrogation at the Grand Central Area station in 1989. Castillo supposedly confessed in Spanish as Zuniga translated, but Castillo denies it.
Despite the settlement, Hoyle said the city and the three defendants deny the allegations.
Castillo lives in Chicago and is not formally employed, working the odd home-repair job, his attorney, Jeffrey Haas said.
Castillo will receive two-thirds of the payment from the city. The rest will go to his attorneys.
The state also will make a payment to Castillo under a bill signed into law March 5 by Gov. Rod Blagojevich.
Also Monday, the council's Police and Fire Committee advanced a measure that would ban use of cell phone cameras in cashier and automated teller machine lines.
A criminal with a camera has the technology to capture a number and expiration date on a card and transmit it to a confederate who "can be shopping five different places at one time" while the victim still is in line, said Ald. Leslie Hairston (5th).
The measure passed despite concerns by Chicago police officials that complaints could be lodged against banks and businesses that legitimately focus cameras on lines as a security precaution. Some aldermen also questioned the adequacy of the minimum fine, $5.
The council approved a prohibition against cell phone camera use in locker rooms this year.