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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
60 years |
Years Imprisoned: |
5 |
Year Crime: |
1989 |
Year Convicted: |
2014 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Illinois |
County or Region of Crime: |
Cook |
City of Crime: |
Chicago |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Michael Escort was wrongly convicted in 2014 of murdering Mary Smith in Chicago, Illinois on October 3, 1989. Smith, 33, was a drug user who was working as a prostitute. Smith was beaten and strangled, and her death was unsolved for more than a decade. In July 2011 the Chicago Police Department cold case unit submitted two vaginal swab sticks, two rectal swab sticks, and two oral swab sticks collected from Smith for DNA analysis by Cellmark Forensics laboratory. The tests resulted in identification of DNA from a number of different sources, but only two in which enough DNA was recovered to identify a profile: Those were identified as "Unknown male number 1" and Unknown male number 2." The Illinois State Police crime lab uploaded the profiles to the FBI's national CODIS DNA database. A match resulted for "Unknown male number 1", who was identified as Michael Escort. At the time Escort was in prison in Illinois for unrelated convictions of aggravated criminal sexual assault and aggravated kidnapping conviction. Escort agreed to have additional DNA samples taken from his cheek and lower lip. Further testing identified that Escort's DNA matched sperm recovered from the vaginal swabs. However, his DNA did not match a sample from the semen stain on Smith's pants, and his DNA did not match sperm recovered from Smith's pantyhose, so he was excluded as the source of that DNA. Escort denied having anything to do with Smith's murder. He was "arrested" for Smith's murder on December 6, 2012 -- although he was already in prison -- and on January 3, 2013 he was indicted by a grand jury with murder and felony murder for which the predicate felony was criminal sexual assault. The trial judge granted – over Escort's objection – the prosecution’s pre-trial motion to introduce admission of "bad character" evidence that in 1991 he had been convicted in an unrelated case of aggravated criminal sexual assault of his then girlfriend's 13-year-old daughter. The judge ruled that the probative value of the "bad character" evidence outweighed its prejudicial impact. At trial the State's case was based on the DNA evidence that proved sometime within 72 hours of Smith's death she had sex with Escort -- and she worked as a prostitute -- and the "bad character" evidence of his 1991 conviction. It was brought out during cross-examination of the State's witnesses that the DNA of an undetermined number of other men was also identified from the sperm recovered from Smith, and that Escort's DNA didn't match the sperm found on her pants and pantyhose, which would be likely places her killer would have deposited his sperm. At the conclusion of the State's case Escort's lawyer made a motion for a directed verdict, "arguing that the State’s evidence proved only that he had sexual relations with the victim, but not that he had murdered her. The trial court denied the defendant’s motion, and the defendant then rested without introducing any evidence." After the jury found Escort guilty, the judge denied his motion for a verdict of acquittal. Escort was subsequently sentenced to 60 years imprisonment. Escort appealed. On November 22, 2017 the Illinois Appellate Court, First District unanimously reversed Escort's convictions on the basis the prosecution failed to introduce sufficient evidence he committed Smith's murder. The Court's ruling stated: "¶ 21 Distilled to its finest, the State’s evidence could reasonably support only a determination that the defendant had sexual relations with the victim at some time during the 72-hour period prior to her death. It would be pure speculation to conclude that the defendant and the victim had sexual relations shortly before her death or that he was the last person to see the victim alive. However, guilt may not rest on speculation. People v. Martin, 26 Ill. 2d 547, 551 (1963). ¶ 22 Our examination of the record in this case leads us to conclude that the evidence introduced by the State was so weak as to create a reasonable doubt on the issue of whether the defendant committed the murder of Mary Smith. Consequently, we reverse the defendant’s conviction and sentence ..." State of Illinois v. Michael Escort, 2017 IL App (1st) 151247 (Ill. Appellate Ct., 1st Dist., 11-22-2017) Escort's retrial was barred by the court's ruling. The charges were dismissed and Escort was released from prison on December 1, 2017." |
Conviction Caused By: |
Jury's erroneous reliance on the DNA evidence as dispositive of Escort's guilt. |
Innocence Proved By: |
"On November 22, 2017 the Illinois Appellate Court, First District unanimously reversed Escort's convictions on the basis the prosecution failed to introduce sufficient evidence that he had committed Smith's murder. The Court's ruling stated: "¶ 21 Distilled to its finest, the State’s evidence could reasonably support only a determination that the defendant had sexual relations with the victim at some time during the 72-hour period prior to her death. It would be pure speculation to conclude that the defendant and the victim had sexual relations shortly before her death or that he was the last person to see the victim alive. However, guilt may not rest on speculation. People v. Martin, 26 Ill. 2d 547, 551 (1963). ¶ 22 Our examination of the record in this case leads us to conclude that the evidence introduced by the State was so weak as to create a reasonable doubt on the issue of whether the defendant committed the murder of Mary Smith. Consequently, we reverse the defendant’s conviction and sentence ..." State of Illinois v. Michael Escort, 2017 IL App (1st) 151247 (Ill. Appellate Ct., 1st Dist., 11-22-2017) Escort's retrial was barred by the court's ruling. The charges were dismissed and Escort was released from prison on December 1, 2017." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
52 |
Age When Released: |
57 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"State of Illinois v. Michael Escort, 2017 IL App (1st) 151247 (Ill. Appellate Ct., 1st Dist., 11-22-2017)" |
Information Location 1: |
http://www.illinoiscourts.gov/Opinions/AppellateCourt/2017/1stDistrict/1151247.pdf |
Information Source 2: |
"Family grieves after appeals court tosses conviction in Englewood woman's 1989 slaying, By Steve Schmadeke, Chicago Tribune, December 30, 2017" |
Information Location 2: |
http://www.chicagotribune.com/news/local/breaking/ct-met-cold-case-murder-conviction-overturned-20171229-story.html |
Information Source 3: |
"DNA links 1989 murder to Stateville inmate, By Rosemary Regina Sobol, Chicago Tribune, December 9, 2012" |
Information Location 3: |
http://articles.chicagotribune.com/2012-12-09/news/chi-chicago-crime-1989-murder_1_dna-links-stateville-inmate-escort |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org