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Wrongly Convicted Database Record
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Charge: |
Murder and Arson |
Sentence: |
Life Imprisonment without possibility of parole |
Years Imprisoned: |
24.5 |
Year Crime: |
1984 |
Year Convicted: |
1988 |
Year Cleared: |
2012 |
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: |
"James Kluppelberg was wrongly convicted in 1988 of murder and arson in a fire that killed Elva Lupercio and her five children – Santos Jr. 10; Sonia, 8; Cristobel, 6; Yadira 4; and Anabel, 3 -- in Chicago, Illinois in March 1984. Kluppelberg falsely confessed under coercion by the Chicago PD, and although his confession was suppressed at trial it was what convinced the prosecution he was guilty. Erroneous expert testimony the fire was an arson. The prosecution's case was based on expert testimony the fire was arson, and snitch testimony that Kluppelberg confessed to him. Kluppelberg filed a post-conviction petition for a new trial based on new evidence that Kluppelberg's conviction was based on unreliable ("junk") arson science because the fire was not arson, his coerced confession, and perjurious testimony by the jailhouse informant who recanted his trial testimony was false and the prosecution promised him leniency in his burglary case if he lied. Kluppelberg's petition for a new trial was granted in 2012, and the motion of the Cook County State's Attorneys Office to dismiss the charges against him was granted and he was released. On August 5, 2013 Kluppelberg was granted a certificate of innocence that enabled him to file a claim for about $200,000 in compensation from the State of Illinois. Kluppelberg filed a federal civil rights lawsuit against the City of Chicago, the Chicago Police Department, and the officers who beat the confession out of him who worked under now-disgraced Chicago police Cmdr. Jon Burge. On January 9, 2018 it was publicly announced that Chicago and Kluppelberg agreed to settle his lawsuit for $9.3 million." |
Conviction Caused By: |
"Kluppelberg falsely confessed under coercion by the Chicago PD, and although his confession was suppressed at trial it was what convinced the prosecution he was guilty. Erroneous expert testimony the fire was an arson." |
Innocence Proved By: |
"Kluppelberg's petition for a new trial was granted in 2012, and the motion of the Cook County State's Attorneys Office to dismiss the charges against him was granted and he was released." |
Defendant Aided By: |
Represented in civil lawsuit by Chicago based law firm of Loevy & Loevy. |
Compensation Awarded: |
"$9.3 million (City of Chicago, 1-9-2018)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
21 |
Age When Released: |
45 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"City agrees to pay $9.3 million for wrongful conviction tied to Burge detectives, By Jason Meisner (Reporter), Chicago Tribune, January 10, 2018" |
Information Location 1: |
http://www.chicagotribune.com/news/local/breaking/ct-met-wrongful-conviction-jon-burge-20180110-story.html |
Information Source 2: |
"4 Months After Going Free, Wrongfully Convicted Man Still Searching For Job, By Brad Edwards, CBS (Chicago), September 18, 2012" |
Information Location 2: |
http://chicago.cbslocal.com/2012/09/18/4-months-after-winning-freedom-exonerated-man-still-searching-for-a-job/ |
Information Source 3: |
"Man wrongly convicted of fatal arson granted certificate of innocence: Man spent nearly 25 years in prison, By Steve Schmadeke (Reporter), Chicago Tribune, August 5, 2013" |
Information Location 3: |
http://articles.chicagotribune.com/2013-08-05/news/ct-met-kluppelberg-innocence-certificate-20130806_1_elva-lupercio-arson-james-kluppelberg |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org