DNA evidence not a slam dunk for Cook County prosecutors

November 29, 2011

Download Story
Cook County State's Attorney Anita Alvarez

Four men whose convictions were thrown out recently are going to have to wait a month and a half before they'll know if they're facing a retrial. 

They were convicted of the 1994 rape and murder of a prostitute in Chicago's Englewood neighborhood.  They were all teens at the time and they all gave confessions, but a judge threw out the convictions against the four men two weeks ago because new DNA evidence.

Cook County prosecutors now have to decide whether to drop the charges or retry the case. At a hearing Monday they asked a judge for more time to make that decision.

Defense attorney Joshua Tepfer says they're disappointed with the delay.

"We think the evidence speaks for itself. The DNA evidence is as exculpatory as you can get.  We believe they have plenty of information to make their decision, but we'll await their decision. But we expect them to dismiss the charges," Tepfer said.

Prosecutors are expected to announce their decision by mid-January. State's Attorney Anita Alvarez's office has not returned repeated calls for comment on this case.