Evidence — adverse inference, forced confession

Posted April 18, 2018 12:59 PM

Where the Illinois Torture Inquiry & Relief Commission finds sufficient evidence of a coerced confession to warrant judicial review and the sole witness accused of being present during the torture invokes the Fifth Amendment when asked whether he or others tortured the defendant, the court should make an adverse inference against the witness.The 1st District Appellate Court reversed and remanded decision from Cook County Associate Judge Neera Walsh.On Dec. 22, 1989, Lloyd Benjamin and Hunter Wash were shot and killed …

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