Archive for the ‘Wrongful Convictions’ Category


Richard Wanke has recently submitted a Writ of Certiorari to the United States Supreme Court. The appeal filing was due this week after an extension was granted by the Court due to the COVID-19 pandemic. The Writ was authored by the defendant pro se, meaning an attorney has not been appointed in this appeal thus far. Due to delays, the Clerk of the Court has indicated that in may be some time before a decision is rendered. The Court has assigned the appeal case number 20 – 5519 and the proceedings can be followed (here) and the Writ of Certiorari can be read here: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-5519.html.

 

• A Writ of Certiorari asks the US Supreme Court to review legal disputes. The US Supreme Court is asked to review a large number of issues but only accepts for review about 1% of the cases submitted to it. The chance of Richard Wanke’s (or any defendant’s) Writ of Certiorari being accepted by the US Supreme Court is miniscule. While there are many issues of appeal in most criminal cases, the courts work to narrow review down to only a few issues in each case. A Writ of Certiorari is really the “Hail Mary” of the criminal appeal process and the last stage of trying to appeal issues present in court records. Most criminal appeals don’t win at this point but at the next stage, in a Post-Conviction Petition where the defendant, for the first time, has the chance to raise the issues which are NOT documented in the case record but which probably most directly resulted in the conviction.

 


http://wglt.org/post/suspect-convictions-episode-3-does-modern-forensics-undercut-sex-assault-motive (Click here)

Scott Reeder and Willis Kern get caught up in this episode discussing the emotionally charged allegation that Christina McNeil was sexually abused before death. The sensationalism of his allegation would certainly have swayed anyone towards convicting Barton McNeil. Yet there was no DNA, no penetration; just a little redness, swelling, and slight blood found in connection with her body. Remember too that police initially regarded Christina’s death as natural. Was her body injured when examined or samples were taken? Body orifices swell after death & Chrisina‘s was nearing rigor mortis.

Prosecutors didn’t charge Barton McNeil with sexual assault, so it’s likely they knew the evidence wasn’t strong enough to support them doing so, but the allegation was used at his trial. Yet, no one, especially Christina’s conscientious mother Tita saw any signs of abuse. We think it’s most likely that Christina was not sexually abused before she died. Reeder and Willis should have discussed how prosecutors were even able to raise this claim or suggest it at trial and how the court allowed it. We think this claim has little credibility. It’s credible to believe that Christina was killed by someone; an intruder, or possibly Misook Knowlin. Suffocating her quietly is possible. It really stretches credibility to believe that the person who killed her also sexually abused her at the same time. Attention is focused on her parents, and we seriously doubt either had a motive to do so.  Hopefully Reeder and Willis will spend time discussing the latitude prosecutors have in raising at trial inflammatory issues like this and using them to convict on slim or no evidence.

More critical is what Reeder mentions happened to Christina’s body: that it was cremated before a defense pathologist could examine it & that the court and Barton’s lawyer both agreed to this.If Barton’s lawyer was a party to this, that supports Barton McNeil’s claim that his attorney failed to represent him properly. Basically, by not opposing immediate cremation and ensuring the pathologist inspected the body, Barton’s attorney allowed the “spoliation” (or destruction) of critical and potentially exculpatory evidence against Barton McNeil.


This is the 2nd episode of Scott Reeder’s Suspect Convictions Podcast detailing the 1998 Bloomington, IL murder case of 3-yr old Christina McNeil. Her father was convicted of her murder and sentenced to life in prison. He is fighting for his exoneration with the help of the IL Innocence Project.

Suspect Convictions Episode 2 (Click on this link)

  NOV 3, 2017

GLT is partnering with the true crime podcast Suspect Convictions to explore the 1998 murder of 3-year-old Bloomington girl Christina McNeil.

Her father was convicted of the crime but has long maintained his innocence, claiming that an ex-girlfriend was the real killer—the same woman later convicted in a separate murder. New episodes air Fridays on GLT’s Sound Ideas. You can also subscribe to the podcast.

A simple window screen and some spider webs may be the clues that exonerate a convicted murderer.

Christina McNeil, 3, who was found dead in her father’s apartment.

Christina McNeil’s lifeless body was found in her father Barton’s Bloomington apartment on June 16, 1998. Barton McNeil argued that cuts in the window screen were proof that someone broke in, killed Christina and snuck out. A judge convicted him anyway, and Barton is now in prison for the crime.

McNeil’s conviction is the focus of Season 2 of Suspect Convictions, a joint reporting project between GLT and investigative journalist Scott Reeder. McNeil maintains his innocence and claims his ex-girlfriend is the real killer. McLean County prosecutors say the right man is behind bars.

The Illinois Innocence Project (IIP) has taken up McNeil’s case and is expected to file motions this fall in hopes of winning him a new trial. John Hanlon, IIP’s executive and legal director, said they’ll introduce new evidence that disproves the prosecution’s claim that Christina was sexually assaulted prior to her death, by showing that “artifacts” found on her body were not indicators of assault.

“This case is a priority for us for one reason, because we’re absolutely certain that Bart McNeil is innocent of this crime,” Hanlon said. “At the end of the day, a judge is going to be hard-pressed to say anything, but this was not a sexual assault situation.”

Episode 2 of Suspect Convictions, which debuted Nov. 3 on GLT, closely examines the window in the bedroom where 3-year-old Christina was killed.

McNeil told police the day of the murder he suspected his ex-girlfriend, Misook (Wang) Nowlin, snuck into his apartment and killed Christina. That theory has taken on new resonance after Nowlin was convicted in 2012 of killing her mother-in-law. Nowlin is currently serving a 55-year prison sentence. She could not be reached for comment.

Barton McNeil is serving his prison sentence at Menard Correctional Center in southern Illinois.
CREDIT ILLINOIS DEPARTMENT OF CORRECTIONS

Prosecutors claimed spider webs found on the window prove an intruder couldn’t have used that as an entrance, as that would’ve disrupted the webs. McLean County State’s Attorney Jason Chambers’ office has reviewed the case and come to the same conclusion as his predecessor did: McNeil is guilty.

“As I read through it with an open mind and objectively, I became convinced that the conviction was correct,” said Mary Koll, an assistant state’s attorney in Chambers’ office. “I just think (the spider web) is one piece of the puzzle, and it’s one more thing that goes to the common-sense argument that what (McNeil is) suggesting happened here simply could not have.”

The existence of spider webs on the window when police investigated the crime scene doesn’t mean someone didn’t break in, said Todd Blackledge, a biology professor at the University of Akron who’s studied spider webs.

Certain spiders can spin webs relatively quickly, in as little as a half-hour, he said. Others take days.

“There’s a lot of ambiguity. I would not feel comfortable saying a spider web precludes the possibility that window screen was opened that night. I’d need more information,” Blackledge said.


  9 HOURS AGO

WGLT, Bloomington-Normal’s public media, is partnering with the popular true crime podcast Suspect Convictions to explore the 1998 murder of a 3-year-old Bloomington girl, Christina McNeil.

Barton McNeil was convicted of killing his daughter, Christina, but has long maintained his innocence. He says his ex-girlfriend was the real killer—the same woman who 13 years later was convicted in a second McLean County murder. Now serving a life sentence in a southern Illinois prison, McNeil is pursuing exoneration with help from the Illinois Innocence Project.

Season 2 of Suspect Convictions will focus on the McNeil case. Each episode of Suspect Convictions will be broadcast during GLT’s Sound Ideas every Friday at noon and 6 p.m., starting Oct. 27. The podcast will also be available through popular apps like Apple iTunes and Stitcher. Every episode and additional materials will first be available at WGLT.org.

Each episode of Suspect Convictions will be broadcast during GLT’s Sound Ideas every Friday at noon and 6 p.m., starting Oct. 27.

Suspect Convictions producer Scott Reeder will partner with GLT News Director Emeritus Willis Kern on Season 2. The show’s successful first season, chronicling a 1990 Quad Cities murder, was a joint production with WVIK Quad Cities 90.3 FM.

“Scott’s partnership with fellow public radio station WVIK in the Quad Cities for the show’s first season was a great success,” said GLT general manager R.C. McBride. “WGLT is the perfect home for this kind of in-depth journalism. I know our audience will look forward to hearing and reading the work, and I hope this platform provides an opportunity for the GLT news team’s work to find a new audience.”

Reeder is a veteran freelance journalist based in Springfield.

“After 30 years in the news business, I’m honored to work with a journalist of the caliber of Willis Kern. He is a man of integrity and skill,” Reeder said. “Together we will explore intricacies of the murder of Christina McNeil and provide our listeners with differing perspectives on the evidence. We hope to honor the memory of this precious, little girl and help ensure justice is done.”

GLT’s Sound Ideas, the station’s flagship newsmagazine show, airs at noon and 6 p.m. every weekday. It also streams at WGLT.org and is available on the NPR One app.

Suspect Convictions’ first season is available at SuspectConvictions.


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Covid has increased inmate release from jails and prisons only a little. Much remains to be done to correct conditions inside and to improve medical care. To access our page regarding current information for Coronavirus in our jails and prisons, please follow and click the red link here>>

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The case information about Richard Wanke is password protected. Please email us at freerichardwanke@gmail.com in order to gain access to the information. Please feel free to add your comments as you read. 

Richard Wanke was found guilty at a jury trial in March 2017, and given a natural life sentence. He is presently at the Menard Correctional Center in Chester, IL.

Richard’s conviction was upheld by the IL Appellate Court in November 2019. His initial Post-Conviction petition was recently accepted in Winnebago County Court. A thorough of evidence shows there is NO basis for Richard’s conviction. Richard will need assistance by conflict-free counsel (which Winnebago County, IL is unlikely to provide him with) to proceed on his post-conviction petition. We ask that you please lend any pro bono assistance to Richard or consider a court appointment. We will sincerely welcome your help. Please please contact us at freerichardwanke@gmail.com, or directly at (779) 348 – 2487. Other interested parties who can help publicize Richard’s case may also contact us via freerichardwanke@gmail.com. We also welcome Facebook readers of richardwanke and injustice everywhere to this site. 

Attention: Like so many other wrongfully convicted persons in IL, Richard Wanke, now has to prove his innocence after conviction. It’s very difficult for those who are innocent and wrongfully convicted to overturn convictions. For this reason, to help publicize their individual efforts and to help educate the public about the extent of wrongful convictions in IL, we’ve set up a Facebook page at the address below to post articles, podcasts, and discussions about wrongful convictions. We also welcome your participation on our Facebook page:

Talk: Suspect Convictions, at https://www.facebook.com/nolawforinnocence/