Q & A With ILCJE Founder, Attorney RM Stephenson

What is it about the case of Terrance Walker that caused you to represent him pro-bono, and, later, open the Illinois Center for Justice and Equality?

Terrance’s case is a travesty of justice. He was a fifteen year-old at the time of his arrest, and sixteen when he went to trial on two counts of first-degree murder. His court appointed attorney failed to prepare to represent him.

Judge Morrissey actually stated on the record that he found it “irrelevant” that his counsel had failed to prepare. Morrissey forced a 16 year-old to trial on two counts of first-degree murder with admittedly unprepared counsel. It is astonishing.

I do not know exactly how long his double-murder trial lasted, but I can read the transcripts from the entire trial in 11 minutes. 11 minutes. His counsel did not make an opening statement, did not call any witnesses, asked only 19 questions on cross-examination, some of which, as the Illinois Supreme Court found, actually bolstered the State’s case.

On top of that, Terrance sat in jail for 12 years without any review of his case because his counsel failed to file any post-trial motions or a notice of appeal, and the appellate court stonewalled his many attempts to secure his appellate rights.

Terrance’s case is not simply embarrassing; it represents the antithesis of a just process.

How did could this happen?

It did not help that Terrance happened to be an economically disadvantaged minority from the west side of Chicago. Economics and race continue to play a role in the criminal justice system.

Is Terrance Walker actually innocent?

Nobody knows if Terrance is guilty, not guilty, guilty of a lesser offense, or actually innocent because he has never had a fair trial.

The State’s evidence, and mainly I am referring to Terrance’s statement, lends itself to an obvious affirmative defense of self-defense. Of course, his unprepared counsel never raised self-defense.

Moreover, it is at least puzzling that Morrissey found Terrance guilty on one count of second-degree murder. All of the evidence indicates that Terrance was taken by two individuals that he feared, they threatened him and his family, at least one of them had shown Terrance a gun, and that both individuals were shot at roughly the same time. It seems that if it is second-degree to one it would be second degree to both. While the law allows for inconsistent verdicts, in this case it raises basic questions that must be answered. Lastly, I would note that the maximum sentence Terrance would have faced on second-degree would have been 20 years, of which he would have had to serve 10 years. He is currently in his 17th year of imprisonment.

What is the aim of the Illinois Center for Justice and equality?

It is to attempt to level the playing field. Specifically, it is our attempt to ease the economic burden of taking on these types of cases. We aim to provide lawyers with approximately 50% of a fair legal fee, and to provide funding for investigation. We do not have any paid staff, and we keep our overhead at a minimum. Consequently, every single dollar donated provides two dollars of legal work.

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