Lake County prosecutors have filed a motion asking that the conviction of a man in a 2000 fatal beating be vacated and a new trial ordered.
In a motion filed last week, prosecutors acknowledged key issues with the evidence and police procedure that call into question the conviction of Marvin Williford, who is serving an 80-year sentence for first-degree murder.
The State’s Attorney’s Office said it has conducted an investigation into Williford’s case and, “This investigation has led to the discovery of new scientific information — including by DNA and other science — as well evidence of police misconduct that ultimately warrant the vacatur of Williford’s conviction and sentence,” the motion said.
The motion agrees with main contentions of Williford’s attorneys from the Exoneration Project, who have been seeking a new trial for the defendant.
State’s Attorney Eric Rinehart declined to comment on the motion, and attempts to reach Williford’s lawyer were unsuccessful.
Williford, 53, was found guilty of the murder of Delvin Foxworth, who was beaten with a 2×4 by three men in his North Chicago apartment in January of 2000. Foxworth was sprinkled with a flammable substance and set on fire. Foxworth survived the attack, but died two years later.
Williford was arrested in 2004 and found guilty, though he maintained his innocence.
The Exoneration Project contended in court filings that Williford was misidentified as one of the three men involved in the attack. Project officials also said DNA evidence conducted on the 2X4 did not have any DNA from Williford. A sample from the wood, however, matched DNA taken from murder victim Holly Staker, an 11-year-old who was sexually assaulted and murdered in 1992, according to the filing.
Williford’s attorneys also say that a police officer may have acted with malice toward Williford out of jealousy because the officer and Williford were involved in a relationship with the same woman.
“It is often difficult for juries to think that police would have a reason to pursue a suspect who is innocent,” the motion said. “But the type of previously-suppressed evidence here — revenge for having sex with someone’s sexual partner — is the type of classic tale that would make sense to a jury and have impeached the officers.”
If Williford’s conviction is overturned, prosecutors could choose to re-charge him and try him again, or they could drop the case. The case is due back in court in February.