How can the life of such a man
Be in the palm of some fool's hand?
To see him obviously framed
Couldn’t help but make me feel ashamed
To live in a land where justice is a game.
-Bob Dylan, "Hurricane"
When Johnnie Lee Savory is finally exonerated and the story of his fight for justice is written, there will be many troubling questions for our society to ponder.
Why in 1977 did the Peoria Police falsely accuse a 14-year-old boy for the murder of his best friend and his best friend’s sister and ignore the evidence that pointed to the victims' stepfather?
How were the Peoria Police able to hold Johnnie for 36 hours without a lawyer and then coerce him into signing a false confession, which the prosecution then used to secure a guilty verdict in Johnnie’s first trial?
How was the prosecution at Johnnie's first and second trial able to use misleading evidence and false testimony to convict a young boy of brutal crimes he did not commit?
But once Johnnie's innocence is established beyond doubt, perhaps the most troubling question will be placed on the shoulders of Peoria County State's Attorney Kevin Lyons.
Lyons says he is absolutely convinced that Johnnie is guilty of the crimes for which he spent 30 years in prison. Despite his confidence, Lyons refuses to order DNA tests that would conclusively establish Johnnie's guilt or innocence. Why?
There are compelling reasons to find Johnnie's case deserves DNA testing. Not only was DNA testing unavailable when Johnnie was tried, but the two pieces of evidence that were used to convict him rest upon a crumbling foundation.
Two witnesses who testified at Johnnie second trial that Johnnie had told them he committed the murders have since recanted their testimony, saying under oath that the Peoria police had pressured them to lie.
The only other piece of evidence was Johnnie’s father’s bloody pants. The pants were several sizes too big for Johnnie, and Johnnie’s father had told the jury that the blood was from a prior injury he had received. The jury chose not to believe Johnnie’s father. DNA testing could definitively establish whose blood was on the pants.
And yet, Lyons refuses to submit the evidence for DNA testing absent a court order.
You might say that Lyons is afraid to put his money where his mouth is--except Northwestern University's Center on Wrongful Convictions has offered to pay for the tests, so they would not cost either the state or Peoria County a dime. All Lyons has to do is literally hand over the 30-year-old evidence.
So, why won't Lyons order the DNA tests for Johnnie's case?
In a recent Chicago Sun Times editorial that asked Governor Blagojevich to order DNA testing for Johnnie, Lyons tried to explain his reasoning:
"As a prosecutor, I understand that justice is the most important objective, but I also understand in wild goose chases like this when defense lawyers say something, I know that just saying it does not make it true."
This statement makes no sense.
It's offensive and ridiculous to characterize DNA testing as "a wild goose chase," particularly when DNA has exonerated to date more than 200 people in the United States. This is according to the Innocence Project, which has joined with innocence and wrongful conviction organizations across the country and in Canada in asking Illinois to test the DNA in Johnnie's case.
Additionally, despite what Lyons suggests, it's not just Johnnie's lawyers at Northwestern University Center on Wrongful Convictions and Jenner & Block, one of the most prestigious law firms in the country, that believe his case requires DNA testing.
Since Johnnie was released in 2006, he has organized a broad coalition of support from some of the most influential and respected lawyers and legal minds in the country. His allies include five former U.S. Attorneys, men and women appointed by the President of the United States to enforce federal law. Johnnie's most tireless supporter was the late Justice Prentice Marshall, a federal district judge appointed by Richard Nixon, and one of the most respected jurists Illinois has ever produced.
With nothing to personally gain, Johnnie's supporters all agree that his case from start to finish was grossly mishandled, and that the evidence used to convict him demands DNA testing.
But Lyons remains steadfast in his opposition, saying in a recent interview, "I'd set myself on fire before I'd give one ounce of leniency to these murderers."
Of course, such bluster fails to explain why Lyons refuses to test the DNA in Johnnie's case, but it reveals a great deal about how Lyons views his job as Peoria State’s Attorney.
Hoping his constituents will confuse tough-sounding talk with an actual commitment to the law, Lyons is the kind of prosecutor who is more interested in scoring cheap political points than with ensuring that justice is served and that truth prevails.
Fortunately, this November the people of Peoria will have a chance to vote on whether they want to keep Lyons in his present job.
Hopefully they'll exercise more wisdom and judgment than Lyons has as their State's Attorney.
Whether you live in Peoria or not, you can join Johnnie's fight for justice today by sending one e-mail.
Click here and tell IL Governor Rod Blagojevich to order DNA testing on the evidence that was used to send Johnnie to prison for 30 years for a crime he did not commit.
If you're on facebook, look up Johnnie Lee Savory and join the Justice for Savory group. You can also become Johnnie's MySpace friend by clicking here.
If you have any questions or comments about Justice for Savory, send us an e-mai at justiceforsavory@gmail.com
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John Maki
John Maki is a new media consultant for Chicago non-profits. In his spare time, John is also a multi-media producer and contributor for The Windy Citizen. Before working in new media, John taught high school literature, and before that was a graduate student in English literature at the University of Chicago. John is currently in his third year at Loyola University Chicago School of Law.
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Lyons is a graphic example of the change that has occured in many parts of the United States with respect to criminal prosecution. In my opinion this is a man who is totally disinterested in the promotion of justice. Johnnie Lee's case exemplifies the lack of honesty in people like Lyons, who would destroy the life of a 14 year old child before ever admitting wrongdoing. It would not be difficult to imagine people believing Lyons' actions are criminal and clearly show a proclivity towards child abuse.
Lyons claims that he would "set himself on fire" before giving an ounce of leniency. Perhaps that would be too harsh. However, if it can be proved that Johnnie Lee's case was the product of negligent prosecution and if the delay in freeing Johnnie Lee is found to be the product of Lyon's unwillingness to examine evidence that he was wrong about the child's guilt, then I would hope that Lyons would be held accountable, perhaps by serving some prison time himself. If his attitude is "an eye for an eye" then, so be it, let this man stand trial for abusive prosecution of a child and put him in prison.
Of course that won't happen, because even when prosecutors prevent justice from happening; even when they destroy the lives of children, they can never be held accountable. Perhaps at least the voters while get him out of office as quickly as possible so he cannot destroy another child's life. Cowardly men who prey on young kids don't deserve postions of power.
Mr. Osborn,
Thanks for your comment and interest in Justice for Savory.
I completely agree with your analysis about rogue prosecutors. What's crazy about Kevin Lyons is that he wasn't even the original prosecutor in Johnnie's case.
I just wanted to point out a prosecutor who exemplifies fidelity to the law, justice, and truth. His name is Craig Walker, and he's the DA of Dallas County in Texas. He cares deeply about wrongful convictions, and has set up a “Conviction Integrity Unit” to ensure that prosecutors weren't abusing procedure. He also works with the Texas Innocence Project to find other cases of possible wrongful conviction.
Check out this article/interview to find out more about Mr. Walker: "Is This America's Best Prosecutor? Meet Dallas County District Attorney Craig Watkins" http://www.reason.com/news/show/125596.html
John, thanks for the information on Savory and showing us how so often injustice appears to prevail. However, people like you who arent afraid to fight for justice also let us know that we dont just have to accept anything.
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