Prosecutor Says Student Wire Raises 'Serious Legal & Ethical Questions' in Innocence Probe
At least one journalism student at Northwestern University wore a wire while talking to a potential witness during an Innocence Project investigation in the case of Anthony McKinney, casting doubt on the validity of the wrongful conviction probe, an Illinois prosecutor says.
Because state law requires the consent of the person being recorded under most circumstances, the secret taping raises “serious legal and ethical questions about the methods that the professor and his students employed during their investigation,” Cook County State’s Attorney Anita Alvarez tells Chicago Tribune in a written statement.
Meanwhile, Jenner & Block chairman Anton Valukas has been brought in by Northwestern to look into the methods being used by participants in the hard-fought Innocence Project case, the newspaper says.
However, David Protess, the journalism professor in charge of the Innocence Project, denies that his students have done anything wrong and the article reports that a lawyer associated with the project as well as a lawyer for the private investigator who made the decision to tape the student during part of the interview with the witness have okayed the secret taping.
The conversation was recorded because those involved were concerned the witness might threaten to harm the student. Hence, a potential-crime exception to the usual two-party consent rule may apply, the Tribune article explains.
Earlier coverage:
ABAJournal.com (Nov. 2009): “Prosecution Says NU Students and PI Paid Witness for Exonerating Statement”
