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Wrongfully-convicted man sues for withholding evidence

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A man who spent nearly 18 years in prison for crimes from which he was later exonerated is now suing the City of Hammond and various police officers involved in his arrest.

James Hill was convicted of rape, unlawful deviate conduct and robbery in connection with an attack against a gas station clerk in 1980. The clerk, L.J., couldn’t at first identify her attackers, but after she was hypnotized by police, identified Hill as one of the two men. Biological evidence found on L.J. and evidence at the scene did not connect Hill to the attack.

Hill claims that the police officers involved in the investigation covered up important information, including that L.J. had been hypnotized and there were doubts about the reliability of statements from a witness that Hill owned a blue denim bag identical to the one used during the attack.

It wasn’t until 2001 that DNA testing on the physical evidence showed that Hill wasn’t the source of semen found on L.J. and her clothing. At that time, Hill had already been released from prison, but filed an amended petition for post-conviction relief in 2005. The post-conviction court vacated his convictions in October 2009.

Hill’s suit says his arrest, prosecution, convictions, and imprisonment were because of unconstitutional and unlawful efforts by the police officers named in his suit, who tried to use any means to gain a conviction. The defendants, Frank Dupey, Richard Tumildalsky, Raymond Myszak, and Michael Solan, deliberately didn’t reveal exculpatory information about the hypnosis of L.J., didn’t investigate any other potential suspects, and fabricated evidence from witnesses which was presented at trial. He claims the City of Hammond is also liable as it’s responsible for the policies, practices, and customs of the Hammond Police Department.

Hill filed the suit last week in the Northern District of Indiana, Hammond Division, James Hill v. City of Hammond, et al., No. 2:10-CV-393. It includes three counts – denial of a fair trial, supervisory liability, and a Monell claim against the city. Hill is seeking compensatory and punitive damages, interest, and any other proper relief.
 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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