No . 09-1060
Appellate Court of Illinois
PEOPLE OF THE STATE OF ILLINOIS, )
Plaintiff-Appellee, ) Appeal from the ) Nineteenth Judicial ) Circuit Courtroom )
versus. ) Case. No . 80 CF 2751
JUAN A. RIVERA, JR., ) Hon. Christopher C. Starck
) Assess Presiding.
QUICK OF DEFENDANT-APPELLANT
JUAN A. RIVERA, JR. ________________________________________________________________________
Thomas P. Sullivan
Terri M. Mascherin
Jenner & Stop LLP
353 N. Clark Street
Chicago, Illinois 60654
Counsel of Record
Stanford Law Institution
559 Nathan Abbott Way
Stanford, Washington dc 94306
Her E. Raley
Bluhm Legal Clinic
School of Law
357 E. Chicago, il Ave.
Chicago, il, Illinois 60611
Counsel to get Defendant-Appellant
Juan A. Rivera, Junior.
________________________________________________________________________ ORAL ARGUMENT ASKED
_____________________________________________________________________ ITEMS AND AUTHORITIES
NATURE FROM THE CASE1
ISSUES SHOWN FOR REVIEW1
STATEMENT OF FACTS2
We. CRIME PICTURE INVESTIGATION AND ANALYSIS OF PHYSICAL EVIDENCE2 II. PRIMARY ON JUAN RIVERA4
A. October 27 & twenty eight Questioning4
B. October 30 & 31 Questioning6
1 . The Trip to Chicago6
2 . The Asking from 8: 00 g. m. to 11: 35 p. m. 8
three or more. The Wondering from 14: 30 s. m. to 3: 00 a. m.. almost 8
4. Rivera's Condition from 3: 00 a. m. to 8: 15 a. meters. 11
your five. Continued Asking yourself from almost 8: 10 a. m. to 9: 00 a. meters. 12
six. The Conference in the California's Attorney's Office13
7. Rivera's Condition in the Jail via 9: 12-15 a. meters. to twelve: 30 a. m. 13 8. A final Round of Interrogations from 10: 40 a. m. to two: 30 g. m. 14 III. THE EARLIER TRIALS, IS OF INTEREST AND FRESH TRIAL BASED UPON NEW DNA RESULTS17 4. THE NEW TRIAL18
A. The Prosecution's Case18
1 . The Crime Scene & Rivera's Statements18
2 . Additional Witnesses18
3. Jailhouse Informants20
B. The Defense Case22
1 . Facts Affirmatively Excluding Rivera22
a. DNA and Other Physical Evidence22
b. Electronic digital Monitoring Data & Additional Evidence Arroyo Was At Home25 2 . Defense Evidence In relation to the Confessions26
a. Rivera's Condition Through the Interrogations and Confessions26 w. Rivera's Mental Health and Ability and Its Effect on the Confessions26 c. Inconsistencies Between Confession and Information of the Crime27 d. The Absence of Details in Rivera's Statements Not Known to the Police28 V. DISCUSSIONS, VERDICT, AND SENTENCING29
SYNOPSIS OF THE ARGUMENT30
We. THE EVIDENCE CAN BE INSUFFICIENT TO PROVE REMORSE BEYOND AN AFFORDABLE DOUBT. thirty-two A. The DNA Evidence33
B. The Role with the Confessions in the Analysis38
C. The In-Custody Informants45
2. RIVERA'S CONSTITUTIONAL RIGHT TO PRESENT A SIGNIFICANT DEFENSE WAS VIOLATED WHEN HE WAS BANNED FROM SHOWING EXPERT TESTIMONY CRITICAL FOR THE JURY'S EVALUATION OF THE RELIABILITY OF HIS CONFESSION. 46 A. The Barred Evidence47
1 . Dr . Galatzer-Levy's Testimony Concerning Rivera's Psychiatric Point out During the Interrogation47 2 . Doctor Kassin's Testimony Regarding the Effect of Particular Interrogation Techniques on People who have Particular Mental Disorders48 B. The Trial Court Erred in Hindering Drs. Galatzer-Levy and Kassin from Testifying on These kinds of Matters. forty-nine 1 . What the law states of the Case49
2 . Rivera Was Eligible for Present Accounts from Dr . Galatzer-Levy Explaining How His Psychiatric and Psychological Disorders Were More likely to Have Damaged Statements He Made in the Course of the Interrogations. 52 a. Expertise and Skills Uncommon to Lay Persons52
b. The Barred Testimony Would Have Helped the Trier of Truth. 52 c. Dr . Galatzer-Levy's Testimony...
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