Systemic Failures and Unsolved Murder

This is the Guardian. It's October 2nd. Two thousand twenty four. A warm fall morning in Chicago. Not a cloud in the sky. As Jennifer drives to the courthouse with her radio turned up all the way. I catch her for a brief moment as she walks up the steps to the courthouse. Just listen to Beyonce's freedom as loud as I could three times. Yeah. I'm not gonna quit on a winner because a winner don't quit on themselves. Hey. That's right. That's right. Of all of the hearings Alex had been through for nearly 11 years, Jennifer knew this could be the one, the day when the years of work finally pay off. disc that she and Eric now had in their possession. The one that contained metadata showing that Alex was texting with his girlfriend at the time of Clifton Lewis' murder. The disc with the FBI's cell phone map, suggesting Alex and his supposed accomplices weren't near the crime scene. A map that prosecutors had failed to share. That disc. The one that also had a sticky note attached to it, indicating that the prosecution had this information all along. That disc, Jennifer thought, is finally going to set this man free. The new prosecutors in the Cook County State's Attorney's Office. The very same office that helped to put Alex in jail for a decade were ready to drop the case. They were about to ask the judge to set Alex free. But the police union isn't ready to just stand by and let that happen. From The Guardian, I'm Melissa Segura, and this is the final episode of Off Duty, the last stand. Alex appears to one of the most important court dates in his life from prison. By Zoom. His family is there, though. His sisters, his brother Stephen, and Alex's girlfriend Amanda. They wear t shirts with Alex's photo on them. Dozens of supporter join them at the courthouse. including some who have been wrongly convicted themselves. Jennifer and Eric had received assurances from prosecutors. They were going to drop the case. Eric was still wary. And I'm nervous. You know, I uh we've had what feels like a winning case for five years now and it always feels like something gets yanked out from under us and we're just so close. I just hope that doesn't happen. Alex's supporters walk through the courtroom's imposing wood doors to take their seats below towering windows overlooking the city. Over the last decade, I've been to more court hearings than I can count, most of them for people wrongly convicted. Those hearings are usually full of anticipation, like an eagern for what will happen. This time, this is pure tension. A nervousness about what could happen. On one side of the courtroom is a sea of those t-shirts with Alex's face on them. On the other, a flank of police officers whooshes in to fill up the seats. They leave room up front for Officer Lewis' sister, Nicole Johnson. Judge Carol Howard calls the case to order. Before anyone else could speak, an attorney representing the family of Officer Clifton Lewis introduces himself. James McKay, or Mad Dog, as veterans of the Courthouse call him. The name alone has been enough to send shivers down the spines of Chicago defense attorneys. For 30 years, McKay prosecuted some of the city's most high-profile cases. Chicago magazine named him one of the city's 30 tough lawyers, and he isn't wasting any time. Good morning, Judge. My name is James and asking me to file our appearance on behalf of the victims' family in this case, pursuant to the Illinois Rights of Crime Victims and Witnesses Act. Jennifer immediately pushes back. Your Honor, I think the statute is abundantly clear that The victims do not have a right to file an appearance in this case. Normally, victims' families or their lawyers don't have a right to appear at this stage of the legal process. But McKay is saying that even though the prosecutors might be ready to drop the case. That's not just their decision. Arguing that the family of Clifton Lewis should have a say. You might think, Well, of course they should have a say. Their loved one was the victim. Prosecutors don't bring charges on behalf of victims. They bring charges on behalf of the people. The idea is that a crime isn't just committed against one person. It's a violation of the entire community. So technically Crime victims or victims' families don't have a say in whether someone is charged or if those charges are dismissed. Or if a plea deal is struck. Under the law, that's all left to the judgment of prosecutors. But McKay is trying a bit of a hail mary. presenting a novel interpretation of a state law protecting victims' rights. Jennifer and McKay are arguing back and forth. People in the gallery start grumbling. Alex's family shifts in their seats. The judge seems ready to grant McKay's request. postpone the decision. Yet again. And then Eric? problem solving nerd. Has an idea. He whispers to Jennifer. Well I'm subject. Did you catch that? It's so subtle that I'll play it for you again. Well I'm like, It's hard to make out the words, but he whispers to Jennifer, Maybe we agree to let them appear. Because what Eric realizes Is it McKay's strategy? This demand to appear? It's probably just a stall tactic. If they keep fighting McKay, then the case gets postponed. But if they agree, let him proceed, they're calling his bluff. and the case can move ahead. Now. So Jennifer takes a deep breath and takes Eric's advice. How about your honor if we agree to let them appear today? If they want a file in appearance, go for it. Let's hear the state's position, and then if they want to speak, let them speak. She's saying, fine, go for it, mad dog. Say your piece. From the look on McKay's face, he seems genuinely thrown by this move. He tries again to make the case for postponement. Victim's family wants to be her. The victim's family will not go away. The victim's family is entitled to justice as well. We would like a chance to respond in writing so Urana can make an informed decision. Judge Howard cuts him off. What I hear counsel saying now is that the defense is withdrawing their opposition and allowing you to follow your parents today. And if that is true, your motion to intervene is not being objected to today. But McKay keeps trying to buy time. He shifts tactics. Now he wants a meeting. Your Honor our clients would like to be heard, and we demand a meeting with State's attorney Fox to have a meaningful conversation. about what, if any, decision the state's turning office is going to make. Judge Howard responds, Okay, granted, but I'm not giving you a couple of weeks. I'm giving you a few hours. Let's get it done today. She sets Alex's case aside and moves on, over McKay's objections, so that he and the prosecutors can arrange a meeting. There are dozens of other cases that need to be heard. Andre Wiley. None of Alex's supporters in the courtroom know exactly what's happening, and neither does Alex, hundreds of miles away, watching it all unfold on a computer screen. but they've been waiting for more than a decade. They can wait some more. In the courtroom, most everyone stays put. In prison, Alex is left waiting on Zoom. When Alex's hearing resumes, the first attorney to talk is prosecutor Kevin DeBoney. He's the one who sent Jennifer and Eric the disc with all the evidence on it. The disc that's brought them back to court today. He tells the judge that his office has spoken with Clifton Lewis's family on several prior occasions. And that during the break. The elected states attorney herself. Kim Fox. along with her top aid. Basically he says We did what McKay wanted. Then he gets to the reason he's there. Your Honor, after uh sentencing concluded in this manner. Uh the state discovered it does contain evidence that is potentially exculpatory material. relevant that had not been previously tendered to the defense. Based upon their discovery, the people agree to the relief request. To translate the lawyer speak, that means We found the disc after Alex was sentenced. It has evidence suggesting Alex is innocent. In violation of the law. The disc was never given to the defense. So now we're dropping the charges. So the petitioners 21401 petition is granted. Thank you, Your Honor. And that's it. Alex Via's conviction is tossed. The case is over. McKay's co-counsel, Tim Grace, enters the fray, asking to appeal. There's nothing to appeal. Jennifer pounces, stepping forward and extending her arms like an umpire calling a runner safe at home plate. There's nothing to appeal to. It's a There's this weird mix of elation on one side of the room and hostility on the other, like a fight is about to break out. Cops and Alex's supporters shout at each other. Some of them have taken their fights out to the hall. Judge Howard calls her bailiff to quell the situation before it spins out of control. Inside the courtroom, I can hear the fights continuing. and the sound of the sheriff's walkie talkies as they call for back up. Judge addresses McKay. It's over. And I know that you are disappointed and the family is disappointed, but if there is not enough evidence, there's not enough evidence. Thank you, Judge. Uh thank you for letting us appear and argue. I would just again to clarify the record, Miss Fox did not say there was not enough evidence. I would ask Mr. De Boney to confirm that. Judge we create our motion. Okay, this hearing is over. So I'm gonna shut down the zoom meeting now, Mr. Uh Lilla. Uh you've heard that the charges Have a good day. Mm. Alex disappears from the screen. His sister Melissa looks like she's in shock. Bailiffs lock down the courtroom. To keep the police and Alex's supporters separated, they only allow small groups of people to leave at a time. When the president of Chicago's police union John Catanzara makes it downstairs. He addresses the TV crews and reporters in the courthouse lobby. He's not innocent until he proves himself innocent. He killed Cliff, he needs to go to prison for it, and we're not gonna stop until that happens again. Alex's conviction has been tossed, but that's not the same as the court saying he's innocent. he can still be charged again. And Katanzara is saying that the police union won't stop until Alex is back in prison for murder. Jennifer had once been hired by the union, the fraternal order of police. To represent Officer Jason Van Dyke after the killing of Laquan MacDonald. Now Katanzara uses that against her. She had no problem taking FOP money in the Jason Van Dyke trial sentencing and representing to get him a lesser sentence when the F O P was paying her paycheck. She'll say whatever she needs to say to get a paycheck. She's a disgusting human being. She's a piece of garbage. As McKay and Katanzara address the press in the lobby, Alex's friends and family gather outside on the courthouse steps, taking pictures with Jennifer and Eric. Big way. John Katanzara and other members of the FOP head for the steps where Alex's family is snapping photos. This time, there are no bailiffs around. Belly! You hell belly! They're yelling at Jennifer and Alex's family. Calling them garbage. Wait till next trial, one of them yells. He's going to jail again. Tell again. Eric shakes his head as the officers walk away. These are police officers that are salaried by our tax dollars. That's just unreal, you know? It actually makes it gives me such a tremendous amount of joy. Representative Jason Van Dyke, I took F O P money. So I would've liked to have to have said to him like, yeah, I'm interested in pursuing justice. What I did for Jason was pursuing justice and what happened here is pursuing justice. This is what they do. They're upset and who's to say what they're capable of. That's Alex's sister, Melissa. And here's Marisol. It's disgusting how they don't look at themselves and how they failed their own fellow officer, right? How do you do that? This is an officer that was part of your department. There should be some kind of accountability, honestly. They should not be comfortable at all saying things like that, disrespecting an attorney and calling her names and things of that nature. Like this is insane. Jennifer isn't remotely phased. To her, this is all just another example of how the system operates. That wasn't about the victims' rights. That was about the cops. The cops not being accused of wrongdoing, the cops never being willing to admit wrongdoing. You know. They were concerned about the victims' rights. They would change the way they do things at the Chicago De Ple Police Department. So I don't know. The bull should have bounced, but But what I hope is that that it's it's gonna change, right? That really we can see some momentum in And prosecutors viewing the gang unit differently. Really make change. Right so this doesn't keep happening to people because in Chicago it keeps happening to people. Amanda, Alex's girlfriend, looks back at the courthouse. It should feel like a joyous moment. But without their son Damian? It doesn't. She says it's bittersweet. He should be here to celebrate this moment. Run to his dad as he walks out the prison gates? But he's not. And that hurts. Again and again I just pray to my son like please babe supposed to be the amateur dad like seriously six months ago my son was gone. Just like it sounds bittersweet because my son would be very nice to me, like my dad's coming home my he's not He's not here. And that was that like Amanda is wearing her Justice for Alex shirt. But she has another shirt in her car. Police have charged someone with Damien's murder. And there's a hearing tomorrow. She plans to be there, sitting behind the prosecutors, wearing a shirt that says. Justice for Damien. Alex walks out of prison the next morning. It's a four hour drive to Chicago. His first stop is the cemetery where Damian is buried. One of the first things I wanted to do was go to the cemetery and uh tell my son that, you know, I was f finally free, finally home. His family rented him an Airbnb on the outskirts of the city. The threat of him being within the grasp of the CPD feels too scary. Jennifer shows up to meet her client for the first time outside of prison walls. Both giddy. Ah. No bars every year. Right? I'm like snap. There's an anxiety though, under the laughter. Yeah, I know everybody's scared for me. Police said it plainly yesterday. They weren't going to stop till he was behind bars again. And so even the celebration is framed by wariness. the doorbell keeps ringing. More family, more friends, filing in to welcome Alex home. Jennifer orders Italian beef, hot dogs, and chocolate cake from Portillos, a Chicago institution. Like you? He meets his niece, Jenia, for the first time. Alex was arrested shortly after her birth. As Alex eats his first dinner in a decade as a free man, I can't help but notice his hand. The one prosecutors argued he'd use to vault himself over the counter at the mini mart, then shoot Officer Lewis? He still can't use it to hold his utensils properly. Eight months after Alex's release, Jennifer is vacationing in Michigan. The town happens to be home to Jeff Tweedy. The lead singer of the all country band, Wilco. She's at a restaurant with a friend, waiting for a table. Her friend is talking about how everyone in town is trying to catch a glimpse of the rock star. She said how she and a friend ha are on like Jeff Tweety alert all the time. And so she was talking about how they were at this market and Jeff Tweetie was there and her friend text her. She's like, Oh my God, Jeff Tweedy's here, and I don't know what to do. I don't want to say hi, I'm freaking out. As she's listening to her friend. Jennifer's expression suddenly changes. Right, I guess my face was just like turned white. White or very pale. And and she's like God. Did Jeff Tweety just walk in? At that moment, Jennifer learns that this little town isn't just Jeff Tweety's summer stomping grounds, it's Judge James Lynn's too. The man who had sentenced Alex to prison for life. I'm like I I cannot fucking believe this. His judge just walked in in this huge case I had, and I haven't seen him since he sent my client to live. My friend's here says, Babe, she's like, Babe, oh my God, what are you gonna do? Jennifer has a flashback to decades earlier. When she was at a taping of the Oprah Winfrey. A call went out to the audience. Does anyone want to ask Oprah anything? Jennifer immediately thought of a client she was representing. A victim of a notorious Chicago police officer who tortured mostly black men on the city's west side. And I was too s too scared to raise my damn hand to talk to her about police abuse in Chicago. You know, it's like a snooze you lose moment. I sat there and I was like deering headlights and somebody else raised their hand and they went on to another topic. And I was like, that will not happen to me again. So as I was sitting there, I thought about Oprah Wimpery. And so I got my ass out of that chair and went up and said hi to him. He was shocked to see me. At first he didn't it was like it did he couldn't process who I was. And then he's like, Oh, Jennifer and I was like Hey Jajlin. Um I I was like, I won. And he said, I know. It's like I was like a monibird. I was like, I won. I won. Not my best moment, but Um, then he was very gracious and he introduced me to his wife and he's like, Do you remember that last case I had, the last case where I sentenced the guy to live? And she's like, Of course. He's like, Well this is the defense attorney from the case And I looked at her and I said, I won. And she said Congratulations. But Jennifer had a sense the whole time that there was something else on Lynn's mind. And he kept looking at me. Like he wanted to say something, you know somebody like and he's like And he would stop. Then he'd look at me. Then he would stop. He never said what he wanted to say. When Jennifer had defended a police officer, Lyn had made her feel seen. He called her a warrior. When he tried Alex. She felt like he almost broke her. And I had never put together the fact that someone who had said something to me that was so meaningful, who then turned into someone who basically destroyed my faith in the justice system, you know, those two things were living in the same place within me. it was good for me to to put it all together. That he he alone means a lot to me. Good and bad. The next judge who hears Alex's case will be in civil court. Jennifer and Eric have been gathering evidence for his lawsuit against the city and county. And to hear her tell it, it's going well. This is so opposite of what we went through with the criminal case where it was horrible and it just felt like I was getting the shit beat out of me. Every time, you know, and now I I feel like actually we're beating the shit out of them. The tables have turned. In court documents, all of the defendants have denied the allegations. We've reached out to the detectives and prosecutors in this case, along with their lawyers, and have not heard back. In December 2023. Nancy Aduce was fired. Eight months later. She filed a lawsuit claiming she was terminated because of race and age discrimination. A doce is white. And her former boss? Former Cook County State's Attorney Kim Fox. That case is ongoing. T weeks before Alex's release, Andy Varga resigned, according to multiple published reports. He is now in private practice, according to public records. August twenty twenty five Alex and Amanda welcomed a baby boy. They named him Alex. He's just like the happiest baby in the world. He's always smiling. He just got this joy in his eye and You know, I'm just enjoying every moment, all the doctor's appointments. He just got his first shots. I was holding this. His hands. So just just enjoying that. Alex has gotten a job and a place to live. But it hasn't been easy. I used to think in prison like, oh, I'm ready for it. I don't care what it is is better than here. But now going through it, you know, there was times where it felt overwhelming, you know, juggling all the stuff. You know. You need 2.5 the amount of rent, you need a uh credit score, you need to show proof of income. And them things were were really frustrating. You know, you come out, you have none of them. Then there are times like when Alex was at a stoplight and looked in his rear view mirror to see a police car behind him. They're gonna run the plate, see my name, be like, oh look, this bad guy. My stomach, my stomach, it falls like I get nervous. Kind of like I don't know if you know that fear like getting on a roller coaster kind of. Alex tried moving to Florida, like he'd planned with Damian. But after a few weeks away. He missed his family too much. He moved back to Chicago. Or he can take his mom a cup of hot coffee most mornings. in downtown you see the the buildings and I'm looking at it like this is just so beautiful. Like I'm taking it in and I think it's like, you know, going through what I went through, I just think I'm more grateful than a person who never went through what I went through. Cause I know what it feels like to have My freedom taken away. When the day is done. He returns home. Damien used to have a collection of his dad's stuff in his room, Alex told me. A shrine, Damian called it. Now. Alex has a shrine to his son. I just started putting all his uh all his stuff in here. These are his blades. He actually played with Uh his favorite basketball player, Kawhi Linners car. I got his rosary with his face. There's a lot of his stuff I put there. Some old mail I have and uh I cherish it because this is kind of the only stuff I have left. Alex says he's made it to several court dates in Damien's murder case. When he first met with the prosecutor. He says he had one question. What was the evidence against the man accused of killing his son? As for the other men whose lives were so damaged by this case, Igardo Colone is living in Chicago. although not in subsidized housing with his mother. She died while he was in prison. Tyrone Clay is in Texas. Building a life far away from the CPD. He and his partner recently had a son. Like Alex, Edgarho and Tyrone have filed federal civil rights lawsuits against the city of Chicago. These cases could cost the already cash strapped city millions of dollars. Melvin DeYoung, the diabetic, was never charged with the murder of Officer Lewis, but he was physically and emotionally shattered by his experience. Meanwhile, the fraternal order of police hasn't abandoned its promise to see Alex behind bars in the murder of Officer Clifton Lewis. Last July, the president of the National Fraternal Order of Police sent a letter to the US Attorney General, Pam Bondi, asking her to bring federal charges against Alex. The GOJ confirmed it received the letter, but declined to comment further. What happened to Alex Villa should not have happened. I'm not saying people can't get it wrong. Every institution is just people, at the end of the day, and But institutions are supposed to have safeguards. To ensure that if one piece of the process goes wrong. through corruption or through incompetence or through an honest mistake. The next step of the process will make sure that justice is done. That's not what happened here. the very beginning. In the interrogation rooms, police ignored requests for lawyers. They ignored the cell phone map suggesting that their suspects were nowhere near the mini mark on the night of december twenty ninth, twenty eleven. They focus their effort on Alex Via. Despite evidence suggesting he couldn't have committed the murder. For reasons I will probably never know. The techs at the regional computer forensics labs failed too. When they took just a surface level look at Tyrone Clay's PlayStation. Scrolling past the time stamped evidence backing up his alibi. At the next step. Prosecutors fail to hand over key evidence. They allegedly edited a police report in a way that strengthened the prosecution's case. They accepted questionable statements. from three questionable witnesses. And in court. Despite all of that. Alex Via was sentenced to life. Every stage. The safeguards failed. The reason Alex Via got out of prison. I think. It's because Jennifer and Eric were willing to set their lives on fire in pursuit of justice. They lost sleep and gained weight. and lost money and jeopardize relationships. because they were relentlessly determined to make the legal system follow the rules and do its job. It shouldn't take that. And these safeguards didn't just fail Alex. They failed Officer Clifton Lewis and his family. Marisal Via Alex's sister thinks about that. You know, I I feel sorry for Officer Lewis's family, right? Tremendous sorry for his family because Un unfortunately that person who did is still out there. I think pain is pain, right? No matter the loss, it is pain. And unfortunately they've gone through a lot of that and We'll continue to go through a lot of that. You know, like what a huge blow, I think. a huge disappointment that this officer served and his own people, his own community, you know, if you will. Um couldn't even bring him justice. And it's just I feel terrible for his mom. I feel terrible for all of his family. I think especially his mother though. Like with being a mom and like I would never want to lose a child. Like she never gets any closure. And that's sad. That is completely sad. And I feel for her. I really do. Alex's sister Melissa has repeatedly told me that there are no winners in this situation. That became agonizingly clear. When I reached Officer Lewis's sister. Nicole Johnson in March twenty twenty five. Five months after Alex's release. She's still devastated by the loss of her brother. by what she sees as a betrayal by the legal system. When we talked? She said Alex's release was like a stab wound to the chest. She told me she's lost all faith in the justice system. She feels like the system turned its back on her brother. And she told me she'll never stop fighting for him. I don't know who killed Officer Clifton Lewis. do know that way back at the beginning, in the days after he was killed, Tips came in pointing to the four corner hustlers, a gang operating in the neighborhood, whose members had alleged held up the mini mart a few weeks before. In that robbery, the security guard on duty shot at one of the robbers. One tip suggested that the shooting of Officer Lewis was a case of mistaken identity. The intended target was the other guy. in this theory of the case. It wasn't just the investigators who got the wrong man in Alex. It was the robbers. Who got the wrong man in Lewis too. The murder of Clifton Lewis remains unsolved. The Guardian made repeated attempts to speak with the Chicago Police Department. The department did not have anyone available to answer our questions, a spokesperson wrote in an email. In court documents, officers deny any misconduct in the case. Former prosecutors Nancy ADUC and Andy Varga, along with their lawyers, did not respond to multiple interview requests or a detailed list of questions. In court papers, they deny any wrongdoing. In court filings, the Cook County State's Attorney's Office argued there is no show of bad faith by Adusi or Varga and has denied misconduct claims. It declined to answer questions posed by the Guardian, citing pending litigation. No officers or prosecutors have been accused of wrongdoing by officials or charged in connection with this case. We did not hear back from the fraternal order of police, John Katanzara, or Judge James Lynn. The RCFL declined to comment. The series executive producers are Joshua Kelly and Kat Arin, with producer Ben Goldberg. Story editing by Joel Lovell. Music editing by Rudy Zagatlo. Mixing and Sound Design by Pascal Wise. The commissioning editors are Nicole Jackson and Michael Hudson. Fact Checking by Gabriel Baumgartner. Legal Review by Zachary Press. Build production help from Hannah Edgar and Rema Soley. Reporting and presenting by me, Melissa Segura. This is the Guardian.