Illinois Supreme Court dismisses prosecutors' appeal of ruling for new trial in Hadiya Pendleton murder
CHICAGO (CBS) -- The Illinois Supreme Court on Thursday rejected an appeal by prosecutors to an order that tossed the confession of a man who had been convicted of shooting and killing 15-year-old honor student Hadiya Pendleton back in 2013.
Micheail Ward was convicted of first-degree murder in Hadiya's death in 2018, and sentenced to 84 years in prison.
Hadiya was only 15 years old when she was gunned down in 2013, just days after she and her school band at King College Prep performed in former President Barack Obama's second inaugural parade. The shooting happened at Harsh Park in the Kenwood neighborhood, about a mile from the Obama family home. Michelle Obama attended Hadiya's funeral.
Ward's videotaped confession to the shooting was a key piece of evidence at the trial. He told police he fired shots at Hadiya and her friends because he believed they were rival gang members and was seeking revenge, but claimed he only opened fire because co-defendant Kenneth Williams threatened to kill him if he didn't.
In March of last year, the Illinois Appellate Court reversed Ward's conviction and granted him a new trial. A three-judge panel of the First District Illinois Appellate Court ruled Ward repeatedly told detectives during the interrogation that he didn't want to talk to them, and that police kept questioning him and obtained his confession in violation of his constitutional rights.
Following that ruling, the Cook County State's Attorney's office went to the state Supreme Court with an appeal of the ruling that allowed Ward's confession to get tossed.
On Thursday, the Illinois Supreme Court dismissed the appeal. The dismissal came not after an evaluation of the merits of the appeal, but because one of the justices, P. Scott Neville, recused himself—leaving the six remaining justices equally divided on the matter.
"An appellate court reversing a trial court's conviction is not unusual, and it's really not unusual when it comes to … a situation where a defendant's constitutional rights are violated," CBS News Chicago legal analyst Irv Miller said. "And under our laws, if you violate a defendant's constitutional rights, any evidence that you obtain after that point becomes inadmissible."
As he now awaits a new trial, Ward will be able to return before a Cook County judge and ask to be placed on electronic monitoring while the case plays out.
"The first thing that this defendant will ask for is for a hearing as to whether or not he should stay in custody or be released on electronic monitoring while this case progresses at 26th and California," Miller said. "I predict he will ask that. I also predict that won't win. He won't be placed on electronic monitoring."
Miller said, depending on whether Ward opts for a jury trial or a bench trial, either a judge or jury will have to review the evidence without Ward's confession to determine if it's sufficient to convict him. However, it's possible prosecutors will present new evidence to strengthen their case, or that Ward could opt for a plea deal.
The Cook County State's Attorney's office released the following statement late Thursday: "The CCSAO stands behind the prosecution of this case, and disagrees with the appellate court's decision. We are reviewing all legal options, and ultimately will be guided by securing justice for Hadiya Pendleton, her friends who were hurt that day, and her family and loved ones who mourn her today."
One of Hadiya's closest friends, who danced alongside her in the school band released a statement about the Illinois Supreme Court's decision.
"The family gets peace when court cases end, so to want to bring it back up really hurts the victim's family. I get the shooters were young and would want a chance to be free, but it's not really what's deserving and a waste of court time, because they were found guilty. My friend doesn't get a second chance at anything I don't believe they should get another chance at a trial," Rania Al-Najjar said.
Hadiya's parents declined to discuss the court's decision.
Hadiya's slaying gained national outrage, sparked outrage in the community, and put the spotlight on Chicago's gun violence. Her parents went on to become anti-violence advocates.
Ward's co-defendant, accused getaway driver Kenneth Williams, is serving a 42-year sentence after he also was convicted of first-degree murder.
City officials later renamed Buckthorn Playlot Park, at 4345 S. Calumet Ave. in Bronzeville, after Hadiya to honor her life and memory.
CBS News Chicago reporter Darius Johnson graduated from King College Prep in 2012, and was a senior when Hadiya was a freshman. Johnson was on the drumline in the band, while Hadiya was a majorette dancer, and the two met in February 2012 as the band was preparing to travel to New Orleans for Mardi Gras.
"This little girl with this sweet little smile came and sat amongst all the seniors at the back of the bus, and of course being seniors, we're all looking like, 'Wait, what's going on?' And she said, 'If you let me sit here, I will share my snacks with you all on the ride.' We all said okay, and from that moment I knew exactly who she was, but I will never forget her smile and her sweet spirit," Johnson said.
