Two significant federal gang trials in Chicago are facing re-trials this fall following serious claims of prosecutorial misconduct. These cases involve leaders from the Four Corner Hustlers and Wicked Town street gangs, with prosecutors accused of making undisclosed promises to key witnesses that influenced their testimonies.
U.S. District Judge Thomas Durkin, who oversees the cases, expressed frustration over the situation, stating that it is an “understatement” to deem the federal errors as avoidable. He emphasized that the consequences of these errors are a disservice to the victims and their families who must now endure another trial process.
The more recent of the rulings, released on Thursday, pertains to Donald Lee and Torance Benson, both linked to the Wicked Town gang. Initially convicted in 2022 for their involvement in seven murders, they are scheduled for a re-trial beginning September 2. Notably, despite a push from the Trump administration for the death penalty, prosecutors have stated they will not pursue it again if the pair is found guilty.
Additionally, Labar Spann, the reputed leader of the Four Corner Hustlers, will also face a re-trial on November 3. Spann was initially convicted in 2021 for four murders and faced a mandatory life sentence. The new trials represent a significant setback not only for the prosecution but also in terms of resources, as Judge Durkin acknowledged that trials of this magnitude consume vast judicial and public resources.
Combined, the original trials took approximately four months. Both trials concluded with guilty verdicts, leading to life imprisonment for Spann and Lee. However, the integrity of these convictions was questioned following revelations during sentencing preparations in 2024.
In his ruling on the Wicked Town case, Judge Durkin noted exceedingly similar circumstances between the Lee and Benson case and that of Spann, though he did point out there were key differences. He indicated that the misconduct in the Wicked Town case appeared “unintentional” while in the Spann case, the prosecutors acknowledged the necessity for a re-trial.
An extensive investigation, including dozens of interviews and reviews of thousands of documents, revealed that former prosecutor Peter Salib made an unauthorized promise to a critical witness. Salib also allegedly induced false testimony during the grand jury proceedings.
Mitchell, the former prosecutor involved in the Wicked Town case, defended his actions and argued that no undisclosed promises were made. In an interview with the Chicago Sun-Times, he expressed his respect for the attorneys fighting for a new trial but maintained that the assertions suggesting promises were fabricated.
Following revelations in the Spann case, emails were uncovered indicating that Mitchell had communicated expectations regarding recommendations for sentencing to attorneys involved in the Wicked Town case. He reportedly expressed in a May 2022 email his belief that prosecutors would recommend a 30-year sentence for Deshawn Morgan, a Wicked Town associate who testified against Lee and Benson.
Mitchell later described his efforts as rewarding since they were part of ensuring that the federal government’s attention was focused on the victims of gang violence. Despite these intentions, Judge Durkin ruled that Mitchell’s comments constituted a promise that needed to be disclosed to the defense.
“A promise is a promise,” Durkin stated, reinforcing that any commitment made by prosecutors regarding sentencing recommendations should be communicated to defendants. His order recognized that the government’s misconduct appeared to be unintentional but nonetheless warranted a new trial for Lee and Benson.
The implications of these new trials extend far beyond legal consequences; they illustrate the challenges within the prosecution frameworks in high-stakes cases like these. As these gang trials showcase what to avoid in future cases, the pressure for accountability from the victims’ families remains palpable as they witness the judicial system grappling with its own failings.
In conclusion, while the federal government’s pursuit of justice against these gangs continues, the re-trials highlight critical lessons for prosecutors. As these cases proceed, both the legal community and the public will be watching closely to see how justice is served.
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