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Below is a curated list of factual elements from court records , an appeal , investigative analyses, firsthand accounts from Degorski as well as insights from family and friends that highlights flaws in the case and support arguments for Degorski's wrongful conviction claim.
THE TIME FRAME MOTIVATION THAT LIKLEY CLOUDED JUDGEMENTS
This horrible murder took place in 1993 and went cold for over nine years after police pursued over 3,500 leads and offered $100,000 in reward. There were no connections to Degorski until 2002. Right before it's ten years mark of being unsolved. It's undeniable to say , there was misguided motivation to find some closure to this case. This underscores how the investigation overlooked or dismissed non-physical tips in favor of later , unreliable informant claims.
IT'S IMPORTANT TO MAKE A SEPERATION OF THE EVIDENCE CONFIRMED FROM LUNA , FROM THE NO EXISTANT EVIDENCE ON DEGORSKI.
When reviewing archives , researching on the internet or asking the latest AI about this case , there is a lack of distinction between the evidence used against the two individuals. The key forensic evidence commonly mentioned used to link Degorski to the murders was actually from Luna. Though it's often misleadingly referred to as evidence from both of them. Even though Luna was proven to be there , that does not automatically prove Degorski was , or that he participated in the massacre.
Please let me elaborate on some of the evidence.
DNA WAS FOUND ON A PILE OF CHICKEN BONES THAT PROVED TO BE LUNA'S. MOST IMPORTANTLY , THERE WAS ALSO DNA FROM SOMEONE YET IDENTIFED.
Do you know there was two different individuals DNA found in saliva on the bones of a four-piece chicken meal , that was eaten right before the murders took place?? Luna's was confirmed but , what they're frequently not mentioning , is there was a second person's DNA found on the pile of bones along with Luna's. The two murderers DNA was confirmed there more than once by forensic experts. This second individuals DNA found at the murder scene didn't match Degorski's DNA. Despite a hand full of mouth swabs being taken from Degorski for comparison. Over 90 other people were tested and compared , including employees , law enforcement officers working the scene , paramedics who worked the scene and even other suspects like Casey and Jon. No matches to the second DNA were ever made. Luna's and another individuals DNA were found on the bones from a four-piece chicken meal that was purchased at 9:08 pm , reflected by the last register receipt of that devastatingly deadly evening. The Illinois state police Investigators and therefore the media describes this as DNA found on "a piece of chicken." Which is deceptive since 2 people don't very often eat from one piece of chicken. It's imperative to acknowledge that there were 2 suspected murderers eating from the 4-piece meal , who left their DNA evidence right before the murders took place. This second person's DNA evidence has been unfocused on ; for some inconceivable reason. There was another person's DNA found at the scene but , the investigators were unable to match it to Degorski , who's was it then ??? This means that there is a murderer still very likely on the loose.
THERE WERE THREE PRINTS FOUND AT THE SCENE OF THIS MASSACRE. NONE OF WHICH MATCHED DEGORSKI.
There was a print found on a napkin that was a positive match to Luna. Aswell as a print from Luna found on a tray.
More substantial , is that there was a bloody finger print found on a mop handle. This mop was used to clean up the crime scene after the murders took place. A print was also found on a bucket that was left outside by a dumpster. The prints found on the mop handle and bucket were NOT from Degorski , Luna or any employees. These prints belonged to someone not in the database. Possibly someone who's not residing in this country ? Many from the Chicagoland area recall being finger printed in grammar school. Supposedly , incase kids were kidnapped. Yet , no one matched the bloody thumb print found on the mop handle and bucket found at the scene of the murders. Who was this accomplice to a massacre ? Why is this fingerprint evidence along with the DNA being overlooked ?
Degorski provided his entire hand print up to the wrist for forensic comparison. Degorski is quoted saying "In court the State told my P.D'd that their world renowned fingerprint examiner John Onstwedder & Mark Acree cleared me from over 2000 unmatched suspect's prints , partial prints and smudges , but Juan matched a palm print on a napkin in the same trash can as his DNA was found in. On the contrary , I didn't match any trace evidence collected from me , my home , truck , or the crime scene."
Despite extensive forensic testing , including DNA analysis of blood , saliva , and fingerprints. No biological or physical forensic - such as hair or fiber - connected Degorski to the restaurant or victims. All physical matches (e.g. finger prints and DNA) found at the murder scene belonged to Luna and an unidentified person who was there.
NO MATCHES OF SHOES WERE TIED TO DEGORSKI , DESPITE INVESTIGATORS BEING THROUGH ON THIS ASPECT.
Despite investigators thoroughly examining all of the shoes worn by Degorski in photographs taken from family as well as friends photo albums. These photos of investigative interest were taken in the years well before , during and after the murders took place. No link was made from photos of Degorski shoes to the foot prints left in the snow by the murderers on that tragic night.
The absence of Degorski's DNA and prints creates reasonable doubt about his physical presence or involvement. The state's case against Degorski's alleged involvement relied entirely on indirect circumstantial evidence of whiteness statements/testimony , alleged confessions , rather than direct physical proof. Degorski's conviction was based primarily on circumstantial testimony and not physical proof , like in Luna's case.
In modern criminal standards , the absence of DNA and prints from a defendant at a major crime scene can create reasonable doubt.
AN EYE WITNESS SAW SOMEONE THAT WASN'T DEGORSKI or LUNA AT THE SCENE.
An eye whiteness named David Pisano saw someone leaving the scene during the time of the murders , that didn't fit Luna or Degorski physique or description. Pisano was also familiar with Luna and Degorski's Physique and description due to them all frequenting the same teen social gatherings and parties. This eye whiteness account supports Degorski's claim that Luna most certainly had someone else as an accomplice.
THE SO CALLED CONFESSION , A KEY CONTROVERSY
Degorski didn't confess on a video tape , though it was and still is , described publicly by the media as Degorski did. This misconception is based on court filings made by the investigators. After review by the defense attorney. It was found that the investigators and then also the media , mis-labeled this video as a "confession tape''. More compelling is that 47 hours of video should of been made , yet only 4 mins exists somewhere. In which Degorski actually said , that he ''only wanted to talk to a judge''. Explained by Degorski as meaning , "charge me or release me". The video contained NO form of confession. He didn't describe the crime and didn't admit to any type of involvement. After the defense attorney confronted the true contents of this tape , the police who were desperate to close the case before it's 10-year anniversary, claim that Degorski confessed to them prior to the video being made. The defense contested the investigators accuracy and credibility. Many see it as the tape proves there was no confession. The investigators brought Degorski all the way from Indianapolis to Streamwood Illinois for the purpose of investigating and questioning but , with all this time building up to Degorski actually being questioned , they didn't have the videographer on standby record right away ? This is hard to understand.
The defense also strongly disputed the said confession. Claiming Degorski was physically and mentally abused, as well as denied the presence of a lawyer during questioning. He was held at the Streamwood police department for 2 days without counsel, meals and sleep. The investigators were bribing Degorski to say something on tape in order for him to be allowed to make his phone call to the lawyer he knew since 1987. No one heard from Degorski though he was the type to call his lawyer over a small baggie of weed found in his possession. Here Degorski sat in custody facing the death penalty for murders he didn't commit and no one heard from him ? It's clear to the ones who know Degorski , that he was denied counsel . The Streamwood department had surveillance of the hallways to the interrogation room which proved that Degorski was deprived under the investigators care but , the defense attorney didn't allow this evidence to be revealed to the jury or for Degorski to testify about the illegal interrogation tactics utilized. The defense attorney told Degorski ,to save it for the trial and never did.
There are also potential issues with the prosecution's use of Michael McHale who had been Assistant State's attorney (ASA). Then , not long at all after helping to solve this high profile multiple murder case , became a Cook County judge. He testified about Degorski's confession. McHale stated that he believed Degorski's alleged confession to police while not recording him , was "reliable." Degorski argued this was improper because McHale was offering his personal opinion rather than factual or expert evidence. The appellate court, held that even if this was problematic , it was "harmless beyond a reasonable doubt". This might be spun as misuse of a figure of authority to bolster a weak confession-based case.
ELABORATION OF INTEROGATION
A few hours after arriving at the Streamwood police station. McHale pops into the interrogation room and jokingly saying "did someone ask for an attorney - I'm an attorney." Degorski said "You're not my attorney. McHale announced he's the state's attorney. McHale claims Degorski immediately started confessing to him. I.O.W's , McHale solved an over 9 year old high profile homicide case straight from the start without hesitation from Degorski or proof he was involved ? So then McHale looked over his notes and went into the hallway. He was tired and sniffling and so he went and took a nap until 6 am. Is this not strange behavior ? Many would be fueled solving a high profile 9 plus year old multiple murder case. They claim Degorski confessed to them and yet kept interrogating while McHale napped till 6am. Why was Degorski under interrogation still if he just confessed ? When McHale came back in the morning McHale claims Degorski had a much better testimony. Sleep depravation and pressure doesn't often work like that , though this is what McHale claims. Then McHale claims Degorski then confessed off of tape to him again. Mc Hale claims Degorski was just a jabbering away from the start but, when confronted by Degorski's defense lawyer about why there was so little reportedly said by Degorski about the case during over 47 hours of interrogation, Mc Hale conflictingly said something like, Degorski was silent a lot.
When you put it all together, you have to contemplate, why weren't they recording from the start to get the claimed confessions? Yet realistically , it also means there's no recording of Degorski repeatedly asking to call his lawyer friend , them bribing Degorski to say something on tape in order to call his lawyer or recorded evidence of them threatening to leave Degorski in the interrogation room longer. Though the videographer ------ was there most of the time. The videographer should of been questioned under oath but, for some reason the defense attorney failed to do so.
THE SYSTEMS HISTORY
Degorski's arrest mistreatment included an illegal warrantless arrest in Indiana. Which was later ruled unconstitutional in a civil suit.
We already went over the systems injustices during interrogation.
Degorski was severely beaten by a Cook County jail guard named Thomas Wilson on Degorski's first night in jail , resulting in facial fractures of a broken cheek bone and broken orbital socket. Which required surgery to put his eye back in it's socket as well as insert plates in his face and skull to reconstruct the damage done by a person appointed by the state to look over the inmates.
Something to consider , though it's likely "old school thinking". I've herd of psychological evaluations being done on suspects during their first night in jail. The general conclusion to these evaluations was that people whom were guilty , felt relief and very often sleep well considering it's their first night in captivity for a crime. On the other hand , the innocent , frequently were distraught and were upset. Much like Degorski was on his first night. So this reaction to the first night being jailed , used to be part of the process of evaluation that contributed to the cases by investigators.
A $451,000 civil judgment against the officers severe assault - highlighting systemic abuses that tainted the entire following legal process. The brutal beating that took place while in custody shows indications of injustice within the system. Systemic injustices. There was no concept of innocent until proven guilty in this case.
Degorski didn't receive any of the money from the settlement , it was kept by the state for "room and board." Media coverage has implied Degorski received these funds. Furthering the misguided outrage against Degorski.
According to publicly available data from the National Registry of Exonerations (NRE) , here are some key figures of wrongful convictions exonerations in Illinois alone:
.The NRE reports about 531 exonerees in Illinois.
.One news source reports "over 538 people since the late 1980's" in Illinois have been wrongly convicted and later exonerated.
Looking into this case may exonerate another innocent soul.
Our Story in Pictures: James Degorski, wrongfully convicted of Brown's chicken massacre's Journey to Make a Difference
