>> A new investigation reveals that county prosecutors are challenging efforts by wrongfully convicted individuals to clear their names and secure compensation certificates of innocence created by Illinois lawmakers in 2008 were designed to help exonerees access state compensation and rebuild their lives with better access to jobs and housing under Cook County State's Attorney Eileen O'Neill Burke.

The office has reportedly opposed nearly 4 out of every 5 requests for a certificate.

Joining us our Dan Hinkel senior reporter at Injustice.

Watch.

It's a nonprofit newsroom focused on the Cook County Court system and author of the investigation Lyla was Piper, a staff attorney at the Exoneration Project and Roosevelt Miles, who was wrongfully convicted of murder in 1996 and received his certificate of innocence in 2024, everyone, thank you for joining I'm Dan Hinkel.

Tell us about your investigation.

What did you find?

>> When we dug into the court record, what we found was just a nice day change between.

How former state's attorney Kim Foxx him of these things.

And why we do know, Brooke handles Kim Foxx intervened and objected to the certificates.

Pretty rarely I think we found one out of 4 cases and this for people exonerated in her second term.

second four-year term.

And I want know has objected to nearly all of them 4 out of 5 in a year and a half and just sort of put it in perspective.

I think, know, Brooke has objected to more in a year and a half.

And Kim Foxx objected to during her entire second term.

While OK?

>> Lyla, what's the process for individuals in Cook County when they are seeking a certificate of innocence?

Absolutely.

So it comes after someone has had their convictions vacated usually through a post conviction hearing or through a section to 14, one petition and then we file what's called a certificate of Innocence.

It's a petition.

It's usually accompanied by exhibits demonstrating their innocence.

Oftentimes the records from the proceedings below.

And and typically the goal in these is to get them to a hearing.

The point is to have that evidence in front of a judge and have them determine whether our client meets the burden to establish that they're entitled to a certificate of innocence.

Whats been happening right now with this administration is delay after delay and frivolous motion after frivolous motion.

What this should look like is getting a hearing in front of a judge with our evidence.

What it actually looks like is the line states attorneys filing frivolous motions and asking for a continuance is to harass and delayed cases.

And for everyone at home line attorneys not lying that you want to make sure people don't think that that's what you're Miles, you received your certificate of innocence in 2024.

After being wrongfully convicted of murder, 96.

>> What was that process like for you to receive that certificate?

It was like.

I >> You the Pru n put people to know to to actually innocent.

get that.

It was overwhelming.

I see the whole copy of it up in my office at home.

So I can look at it.

Remind me of what I went through received Because state of polls in we see the mine.

>> that means and you received in 2024. this means that you received it when a Kim Foxx was still serving.

Yes, as Cook County State's for it.

Dan, what approach has Eileen O'Neill Burke's office taken on whether to impose a certificate of innocence?

What's but Browns month they are opposing nearly all of the result.

But the I as you declined my request speak with her year and a half now.

So I would love to find out what she thinks about and >> open invite to talk.

But she has spoken publicly about and where she said she told the Tribune in 2025 that she felt that certificates of innocence for for people who had what she called irrefutable evidence of their innocence.

Right.

And she cited DNA.

Anyone who knows anything about how the court system works.

Notice the DNA is pretty rare in these cases.

So you're not going to give out a lot of tickets of innocence if if that's the standard.

But that you're thinking, I know that her her assistance of also got into court.

And, you know, generally alleged on the record that, you know, they say these folks can't prove their innocence.

And so we don't want we're not going sent to the certificate just because they were exonerated.

They don't acknowledge that.

That means the person right because she has said that, you know, there, if you prove such as DNA.

Is that really a fair standard?

Because they were not convicted with DNA.

>> Yeah, I mean, there are a lot of people who would say that is not a fair standard.

And that once again, if you if you make that your standard, you're just not going to give out.

>> Lyla in a petition for a certificate of innocence.

The burden of proof as as Eileen O'Neill Berk has said of falls on the person who has been and of course, now exonerated.

What are some examples of exonerees who have met the bar where they've, you know, get met, that burden of proof?

>> Certainly I would use action example of one that's pending right now that they're fighting because I think our client will be able to meet that burden.

For example, we have a case in which we had a very expansive hearing.

Multiple witnesses testified, including the witness who put our client in prison originally who was course by the police when he was just 15 years old.

He courageously came forward 30 years later, took the stand and told the judge in no uncertain terms he was not our client.

And he told the judge I only implicated Mr.

Williams in this case because Guevara punched me repeatedly until I did so.

So in my mind, that's irrefutable evidence.

You have the very witness who put him in prison coming forward to say it was not that person.

And so that's the type of irrefutable evidence that the state's attorney has right now.

And she's still fighting these cases.

So it's a disingenuous statement to say that they're looking for irrefutable evidence.

>> Miles, what evidence was at that ultimately help you secure your city winds that was by detective.

And she came forward is everybody that even do He didn't do it, but they refused to listen to or so she came to court.

an affidavit and say that when needed.

Dan, I think you're reporting also shows that's often the case, right witness a previous witness recanted.

statement are changing their statement yet recanting witnesses that are the basis of a lot of wrongful conviction.

this point to the states attorneys office, they did send a statement to Wt Tw.

I think it's familiar to the one her report.

It says, quote, Our process is modeled after the Illinois Attorney General's Office and reflects a responsible approach.

>> Requiring defendants to elect one avenue of review to ensure their claims are addressed officially and effectively.

Dan, what's your reaction to that?

Because it appears to be suggesting that some wrongfully convicted individuals are not following the right steps to not navigating the process correctly.

There's post conviction step.

They're supposed to be taking first.

Well, I'll say that we sought comment will first week asked for an interview from the state's turn word decline in that regard.

>> Asked to speak to an assistant to climb in that regard.

sent a number of detail questions and instead received general statement that frankly, I'm not really completely able to interpret in full.

I think some of refers more broadly to the process for the conduct conviction, Integrity unit rather just president being specific to the question of certificates of innocence.

>> Lyla, give us a sense of how long some of these petitions can take.

>> They shouldn't take.

They should be resolved within months, especially when there's extremely developed records.

In my cases, I have multiple petitions.

I filed in June July of 2025 and we haven't even had a hearing yet.

And the judges are fed up with this approach, delaying for delays.

Purpose doesn't anything to further justice in our city.

>> Miles, you're exonerated in 2022, but it took another 2 years for you to get your certificate of innocence.

You said at that period was especially difficult.

What was that like for you?

>> It was hard of based on trying find work this live my life in the recognizes and it's an individual.

>> Because I guys, Honore, people who look at you still think you're guilty, intensive Tiffany ends and then you can show yet.

This is me.

I only convicted.

I am innocent.

So.

With the >> say, but I'm a home.

I'm at home.

I'm out friend's.

You can take Well, I got must tip innocent in 2020.

24.

It has not been addressed by on those state police yet.

That response.

5 months ago, I got as much money from my case in months ago.

The police has not complied to judge's order.

You got 60 days.

They in contempt of court right now because they comply to it.

So now I see here.

Is on or certificate and its and punch.

But I still see hit with this on my record.

still showing up on your record that would love to hear from Illinois State police about that as well.

That's something that we can work on.

>> Dan, before we're out of time to think about 30 seconds left, what does it mean?

You know, both materially and mentally for folks who are seeking and received that certificate?

Well, there's the practical things that come with them.

The the expungement important people.

they want case out of the system, others and there's some modest compensation from the state.

I think the thing that most people talk talk to a lot of guys for the story, you told me with great feeling great emotion.

This more than just the practical things that it brings, right, that it's about.

>> Getting the state to admit that it was wrong when it made a mistake and that they aren't.

>> Okay.

That's where we'll