Heidelberg family lawsuit dismissed by federal judge

Federal Judge Sara Darrow on March 27 dismissed a 2018 civil-rights lawsuit filed by the family of the late Cleve Heidelberg against the City of Peoria, Peoria County, and several ex-police officers and prosecutors.

The suit claimed that Heidelberg was wrongfully convicted of the May 1970 murder of Peoria County Sgt. Ray Espinoza during an attempted robbery at the former Bellevue Drive-in Theater.

Heidelberg’s car, which was used in the murder, led police on a chase that ended in a crash at Blaine and Butler in Peoria. The driver ran from the scene, and police found Heidelberg hiding nearby.

Heidelberg said another man had used his car to commit the robbery and murder, but a jury convicted him.

The Community Word covered the case extensively in a series of stories from 2016 through 2018.

In April 2017, Heidelberg was granted a new trial after a man testified that another man had claimed responsibility for the killing. The next month Heidelberg was released from prison.

The County appealed the decision to vacate his conviction, and intended to retry Heidelberg for the murder, but Heidelberg died in March 2018.

His family then filed suit which sought more than $100 million in damages from County and City taxpayers.

Judge Darrow said all the claims were barred by 1981 and ’82 settlements and dismissals in a 1973 lawsuit that made the same claims, and she expressed doubt about allegations of police fabricating evidence in the prosecution.

Peoria County State’s Attorney Jodi Hoos said, “The County has always had full confidence that the right person was convicted of Sgt. Espinoza’s tragic murder. This will hopefully provide Sgt. Espinoza’s family some much deserved and long-awaited closure.”

Heidelberg’s heirs still have the right to appeal, but County and City officials say they’re confident that Judge Darrow’s decision would withstand legal challenges.



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