Despite an appeal to reconsider, Peoria 10th Judicial Circuit Court Judge Albert Purnham will proceed with the appointment of an independent special prosecutor to re-examine the investigation and prosecution of an African American man for the shooting death of a white Peoria County Sheriff’s Deputy in 1970.
At a hearing today, Purnham rejected a petition by Peoria County State’s Attorney Jerry Brady to rescind the judge’s decision to appoint a special prosecutor. The state argued that the judge had determined a special prosecutor was needed because the judge had not examined the complete case record.
The judge rejected that contention.
Cleve Heidelberg was charged and convicted of the shooting death of Peoria County Sheriff’s Deputy Ray Espinoza in 1970. The state had originally sought the death penalty in the case. Heidelberg, now 73, has been in prison for 45 years and has always maintained his innocence.
Attorneys Andrew Hale of Chicago and Don Jackson of Peoria have re-examined the case and believe Heidelberg is innocent. They believe they have found evidence to support their conviction and are asking for an independent review of the evidence.
Judge Purnham agreed that an independent review is merited and rejected the state’s allegation that his decision to appoint a special prosecutor will open a floodgate for all convicted felons to demand re-examination by a special prosecutor.
The judge restated his decision that a conflict of interest exists when Brady declines to re-examine a case tried by his mentor, friend and financial backer Ron Hamm who originally prosecuted the Heidelberg case. The judge has said issues surrounding the arrest, prosecution and conviction of Heidelberg are of sufficient concern to merit an independent special prosecutor examine the case.
The judge rejected the petition by State’s Attorney Jerry Brady and will proceed with appointment of a special prosecutor. A hearing is scheduled for Sept. 22.