Defense attorneys for a man convicted of killing off-duty Chicago police Officer Clifton Lewis were granted permission Tuesday to view internal investigative files of the Chicago Police Department on the matter.
Cook County prosecutors said in court Tuesday they did not object to the defense’s effort to inspect the files, and Associate Judge James Linn signed off on the request. As for the defense’s allegations about police withholding key information, prosecutors said, they would respond at a later hearing.
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In a filing last week, attorneys for Alexander Villa accused police of obscuring and manipulating evidence that could have supported Villa’s defense. Villa was one of three men accused in Lewis’s 2011 murder. He was convicted by a Cook County jury in 2019, but has not yet been sentenced.
In court Tuesday, Linn indicated he was eager to move the case forward, urging attorneys to remain “optimistic” that a motion for a new trial could still be argued later this month.
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“This is killing me, I’m working nonstop on this case,” Jennifer Blagg, one of Villa’s attorneys, told Linn. “I keep finding things. I keep finding things.”
“I’m not sure what you’re finding is as fascinating as …” Linn said from the bench, trailing off.
In response, Blagg pulled out a decade-old map created by the FBI showing that the alleged getaway driver’s phone was not at the location of the shooting at the time of the shooting.
“Never given to the prosecution, never given to the defense,” she said. “… I think that’s pretty earthshattering.”
Other details allegedly withheld included information that could have shown what Villa was texting his girlfriend at the time of the shooting.
Lewis’ slaying made headlines across the city in 2011. Graphic security video shows two masked gunmen charge into the M & M Quick Foods in the 1200 block of North Austin Boulevard and fatally shoot Lewis, who took cover behind the counter and returned fire. The officer, described as a “gentle giant,” had just gotten engaged a few days before he was killed.
Three men were ultimately charged with Lewis’ murder. Villa and Tyrone Clay were the two shooters, prosecutors allege. Edgardo Colon was charged with being the getaway driver.
A Cook County jury convicted Villa in a late-night verdict in 2019. Prosecutors argued that surveillance video of the shooting, while not particularly sharp, showed the large tattoo on Villa’s neck. They also relied on witnesses who said they overheard Villa admit to the shooting, though they did not come forward until long after the killing.
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Colon was convicted of murder in 2017, only to have the case overturned on appeal. His constitutional rights were violated when police continued questioning him after he indicated he wanted a lawyer, the appellate court found. Colon is free on bail awaiting a second trial, at which prosecutors will not be able to use his videotaped confession against him.
Clay has been in jail for more than a decade awaiting trial. Several years were spent in legal wrangling over whether Clay’s videotaped statements could be shown to jurors. His attorneys argued that Clay’s “limited intelligence and verbal comprehension” made him unable to competently waive his Miranda rights. Cook County Judge Erica Reddick ultimately agreed and threw out the statements.
Prosecutors appealed that decision; the state appellate court eventually ruled that the confession should not go before a jury.
Clay is slated for a hearing this week to determine whether he should be released on bond awaiting trial.
mcrepeau@chicagotribune.com
