IN THE CIRCUIT COURT OF COOK CRIMINAL DIVISION )ltIEI'ifJ Aim-Elli] haunon 35100:]de 13mm Linnam '-!llL PEOPLE or THE STATE or ILLINOIS, i at, in . . Plaintiff-respOndent1003 ?1 I ROOSEVELT MYLES, Defendant-Petitioner. MOTION TO ALLOW COUNSEL TO SUBPOENA OISCIPLINARY MATERIAL ON DETECTIVE WOJCIK IN ORDER TO PROVE AND PRACTICE OF MISCONDUCT Roosevelt Myles, defendant-petitioner, hereby moves this Honorable Court to aliow him to subpoena Detective Anthony Wojcik's disciplinary record from the Chicago Police Department in order to show that he pressured Octavius Morris to identify Rooseveit Myies as the shooter in this case although Myles did not fit the original description ofthe individual who Shaharain Brandon in this case. In support of this motion, counsei states the following: 1. The original description of the people who killed Shararain Brandon in this case was of a male black, 5'6" tall, late teens and all dark clothing and a male black, late teens, wearing a white jogging suit with a dark stripe on the sleeves. (Exhibit 1) 2. Roosevelt Myles at that time was 29 years old, 5?6" tall and 134 pounds. (Exhibit 2} 3. As a result, he did not even remotely match the original description given of the offenders in this case. 4. He was not identified originaily as the offender in this case by either of the witnesses to whom he was shown, Octavius Morris and Sandra Burch. Morris testified at trial that Detectives Wojcik, Rutherford and McDonald pressured her to 5. identify Roosevelt Myles as the offender in this case by coming to her house six times during a three week period after the shooting. (Trial Transcript, 6. Then, on December 7, 1992 she told the aforementioned detectives that Roosevelt Myles committed this crime. Scanned by CamScanner 10. 11. 12. 13. 14. 15. Detective Rutherford testified at trial that when Octavius Morris told them what happen?Ed in an account in which Roosevelt Myles was not identified as the shooter that her account was not what he "wanted to hear?. (Trial Transcript, 6-75) After that conversation, Morris identified Roosevelt Myles as the shooter. {Trial Transcript. G-76-77) On October 18, 1993, Octavius Morris recanted her statement that Roosevelt myles committed the murder of Shaharain Brandon in the presence of Public Defender investigator Richard English and stated that she identified Myles as the shooter because the Police pressured her to say that it was Myles by constantly coming to her house and asking her if she was sore that it wasn?t Myles. (Trial Transcript, F-121-124) She then recanted the statement she gave to the Public Defender investigators at trial and Once again identified Myles as the person who committed the murder of Sha harain Brandon saying that the statement was the result of pressure placed on her by unidentified "friends? of Roosevelt Myles. (Trial Transcript, F-161-162) Detective Anthony Wojcik has been under investigation for pressuring witnesses and defendants in at least 13 other cases. (Exhibit 3) Consequently, Roosevelt Myles requests leave of court to subpoena the disciplinary file of Officer Wojcik in order to establish his pattern of intimidating witnesses and defendants in order to get them to give the story he wants to be told. This Honorable Court can grant discovery in post-conviction cases for good cause shown. Daley v. Fitzgerald, 123 HS, 526 131 (1988} in this case, Roosevelt Myles has shown good cause for this court to grant him leave to issue these subpoenas for this above stated purpose. As a result, Roosevelt Myles request that this Honorable Court grant his motion for discovery. 5: Dub REY WALKER Assistant Public Defender Attorney for Roosevelt Myles Scanned by CamScanner EXHIBIT 1 Scanned by CamScanner I DETECTIVE Division 2 15 nov 1992 ms 5 VIOLENT CRIMES HOMICIDE MURDER IST DEG. 541 671 (BRANDON, Shaharain) VICTIM: BRANDON, Shaharain' L. 5524 w. Cortland ave Ph 745?5681 dob 19 Jul 76 age 16 unemployed student at Near North HS 1500 N. Laramie ?*{Member 4 corner Hustlers street gang (NICKNAME TONY) reen slacks green/blk/grey high top shoes white socks multi colored jockey shorts WANTED: 2 #1 1 5'6" late teens all dark clothing #2 6?0" late teens white jogging suit dark stripe on sleeves INJURIES: victim suffered 2 GSWs to upper chest 1 bullet penetrated the lung To: Mt. Sinai Hosp. by fire ambulance treated hy Dr. Paxton, listed in critical condition taken to surgery PRONOUNCED BI DR. PAITON AT 0522 THE HT. SIHAI HOSPITAL HRS MEDICAL EIRMIHERS 295 HOV. INV. THOMPSOH :T?esg??eautomatic handgun LOCATION: 4314 W. Washington on the street DATE 5 TIME: 16 Nov 92 Monday) 0245 hrs. HEATHER a LIGHTING: low 405 good outdoor street lighting Scanned by CamScanner EXHIBIT 2 Scanned by CamScanner ?me, DETECTIVE DIVISION AREA 5 VIOLENT CRIMES Homicide/First be re a Brandon, Shaharaig Murder LOCATION OF PHOTOS TAKEN PHOTOS UNDER PERSONS CONDUCTING LINE-UP: PERSONS VIEWING LINE-UP: PERSONS PRESENT FOR LINE-UP: PERSONS PARTICIPATING IN LINE-UP: PERSONS IDEHTIFIED IN LIKE-UP: HISTORY 8 INVESTIGATIOH: line'up as the person who shot Shahnain Brandon on 16 Nov. 92. was allowed to choose his own spot to stancl in the line?up. Participants were not made to don any nor utter any phrases0225 AREA 5 VIOLENT CRIMES 5555 W. GRAND P.O. Kevin BALDWIN 6686 541 671 Det. A. Wojcik #20834 Det. R. Rutherford #20?20 Burch, Sandra, DOB 22 Mar. 57, 490? N. West End, ASA Caren Armbrurst #1.Nence, Kenneth, 5'5, 15?lbe, #2.Gary, Robert, M/l/Zl, 5?10, 1801b5., #3.Tisden, Eddie, 5'9, Zlolbs, #4.Thomas, Wilbert, 5-5, 1571bs., #5.Myles, Roosevelt, 5'6, 1341bs., Myles, Roosevelt Subject 5 was IDed in this He Det. A. Wojcik 20834 Det. R. Rutherford 20720 Scanned by CamScanner . in the Scanned by CamScanner l. coercin defendants Lenin Perez Roberto Perez Jesus Rodriquez Carolos Santos Terrance Sparks Ryan Murph?iv' Janet Eruby Abrego Ramirez Alfredo John Lavelie Angel Rosado Keith andgor witnesses 01 CR 5828 01 CR 5828 04 CR 27083 02 CR 15262 02 CR 5304 01 CR 24452 06 CR 13771 93 CR 9739/02 01 CR 19273 01 CR 19273 02 CR 15262 95 CR 20806 04 CR 9536 Scanned by CamScanner