Case: 1:04-cv-04992 Document 50-15 Filed: 12/03/09 Page 1 of 3 PageID #:1300

Exhibit 12

Case: 1:04-cv-04992 Document #: 50-15 Filed: 12/03/09 Page 2 of 3 PageID #:1301

STATE OF ILLINOIS
SS

COUNTY OF KNOX

OF DAVID RIVERA

AFFIDAVIT

Under

forth

set

penalties

in this

instrument

and belief and as

to

be

and correct

the undersigned

to

as

except

certifies

David

Rivera

matters

therein

as

aforesaid

certifies

stated

he

that

the statements

that

be

to

on information

believes

verily

the same

true

was born on December

1.

am

1965.

currently

incarcerated

prepared

for

at

Hill

Correctional

B42360.

Center

understand

2.

Solache

that

this affidavit

is

being

Reyes Cook County Case No.

Arturo

court in that

98

CR

of People

the case

12440 and

that

this affidavit

v.

Gabriel

will

be

filed

in

case.

am

3.

me

are true

such matters

to

by law the undersigned

as provided

in

anything

making

exchange

this

making

for

of

statement

this

my own

statement.

free

No

will.

No

one has offered

me

one has threatened

in

or given

promised

connection

with

this

statement.

On

4.

me

arrested

for

arrested several

Once

6.

21 1991

murder committed

was

5.

interview

February

Guevara

arrived

acted

very

at

around midnight

7-Eleven

at

blocks

frustrated

convenience

away from

the police station

yelling

Detectives

the

Guevara

slamming

Steven

store

7-Eleven

took

his

Gawrys and Ray Guevara

on February

where

over

my

1991.

the crime occurred.

interview.

hands on the table

During

the

and standing

over

me.

7.

years in prison.

year

sentence.

Guevara

Guevara

told

me

told

that

me

that

did not

if

if

take the plea he

accepted

the plea

would

however

make

sure that

would only have

served

to

40-50

serve

7-

 Case: 1:04-cv-04992 Document #: 50-15 Filed: 12/03/09 Page 3 of 3 PageID #:1302

After

8.

released

take

Two women

my

not

told

change

Therc were

11.

After

anything

about

was

four other Latino

bench

trial

were an

they

came in

they

At the police station

10.

Guevara.

believe

Before

statnent.

could

said that

plea Guevara

the

me

had

to

sign

some

so that

papers

could

be

go home.

to

9.

to

accepted

in

Officer

the

and

attorney

Boyle rehearsed

came

court reporter

the statement

with

me.

Guevara

statement.

in

placed

males of

1993

states

assistaiit

all

which was

line-up

different

was convicted

sizes

of

first

conducted

and shapes

degree

in

by Boyle and

the line-up

with

murder and sentenced

me.

to

50

years imprisonment.

12.

initialed

this

any necessary corrections

SUBSCRIBED
this

Prior to signing

Zcday

affidavit

to

have read and

each page and

initialed

this affidavit.

AND SWORN TO BEFORE ME
of

A-

2008.

flIALSE
GARETh

Notary

Public

My Commission

NOTARY PUBLIC

BEAMS
State
Expires

of

Illinois

Sep 21

2011

have made and