Madison County Illinois Prosecutors Allegedly Sanction “Shakedown” Of Inmate Cell In Retaliation For Crushing Defeat In Federal Court Opinion

It is a wise standard operation procedure for officials working in correctional facilities to routinely search or “shakedown” the housing units or jail cells of inmates. These kind of operations are usually done to uncover contraband (i.e. drugs, actual currency, shanks, and other tools or manufactured weapons that inmates utilize to aid in penetrating an escape and to exact violence upon other inmates, correctional staff, or both) within the confines of prison or jail walls. While these type of “in house” methods of housekeeping within Correctional institutions serve as safety nets to protect staff and the public at large, these are tactics typically sanctioned by Correction admins such as the Warden, Security Chief, etc.

The prosecutor’s office in most jurisdictions have extremely little to no say in these kind of correction dealings, with the only exception being when they alert correction officials of inmates who are cooperating with the state in the prosecution of another inmate. Then, that inmate’s housing status usually gets flagged and they are assigned certain to housing units such as protective custody, or some form or another kind of administrative segregation, to protect the inmate from the general population of the facility, and to maintain security.

However, I’m not sure of the last time a state prosecutor’s office called a correctional facility with a request to have an inmate’s cell “shook down” (searched). According to sources associated with TPC, a direct request came down the pike from a Madison County prosecutor to have the prison cell of Mr. James Evans “shook down” to locate discovery (tapes) that are in evidence related to his convictions. This hasn’t actually been confirmed by TPC, but Evans’ cell was allegedly searched twice within a week, as correction officials were reportedly looking for discovery or evidence in the form of audio tapes, the sources said. Evans was asked directly by officials if he had any tapes in his cell, and Mr. Evans reportedly stated that he only had one tape, which was a rap tape (“Fear of a Black Planet,” by the rap group Public Enemy).

During the second “shakedown” Evans who has a relatively clean prison record, was reportedly cited by officials for having expired medicine and an inhaler used to treat his asthma,, in his cell. Both items were actually issued to Evans by the prison infirmary (meaning at least a PA or APRN prescribed the items to Evans). It’s not like he actually had narcotics or other unauthorized non prescription drugs. These kind of infractions could cause serious trouble for inmates. They could lose good time, their job within the prison which they need to support themselves, lose visits, or even worst by being sent to segregation (a disciplinary housing unit often referred to as solitary confinement) for months, and in some instances can even have time added to their sentence(s).

The alleged issuance of these kind of infractions are simply disgusting for obvious reasons. First off, the citations are “nick picky” and the fact that correction officials could only fine such weak infractions in Evans’ cell, speaks volumes. Especially when you consider that Evans case has made headlines in a nationally recognized law journal (Law.com), which highlighted an article regarding an Opinion filed by the Illinois 7th Circuit, a federal court that Evans filed an appeal to regarding a 20 year inordinate delay in his postconviction application. The fact that correction officials were reportedly looking for discovery from Evans’ case, from in side of his prison cell should seriously raise eyebrows.

The three judge panel excoriated the state courts for what they call an “indefensible” delay in Evans’ postconviction application, and highlighted in the judges Opinion were, you guest it, tapes that despite 4 separate court orders to turn the discover over to Mr. Evans, the prosecutors still have not fully complied. So, it should now be considered if the Illinois State’s Attorney office even have the subject tapes in the states possession. This is a crucial phase of the proceedings pertaining to Mr. Evans’ postconviction. The case has been remanded on the merits back to the initial lower federal court that initially denied Evans’ Habeas petition. This would usually mean that an evidentiary hearing would typically be held in the next proceedings (meaning Madison County Illinois prosecutors will have to produce the requested tapes that they have been ordered by the state courts to release for years).

In most judicial systems in the United States, the State’s Attorney General (the highest law enforcement official in the state) is typically required by law to maintain the record, including all evidence used to convict a defendant, for the entire duration of the defendant’s sentence when convicted and committed to a term of imprisonment. Mr. Evans was sentenced to 107 years in the Illinois state division of corrections (60 years for murder and 47 for soliciting murder). This is required for Appellate reason in the event of an error having been committed in a defendant’s case.

With that being said, is this alleged sanction by Madison County prosecutors a “hale Mary”? A last ditch effort to dig themselves out of a hole that corrupt prosecutors and law enforcement officials dug over 20 years ago? Nobody who has been watching closely to this case is fooled by such an inordinate delay in Evans’ postconviction application. Prosecutors have been allowed to defiantly disobey orders to turn over the discovery (tapes), that were ordered by the original trial court in this case, with impunity, and if Mr. Evans hadn’t filed a Habeas challenging his custody and confinement, the time clock in the 20 year delay would have continued counting without moving this application further down the process.

It appears that the cowardly “shakedown” of Evans’ cell was an amateur tactic (harassment) by a corrupt system that is now being held accountable after more than two decades. They should stop wasting time, stop posturing, and look at the evidence in this case. James Evans clearly doesn’t have discovery tapes from his trials in his cell (that’s what he has been asking for all these years to help prove that the cops and prosecutors framed him), and I seriously doubt if the State of Illinois have those tapes any longer either. That couldn’t be any clearer now.

I’m Journalist And Crime Blogger David Adams

The People’s Champion Blog

David Adams

A Self proclaimed geek, Sympathizer for the homeless, Social Change Advocate, Crime Blogger, Promoter of Awareness for Missing and Exploited Children, and a mobile technology enthusiast. A recognized Journalist and Human Interest Writer championing the plight of the masses whom are without a voice of their own.

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It is a wise standard operation procedure for officials working in correctional facilities to routinely search or “shakedown” the housing units or jail cells of inmates. These kind of operations are usually done to uncover contraband (i.e. drugs, actual currency, shanks, and other tools or manufactured weapons that inmates utilize to aid in penetrating an escape and to exact violence upon other inmates, correctional staff, or both) within the confines of prison or jail walls. While these type of “in house” methods of housekeeping within Correctional institutions serve as safety nets to protect staff and the public at large, these are tactics typically sanctioned by Correction admins such as the Warden, Security Chief, etc.

The prosecutor’s office in most jurisdictions have extremely little to no say in these kind of correction dealings, with the only exception being when they alert correction officials of inmates who are cooperating with the state in the prosecution of another inmate. Then, that inmate’s housing status usually gets flagged and they are assigned certain to housing units such as protective custody, or some form or another kind of administrative segregation, to protect the inmate from the general population of the facility, and to maintain security.

However, I’m not sure of the last time a state prosecutor’s office called a correctional facility with a request to have an inmate’s cell “shook down” (searched). According to sources associated with TPC, a direct request came down the pike from a Madison County prosecutor to have the prison cell of Mr. James Evans “shook down” to locate discovery (tapes) that are in evidence related to his convictions. This hasn’t actually been confirmed by TPC, but Evans’ cell was allegedly searched twice within a week, as correction officials were reportedly looking for discovery or evidence in the form of audio tapes, the sources said. Evans was asked directly by officials if he had any tapes in his cell, and Mr. Evans reportedly stated that he only had one tape, which was a rap tape (“Fear of a Black Planet,” by the rap group Public Enemy).

During the second “shakedown” Evans who has a relatively clean prison record, was reportedly cited by officials for having expired medicine and an inhaler used to treat his asthma,, in his cell. Both items were actually issued to Evans by the prison infirmary (meaning at least a PA or APRN prescribed the items to Evans). It’s not like he actually had narcotics or other unauthorized non prescription drugs. These kind of infractions could cause serious trouble for inmates. They could lose good time, their job within the prison which they need to support themselves, lose visits, or even worst by being sent to segregation (a disciplinary housing unit often referred to as solitary confinement) for months, and in some instances can even have time added to their sentence(s).

The alleged issuance of these kind of infractions are simply disgusting for obvious reasons. First off, the citations are “nick picky” and the fact that correction officials could only fine such weak infractions in Evans’ cell, speaks volumes. Especially when you consider that Evans case has made headlines in a nationally recognized law journal (Law.com), which highlighted an article regarding an Opinion filed by the Illinois 7th Circuit, a federal court that Evans filed an appeal to regarding a 20 year inordinate delay in his postconviction application. The fact that correction officials were reportedly looking for discovery from Evans’ case, from in side of his prison cell should seriously raise eyebrows.

The three judge panel excoriated the state courts for what they call an “indefensible” delay in Evans’ postconviction application, and highlighted in the judges Opinion were, you guest it, tapes that despite 4 separate court orders to turn the discover over to Mr. Evans, the prosecutors still have not fully complied. So, it should now be considered if the Illinois State’s Attorney office even have the subject tapes in the states possession. This is a crucial phase of the proceedings pertaining to Mr. Evans’ postconviction. The case has been remanded on the merits back to the initial lower federal court that initially denied Evans’ Habeas petition. This would usually mean that an evidentiary hearing would typically be held in the next proceedings (meaning Madison County Illinois prosecutors will have to produce the requested tapes that they have been ordered by the state courts to release for years).

In most judicial systems in the United States, the State’s Attorney General (the highest law enforcement official in the state) is typically required by law to maintain the record, including all evidence used to convict a defendant, for the entire duration of the defendant’s sentence when convicted and committed to a term of imprisonment. Mr. Evans was sentenced to 107 years in the Illinois state division of corrections (60 years for murder and 47 for soliciting murder). This is required for Appellate reason in the event of an error having been committed in a defendant’s case.

With that being said, is this alleged sanction by Madison County prosecutors a “hale Mary”? A last ditch effort to dig themselves out of a hole that corrupt prosecutors and law enforcement officials dug over 20 years ago? Nobody who has been watching closely to this case is fooled by such an inordinate delay in Evans’ postconviction application. Prosecutors have been allowed to defiantly disobey orders to turn over the discovery (tapes), that were ordered by the original trial court in this case, with impunity, and if Mr. Evans hadn’t filed a Habeas challenging his custody and confinement, the time clock in the 20 year delay would have continued counting without moving this application further down the process.

It appears that the cowardly “shakedown” of Evans’ cell was an amateur tactic (harassment) by a corrupt system that is now being held accountable after more than two decades. They should stop wasting time, stop posturing, and look at the evidence in this case. James Evans clearly doesn’t have discovery tapes from his trials in his cell (that’s what he has been asking for all these years to help prove that the cops and prosecutors framed him), and I seriously doubt if the State of Illinois have those tapes any longer either. That couldn’t be any clearer now.

I’m Journalist And Crime Blogger David Adams

The People’s Champion Blog

David Adams

A Self proclaimed geek, Sympathizer for the homeless, Social Change Advocate, Crime Blogger, Promoter of Awareness for Missing and Exploited Children, and a mobile technology enthusiast. A recognized Journalist and Human Interest Writer championing the plight of the masses whom are without a voice of their own.

More Posts - Website

Follow Me:

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