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Chicago brothers, exonerated in 1994 murder, fight for certificates of innocence

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Published  March 13, 2023 5:08pm CDT
Crime and Public Safety
FOX 32 Chicago

Chicago brothers exonerated of murder fight for certificates of innocence

Two Chicago brothers who spent decades behind bars for a murder they say they didnt commit are now trying to clear their names by obtaining certificates of innocence from a Cook County judge.

CHICAGO - Two Chicago brothers who spent decades behind bars for a murder they say they didn't commit are now trying to clear their names by obtaining certificates of innocence from a Cook County judge.

But the Cook County state's attorney's office is fighting that request, even though prosecutors dropped charges against the men two years ago.

"Justice is slow. But it does exist," said Sean Tyler, as he and his brother Reginald Henderson left the Leighton Criminal Courthouse on Monday, disappointed after a hearing into their request for certificates of innocence was postponed.

But the brothers are more upset that the Cook County state's attorney's office is asking a judge to deny those certificates.

"I mean it's been 29 years come next month," Henderson said. "Enough is enough. How long do we have to suffer? I don't think they're paying attention to that part."

In 1994 the brothers, then 17 and 18 years old, were convicted of killing 10-year-old Rodney Collins. The youngster was riding his bike outside his home when he was caught in gang crossfire.

The brothers say their confessions were beaten out of them by police led by the notorious commander Jon Burge and in 2021 the state's attorney's office dropped the murder charges.

"We're trying to get on," Henderson said. "We left when we were 18 and 17. Man, we're 48 and 47-years-old now."

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A spokesperson for state's attorney Kim Foxx would not comment on why they are fighting certificates of innocence for the brothers, saying they can't comment on an ongoing case.

But attorneys for the brothers say it just doesn't make sense.

"I have no idea why the state believes that Sean and Reginald are innocent enough to have their convictions vacated but not innocent enough to have a certificate of innocence," said Karl Leonard, who is Tyler’s attorney.

"They shift the burden to us and say 'you've got to prove your innocence, and try then to rely on the same evidence they agree wasn't good enough to maintain the conviction," said Jennifer Bonjean, Henderson’s attorney. "It's very backwards."

The brothers are due back in court later this week. If they do get the certificates of innocence that would officially remove the convictions from their records and allow them to bring a claim of damages against the state of Illinois.