Published on: Saturday, May 8, 2021

Illinois man convicted of murder based on one eyewitness testimony that "dramatically changed over time." At trial, he testified he did not see the shooter but had identified Evans because the police told him to. During closing arguments, prosecutor argued recantation was false and jury should disbelieve it because he was threatened by a private investigator working for a co-defendant. Seventh Circuit: We don't usually grant habeas relief based on statements a prosecutor made during closing argument, but given the lack of evidence in this case coupled with the importance of the reason why someone changed their story which is not in the record, we're granting it. New trial. 

The case is Evans v. Jones, 19-3466 (7th Cir. May 5, 2021).