Northwest Indiana Discussion

October 25, 2009

Prosecutors Turn Tables on Northwestern Student Journalists

By MONICA DAVEY, NYTIMES

EVANSTON, Ill. — For more than a decade, classes of students at Northwestern University’s journalism school have been scrutinizing the work of prosecutors and the police. The investigations into old crimes, as part of the Medill Innocence Project, have helped lead to the release of 11 inmates, the project’s director says, and an Illinois governor once cited those wrongful convictions as he announced he was commuting the sentences of everyone on death row.

But as the Medill Innocence Project is raising concerns about another case, that of a man convicted in a murder 31 years ago, a hearing has been scheduled next month in Cook County Circuit Court on an unusual request: Local prosecutors have subpoenaed the grades, grading criteria, class syllabus, expense reports and e-mail messages of the journalism students themselves.

The prosecutors, it seems, wish to scrutinize the methods of the students this time. The university is fighting the subpoenas.
Lawyers in the Cook County state’s attorney’s office say that in their quest for justice in the old case, they need every pertinent piece of information about the students’ three-year investigation into Anthony McKinney, who was convicted of fatally shooting a security guard in 1978. Mr. McKinney’s conviction is being reviewed by a judge.

Among the issues the prosecutors need to understand better, a spokeswoman said, is whether students believed they would receive better grades if witnesses they interviewed provided evidence to exonerate Mr. McKinney.

Northwestern University and David Protess, the professor who leads the students and directs the Medill Innocence Project, say the demands are ridiculously overreaching, irrelevant to Mr. McKinney’s case, in violation of the state’s protections for journalists and a breach of federal privacy statutes — not to mention insulting.

John Lavine, the dean of the Medill School of Journalism, said the suggestion that students might have thought their grades were linked to what witnesses said was “astonishing.” He said he believed that federal law barred him from providing the students grades, but that he had no intention of doing so in any case.

A spokeswoman for Anita Alvarez, the Cook County state’s attorney, who was elected last fall, said the prosecutors were simply trying to get to the bottom of the McKinney case.

“At the end of the day, all we’re seeking is the same thing these students are: justice and truth,” said Sally Daly, the spokeswoman. She said the prosecutors wished to see all statements the students received from witnesses, whether they supported or contradicted the notion of Mr. McKinney’s innocence.

“We’re not trying to delve into areas of privacy or grades,” Ms. Daly said. “Our position is that they’ve engaged in an investigative process, and without any hostility, we’re seeking to get all of the information they’ve developed, just as detectives and investigators turn over.”

If the courts find that Mr. Protess and the journalism school must turn over the student information, they risk being held in contempt if they refuse, said Dick O’Brien, a lawyer who is representing Northwestern.

But if the school gives in to such a demand, say advocates of the Medill Innocence Project and more than 50 similar projects (most involving law schools and legal clinics), the stakes could be still higher, discouraging students from taking part or forcing groups to devote time and money to legal assistance.

“Every time the government starts attacking the messenger as opposed to the message, it can have a chilling effect,” said Barry C. Scheck, a pioneer of the Innocence Project in New York, who said he had never seen a similar demand from prosecutors. In October 2003, Mr. Protess’s investigative journalism classes began looking at the case after Mr. McKinney’s brother, Michael, brought it to the attention of the Medill Innocence Project — one of more 15,000 cases the project has been asked to consider investigating over the years.

Mr. Protess, who has been on the faculty at Northwestern since 1981 and began leading his investigative reporting students on such cases in 1991, created the Medill project in 1999, the same year he and his students drew national attention for helping to exonerate and free Anthony Porter, an inmate who had come within two days of execution.

The McKinney case took three years and nine teams of student reporters, all of whom have since graduated from Northwestern. In the end, the teams concluded that Mr. McKinney had been wrongly convicted of killing Donald Lundahl, a security guard, with a shotgun one evening in September 1978 in Harvey, a southern suburb of Chicago.

The students said they had found, among other things, that two eyewitnesses had recanted their testimony against Mr. McKinney and could not have seen him commit the killing because they were watching a boxing championship (Leon Spinks vs. Muhammad Ali). The students collected an affidavit from a gang member who, they say, confirmed Mr. McKinney’s alibi that he was running away from gang members when the shooting took place.

The students have also suggested alternative suspects in the case and offered witnesses who said they had heard the others admit their involvement.

In 2006, the students took their findings to the Center for Wrongful Convictions at Northwestern’s law school, and by late last year, the claims were being considered by a Cook County Circuit Court judge and were described in an article in The Chicago Sun-Times and on the Medill Innocence Project Web site.

The students provided their videotaped interviews of critical witnesses and affidavits to the prosecutors, but in June the prosecutors subpoenaed far more — the students’ investigative memorandums, e-mail messages, notes from multiple interviews with witnesses and class grades.

In their quest, prosecutors have raised a central question about the role of the students — suggesting that they should be viewed as an “investigative agency,” not journalists, whose unpublished materials could, under certain circumstances, be protected under a state statute.

“The school believes it should be exempt from the scrutiny of this honorable court and the justice system, yet it should be deemed a purveyor of its inadequacies to the public,” a legal brief from prosecutors said.

Professional journalism groups have said the students are clearly journalists, and offered support for their wish not to reveal their notes. Beth Konrad, president of the Chicago Headline Club, said the club was seeking a discussion with Ms. Alvarez, the state’s attorney.

“We want to know, what was the decision to overreach on this?” Ms. Konrad said.

Donald M. Craven, the interim executive director of the Illinois Press Association, questioned the prosecutors’ motives. “Taken to its logical conclusion, what they’re trying to do is dismantle the project,” Mr. Craven said.

Mr. Protess said his students most assuredly functioned as journalists and, as such, did not wish to become “an arm of the government” by providing their notes and private exchanges.

“It would destroy our autonomy,” he said. “We function with journalism standards and practices to guide our work.” The notion that students would have been rewarded with better grades for witnesses who confirmed the thesis that Mr. McKinney was innocent is simply false, he said.

“My students are told to uncover the truth, wherever that leads them,” he said. In the last four years, he said, students had twice concluded that the convicts whose cases they were studying were indeed guilty.

Sarah Forte, one of the students who investigated Mr. McKinney’s case and who graduated in 2006, said she was frustrated that prosecutors were making the requests, even as Mr. McKinney, 49, remained in a prison in downstate Dixon.

“Why are they focusing on these unrelated things?” asked Ms. Forte, a defense investigator at the Southern Center for Human Rights who said she went to Northwestern partly to get involved in Mr. Protess’s project. “I cannot even imagine what they think they are going to find.”