A victory for former Cook County prosecutor Nick Trutenko in his criminal case surrounding the decades long legal saga of convicted cop-killer Jackie Wilson is spilling over to his civil case – where he is named as a defendant in a wrongful conviction lawsuit brought by Wilson.
Last week, Trutenko responded in federal court to a supplemental brief filed by Wilson, convicted twice for this his role in the 1982 murders of two Chicago police officers, by citing a key November 8 ruling by Lake County Judge Daniel Shanes in his criminal trial: that he, Trutenko, and prosecutor Paul Fangman did indeed have an attorney-client relationship
The ruling placed communications between Fangman and Trutenko, obtained through a subpoena by a special prosecutor, off limits in the trial. Special prosecutors immediately announced they would file an appeal in the case.
Jackie Wilson was first convicted, along with his brother, Andrew, in 1983 for the execution style murders of officers William Fahey and Richard O’Brien. In 1989, Jackie, tried separately from his brother, was acquitted of the Fahey murder but convicted again of the O’Brien murder. He was sentenced to life. Trutenko prosecuted that case. In 2018, Judge William Hooks released Wilson from prison.
Back in March, Trutenko was charged with perjury and obstruction of justice stemming from the third Jackie Wilson trial in 2020 for the murders. Charges against Wilson were dropped in that case based in part on the allegations against Trutenko.
In the wrongful conviction case, Trutenko cited Judge Shanes’ ruling in response to Wilson's lawyers assertion that an attorney-client relationship with Fangman did not exist.
“But what Fangman said repeatedly to Trutenko, both orally and in writing, and what Fangman did and continued to do for Trutenko, which was known to Trutenko, created an attorney/client relationship,” Judge Shanes ruled. “Fangman acted to protect Trutenko's interest...The Court finds that an attorney/client relationship existed by September 15 when Trutenko was served the early morning hours with the subpoena to testify. He immediately contacted Fangman, sought help, literally asked Fangman to please advise. And in a series of communications that started immediately thereafter, Fangman responded that he would help.”
Trutenko also cited the judge’s ruling in refuting claims that he, Trutenko, had earlier waived any attorney-client privilege.
“As of June 2023, Trutenko, or at least his attorneys, received the discovery in this case and were, therefore, aware of the State's intention to use the Fangman communication with Trutenko, memos and notes of interview, the like.…..Based upon the totality of the circumstances in this case, the Court does not find in this case that the five months since June operates as Defendant's intentional waiver. Bearing in mind the foundational role of attorney/client privilege in any civilized system of justice, it takes more than the facts present in this case to constitute a waiver. And the law is consistent with that principle.”
Trutenko was one of over a dozen named in the Wilson wrongful conviction complaint filed in June 2021. The list includes former Cook County State’s Attorney and later Chicago Mayor, Richard M. Daley.
Judge Shanes is presiding over the case due to a potential conflict in the Cook County court system given that Trutenko and anther defendant, Andrew Horvat, previously worked in the state’s attorney’s office.
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