Chicago City Wire

The recent release of convicted murderer Kevin Jackson from prison could set a precedent for a new category of lawsuits against Chicago police for wrongful conviction. These cases are expected to focus on allegations that police intimidated witnesses to secure convictions—claims Jackson’s lawyers made in gaining his release after he served 23 years for a 2001 gang-related shooting. A federal wrongful conviction lawsuit is likely in the near future.

“Apparently some of the other wrongful conviction cases out there are not paying off as much or as quickly as they would like,” a source close to the case, who asked not to be identified for fear of retribution, told Chicago City Wire.

The lawsuits are expected to target retired Detective Brian Forberg, the lead investigator in the Jackson case and many others during his 29-year career. If successful, additional exonerations and lawsuits alleging witness intimidation by other detectives are likely to follow.

Forberg’s potential involvement in future litigation was highlighted by the website www.stopforberg.com, which shares stories from 14 “survivors” of his investigative techniques.

In its own words, the site states: “We are a community of survivors, family members, attorneys, and activists who have united to address Chicago's next big police scandal.”

The victim narrative has even extended to Forberg’s late wife, Kirsten Ann Olson, who died in May 2022. Olson, an assistant state’s attorney in Cook County, was mentioned in news reports that raised “concerns about a conflict of interest.” However, the reports did not note that Olson had recused herself from the one Forberg case that came across her desk, according to a source within the office.

Jackson had been serving a 45-year sentence for a gang-related murder at a Southwest Side gas station before his release in early October.

In 2020, the Conviction Integrity Unit in the Cook County State’s Attorney’s Office conducted an investigation into the Jackson case but found “nothing requires a change of course.”

As recently as June 2024, Cook County Judge Angela Petrone denied a motion to vacate Jackson’s conviction. She ruled that the conviction was sound, noting it was “troubling” that the state’s attorney’s office, led by Kim Foxx, asked her to approve a motion to vacate. The motion was based on a special prosecutor’s report that assessed witness testimony as “improperly assessed,” a finding that shaped the state’s decision.

The Illinois Appellate Court later overruled Petrone, despite the lack of new evidence suggesting Jackson’s innocence, and ordered his release. Foxx’s office had already indicated it would not retry the case.

Under Foxx, more than 250 convicted felons have been exonerated. Many of those cases involved detectives, police officers, or prosecutors named in the lawsuits. Most lacked direct evidence of innocence, instead relying on claims of police or prosecutorial misconduct.

Foxx’s tenure as State’s Attorney ends in January, when newly elected Democrat Eileen O’Neill Burke will be sworn in. Under Burke, the office is expected to adhere to the rule of law – applying evidence over allegations.