Judge to take another look at innocence claims for James Bannister, imprisoned for decades for murder he says he didn't commit
CHICAGO (CBS) -- A man who has spent three decades behind bars for a murder he says he didn't commit is now getting one more shot to prove he didn't do it.
CBS 2 Investigator Megan Hickey has been investigating the case.
Last summer, the CBS 2 Investigators obtained a confession from Michael Johnson.
"The reason that man is in prison is because of me. I know I came to court and lied in court, but I'll say this until I die - James Bannister had nothing to do with that case," Johnson said.
With nothing to win or lose, Johnson said his co-defendant, James Bannister, is innocent.
But Bannister's been in prison for the last 32 years - ever since he and six other men were charged in a November 1989 stray-bullet shooting through the window of a building on the campus of the Illinois Institute of Technology.
That bullet killed an innocent security guard — Thomas Kaufman — and another man who was the intended target — Dan Williams.
"Police say there's a strong suspicion that Williams was shot as a result of a feud between two warring families," CBS 2 reporter Burleigh Hines said in a report at the time. "Kaufman's death was just a tragic mistake."
There was not one suspect, but seven. Seven men were arrested and charged. Bannister was one of them.
"It was devastating," Bannister told CBS 2's Hickey in May of last year. "You want to talk. That was hard. That was hard try to keep your composure while lies being told."
Bannister was convicted twice on the testimony of witnesses. The first was a 12-year-old boy who later recanted. The second was Johnson, who says he only pointed the finger at Bannister because prosecutors offered to lighten his own sentence.
"We're really excited," said Bannister's attorney, Jennifer Blagg. "We raised quite a few arguments in the petition."
On Monday, attorney Jennifer Blagg presented several different arguments for why Bannister is innocent and why his case should be reexamined.
And on Monday, a Cook County Judge agreed to advance three of the claims — and to take a second look at those arguments during an evidentiary hearing.
Hickey: "How big is this decision?"
Blagg: "Oh, it's a big decision. It's a fair decision. I've dealt with many cases where I should get a hearing and I don't get a hearing, so today's a big day. It's a big day for James, a big day for justice - a step in the right direction, we should say."
Blagg says Bannister is cautiously optimistic about this update. He has been working out lately in prison — saying he wants to be healthy when he finds freedom.
