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Family Of Fallen CPD Officer Thomas Wortham IV Livid As Convict Gets New Fitness Trial Nearly 12 Years Later

CHICAGO (CBS) -- More than a decade after the murder of Chicago Police Officer Thomas Wortham, a new trial is opening old wounds for Wortham's family.

CBS 2's Jermont Terry caught up Monday with the officer's sister outside court, following jury selection for the new fitness trial for one of the three people convicted.

Let's be clear – Marcus Floyd was convicted and is serving a life sentence for the murder of Thomas Wortham IV. So what Floyd is doing back in court Tuesday?

Marcus Floyd
(Credit: IDOC)

Floyd's attorney says his client was never fit to go to trial the first time – and now, Wortham's family is going to find out if Floyd's conviction stand. The jury in this trial will not relitigate the question of whether Floyd is guilty, but will instead rule on whether he was fit to stand trial at all.

"He's our family," said the fallen officer's sister, Sandra Wortham. "We will always fight for our family."

Sandra Wortham's fight now brings her back to the George N. Leighton Criminal Court Building yet again. She is upset with the fact that after her brother was shot and killed, her family is forced to sit in court yet again.

"It's just amazing that we're having this conversation; that this could even be a thing in our justice system," Sandra Wortham said.

On May 19, 2010, Floyd and three others followed Officer Wortham and tried stealing his motorcycle outside his parents' house in the Chatham community. Wortham identified himself as a Chicago Police officer while out front with his father.

At that point, the men opened fire. The senior Thomas Wortham III – a retired Chicago Police officer – shot and killed one of the suspects, Floyd's cousin Brian Floyd, and injured Marcus Floyd himself.

But the younger Wortham died.

"He committed a murder," Sandra Wortham said.

Marcus Floyd was convicted of Officer Wortham's murder – along with two other men, Paris McGee and Toyious Taylor, who are also both now serving life prison sentences. But Marcus Floyd's attorney says his client has amnesia and does not remember the day of the murder.

The attorney says Marcus Floyd was unfit to stand trial in 2015, so this week, he gets a new fitness hearing.

"If he's found unfit, he could be released from prison," said Sandra Wortham.

That thought alone leaves the Wortham family furious.

"I feel like I'm living in a nightmare," Wortham said.

While this sister wants to keep this chapter closed, she said the court system keeps prying the door back open.

"To be back here talking about why he should not have had to stand trial really feels wrong," Wortham said.

The family respects justice, but believes this new hearing is a slap in the face.

"We don't believe you try and try until you figure out how to get away with crime you committed," Sandra Wortham said. "There's not been one ounce of accountability from any of these offenders. All they have done is spent the last 12 years trying to maneuver around their convictions."

The fitness trial is expected to last all week. The family plans to be in court every day.

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