Prosecutor Will Decide on New Trial for Rivera

Rivera's attorneys and criminal justice advocates have argued police coerced Rivera to give a false confession

Monday, Dec 12, 2011  |  Updated 7:11 PM CDT
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Second District Appellate Court north of Chicago said the evidence against Juan Rivera does not go beyond a reasonable doubt that he stabbed 11-year-old Holly Staker

Second District Appellate Court north of Chicago said the evidence against Juan Rivera does not go beyond a reasonable doubt that he stabbed 11-year-old Holly Staker

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The top prosecutor in Lake County says he'll decide soon whether to pursue a new trial against a man whose rape and murder conviction has been overturned.

A state appeals court on Friday ruled in favor of Juan Rivera. Rivera has been tried and convicted three times in the 1992 death of 11-year-old Holly Staker.

Rivera's attorneys and criminal justice advocates have argued police coerced Rivera to give a false confession and DNA evidence doesn't link him to the crime. The 2nd District Appellate Court on Friday agreed and barred prosecutors from seeking a fourth trial.

Lake County State's Attorney Michael Waller says he's meeting with his team this week to appeal to the state Supreme Court. He says a decision should be made by early next week.

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