A new federal lawsuit filed Tuesday accused the city of Chicago and former police detectives of wrongly imprisoning Francisco Benitez for 34 years. Just this month, a judge granted a Certificate of Innocence to Benitez, who was 18 years old at the time when he was falsely charged with a double murder he did not commit.
"This is horrible to do to people," Benitez said. "Trying to catch up on everything that I missed. I know I’ll never get that time back."
Attorney Anand Swaminathan of Lovey & Lovey filed the civil lawsuit on Benitez’s behalf.
"We’ve now seen this far too often. The Chicago Police Department, where they either convinced themselves that this is the person who committed the crime, or they simply decide I’m just going to close my case," said Swaminathan, adding, "How many more people are sitting in prison for crimes they didn’t commit? We know there are hundreds of people who have filed petitions in court that are trying to prove their innocence."
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NBC 5 Investigates found that 58 innocent people have received compensation for their wrongful convictions in Chicago over the past 13 years, according to court records. These exonerations have cost Chicago taxpayers nearly $300 million in compensation. These payouts have increased dramatically in 2021 and 2022, when taxpayers spent on average nearly $61 million each year to compensate people who were wrongfully convicted in Chicago.
"Sometimes, these cases resulted in as much as a $2 million a year judgement," said Swaminathan, adding, "So his case could cost the taxpayers of the city of Chicago over $50 million possibly if it goes to trial. Frankie Benitez would settle for far, far less than that, because he wants this to be over."
Instead, exoneration cases often drag on for years, and that’s not the only cost to taxpayers.
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"A typical wrongful conviction case to go from the day we file a lawsuit to the day of the trial will cost the city of Chicago around $5 million per case, just in paying its own defense lawyers to defend the case," Swaminathan said.
He’s not just talking about the city's own attorneys. Even though taxpayers already pay the salaries for more than 200 city lawyers, NBC 5 Investigates found Chicago has paid more than $51 million in additional taxpayer money to outside law firms to help defend the city in most of these 58 wrongful conviction cases, according to payment records we obtained.
"I mean, there has to be some kind of justice," Benitez said.
The 53-year-old Benitez hopes the city settles his case quickly so he can find his own place to live, especially since he can’t find full-time work.
"I don't have the resources right now. It’s hard. Living with family. I love them to death. They’re there for me. But, I want to do things for me that I’m supposed to be doing," added Benitez.
NBC 5 Investigates reached out to the city’s law department and asked why it spent so much extra money on expensive outside counsel to fight these wrongful conviction lawsuits. It wouldn’t give us details but said it analyzes each lawsuit on a case-by-case basis.
NBC 5 Investigates also reached out to the Chicago Police Department about Benitez’s lawsuit but was told that it does not comment on pending litigation.
