WAUKEGAN – An Illinois inmate sentenced to life in prison after being tried three times for the 1992 rape and murder of an 11-year-old girl was freed Friday when prosecutors said they wouldn't challenge a court ruling throwing out his conviction.
Juan Rivera, 39, was embraced by supporters and surrounded by media cameras when he walked out of Stateville Correctional Center in Joliet. He served more than 19 years in prison.
Rivera told the crowd he isn't angry, has no bitterness and wants to go to school and get an education.
"I just thank God that this ordeal is over," Rivera said. "All I want to do is spend time with my family. This is the first day of the rest of my life. I just have to live life day by day, study and move forward."
Prosecutors said earlier Friday they would not challenge an appellate court ruling throwing out Rivera's conviction in the death of Holly Staker. Staker was found stabbed 27 times and raped in a Waukegan apartment Aug. 17, 1992, while babysitting a 5-year-old boy and a 2-year-old girl. Investigators never found a DNA match for semen found in the victim.
In its Dec. 9 opinion reversing Rivera's most recent conviction, the 2nd District Appellate Court barred prosecutors from taking Rivera to trial a fourth time. The court faulted prosecutors for offering "highly improbable" theories that "distort to an absurd degree" witnesses' testimony.
Lake County State's Attorney Michael Waller said in a statement he made his decision after reviewing the appellate court's opinion and considering all the evidence.
"As a result of that examination, I have decided that I will not ask the Illinois Supreme Court to review the appellate court's decision reversing Mr. Rivera's guilty verdict," Waller said in the statement. "Therefore, the prosecution of Mr. Rivera comes to a conclusion today."
Rivera was in custody on a burglary charge when he became a suspect. Rivera confessed after questioning by detectives of the Lake County Major Crimes Task Force.
Rivera's first conviction in 1993 was reversed on appeal and he was granted a new trial. He was convicted again in 1998. In 2004, a Lake County judge granted Rivera DNA testing and a new trial. He was most recently found guilty in 2009.
Northwestern University's Center on Wrongful Convictions represents Rivera. His attorneys filed a motion in response seeking his immediate release after prosecutors made their filing.