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Judge delays decision in case challenging decades-old Chicago conviction
A judge decided not to let a man from Chicago out of prison. He's been locked up for 30 years for a crime he said he didn't commit. The judge set another court date. This case is all about how he got convicted in the first place.
CHICAGO - A judge on Wednesday refused to release Elias Gomez, a Chicago man convicted of murder in 1995, during a court hearing about whether his case should move toward a new trial.
What we know:
Gomez has been locked up for nearly three decades after a 1995 murder conviction. He appeared by video from prison for the hearing at the Cook County Criminal Courthouse at 26th Street and California Avenue.
His attorney asked the court to release him right away. Judge Patterozzi said he doesn’t have the authority to order release or set bond at this stage. The judge said the court must first decide if Gomez is legally entitled to a new trial.
The case continues March 30, 2026, before the same judge.
Why Gomez says he is innocent:
Defense attorney Stephen L. Richards said Gomez was convicted based on unreliable evidence.
Richards claims a Chicago police detective pressured a reluctant witness to identify Gomez, then lied about that identification in police reports and at trial. The detective, Daniel McWeeny, was later linked to other cases involving torture, coerced statements, and fabricated evidence tied to the era of former police commander John Burge. McWeeny is now dead.
Chicago has paid millions to settle lawsuits relating to his work, and multiple convictions from that time have been thrown out.
What the family says:
Annette Torres, Gomez's wife, said the family was disappointed by the delay but wasn't surprised. She said they plan to keep fighting and urged other families with cases tied to the same detective to come forward.
Gomez's daughter, Alicia Gomez, said, "We didn't get the decision we wanted today, but like she said, we're not, we're just beginning." She stopped for a moment. "You know we're going to keep fighting. My dad's been gone for 30 years. I'm 31 years old. He has two grandbabies to come home to that he missed, you know, 12 years of my daughter's life, two years of my son's life, and 30 years of mine."
She said the family believes holding police accountable for misconduct is necessary to stop similar cases.
What's next:
At the March 30 hearing, the judge will determine if Gomez’s claims meet the legal standard for a new trial or if more arguments and evidence are needed.
If the court grants a new trial, Gomez’s attorneys would then be able to seek his release while the case continues.
The Source: The information in this article was reported by FOX Chicago's Terrence Lee.