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The prosecution called several witnesses who testified that while in custody Toney made a voluntary statement confessing to the shootings. Assistant State’s Attorney Romza testified that she had reduced Toney’s verbal statement to writing. Toney reviewed the statement, made one minor addition, and signed it, telling Romza that it was voluntary and accurate.
The statement indicated that Toney had been a member of the El Rukn gang for 16 years up to 1983 and that David Kelly was also a member of the El Rukns. On the night of the shooting, Kelly arrived at a house where Toney was present, complaining that “3 chumps were trying to move on him with guns” and that they were “up at Harold’s … making pistol plays.”
Toney took the stand and testified that the statement was false; he had signed it as part of a deal with the interrogating officers that he would be charged with manslaughter and not murder. He said that police officers had told him that, because there was a knife found at the scene, they would charge him with manslaughter only and relocate his family if he signed the statement and cooperated with ongoing investigations into other crimes involving the El Rukn gang. He stated that officers had beaten him while he was being questioned.
Alvin Toney, Petitioner-Appellee, Cross-Appellant, v. Howard A. Peters, Iii, Director, Department of Corrections, State of Illinois, Respondent-Appellant, Cross-Appellee, 48 F.3d 993 (7th Cir. 1995). US Court of Appeals for the Seventh Circuit – 48 F.3d 993. Argued Nov. 8, 1994. Decided Feb. 23, 1995
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