Settling for Misconduct
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Case 12-L-12014

$625,000

REVERSED CONVICTION

On duty Destroy/conceal/fabricate evidence False arrest or report Other charges filed

Plaintiff: Marlon Pendleton

Incident date: 03/24/1993

Allegations:

In October 1992, A.H. was raped by a stranger in an abandoned building. She went to a hospital, where a sexual assault kit was administered. Detectives Stewart and Barnes believed the assault was perpetrated by a serial rapist who remained at large in the community. They had a sketch prepared based on descriptions from other victims, and sent the drawings to various neighborhoods on the South Side. About six months later, Pendleton was sitting in a bar where a copy of the sketch was posted on the wall. The bartender believed Pendleton resembled the sketch, and Pendleton was arrested and forced to stand in a lineup. None of the four victims who viewed the lineup identified Pendleton as the attacker, and Detectives Barnes and Stewart released him. Around the same time, A.H. saw the suspect's sketch on a news broadcast and told the police she believed he was the same man who had attacked her. Detectives Stewart and Barnes brought Pendleton back to a station to be placed in a lineup. As A.H. was waiting in a nearby room, the detectives escorted Pendleton past the room in full view of A.H., who became upset and believed Pendleton was the man who had attacked her. Pendleton, however, did not match the description A.H. originally gave of the attacker. She said her attacker weighed about 170 pounds, but Pendleton only weighed 135 pounds. She also said the attacker carried a gun in his right hand, but Pendleton is left-handed. And she said the attacker had rotten teeth, but Pendleton's teeth were in good condition. Detectives Stewart and Barnes filed false police reports without requesting that the crime lab conduct DNA testing. Pendleton was convicted and sentenced to 20 years in prison. Twelve years later, Pendleton obtained a court order for independent DNA testing of the evidence. In 2006, the DNA test confirmed Pendleton's innocence, and he was released from prison.

JACK STEWART

PO AS DETECTIVE

202576958
$625,000 total payments

STEPHEN BARNAS

PO AS DETECTIVE

202038280
$625,000 total payments