CHICAGO (WBBM NEWSRADIO) — After a Cook County judge threw out his conviction earlier this year, Francisco Benitez was freed following 34 years in prison. On Tuesday, Benitez filed suit against the Chicago Police Department, which he accused of framing him for murder.
The 53-year-old man was 18 when he was sentenced to life in prison in 1991 over the fatal shootings of Prudencio Cruz and William Sanchez, who were both 14 at the time of their deaths.
There was no physical evidence that linked Benitez to the 1989 murders of Prudencio and William. In a press release, Benitez's legal team said "his conviction was based entirely on false evidence manufactured by the Chicago police officers that investigated the crime."
On Dec. 7, Benitez received a certificate of innocence from the State of Illinois.
His exoneration followed two days of hearings, Benitez's team said, at which two men who witnessed the shooting said they were certain that the killer was not Benitez. Instead, they believed two members of the gang that controlled the neighborhood were responsible.
A mother and daughter who were unrelated to Benitez also testified that he was with them at their apartment on the night of the crime.
"For over three decades, they have been unwavering in providing an alibi for Benitez," wrote Benitez's legal team.
More testimony came from a former Chicago police gang crimes officer, who said he knew Benitez and didn't think he could have committed the murders. He added that Benitez became part of the case only because his photo was used as "filler" in a photo lineup in which another person was the suspect.
At the time, though, the detectives Benitez said Chicago police detectives Jerome Bogucki and Raymond Schalk coerced a confession out of him.
The detectives are named as defendants in the lawsuit, which was filed in federal court on Tuesday.
According to the lawsuit, Benitez was "kept in a locked interrogation room all night without sleep." After many hours of interrogation, Benitez agreed to sign a confession, but he said he was under the impression that the detectives would let him go home if he did what they wanted.
The suit also accused then assistant Cook County State's Attorney Gail Faiger of working "cooperatively and in coordination" with Bogucki and Schalk to "obtain a false statement from Benitez."
Since his exoneration, Benitez has taken a security job at Soldier Field and has been living with his brother and mother.
"I am so thankful to be home for the holidays with my loving family," said Mr. Benitez. "For 34 years, the holidays were the hardest, knowing all of the family memories that I was missing out on. But not this year."
The Cook County State's Attorney's Office and the City of Chicago's law department told the Sun-Times that they were unable to comment on pending litigation.
The lawsuit seeks unspecified damages.
The Sun-Times Media Wire contributed to this report.
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