Kankakee man granted new trial in 2006 case

KANKAKEE — A Kankakee man serving 32 years in prison for a 2007 conviction for attempted murder was granted a new trial Monday.

Kankakee County Chief Judge of the 21st Circuit Thomas Cunnington ruled Donta Jackson’s trial counsel and appellate counsel was ineffective.

Jackson was found guilty in September 2007 of attempted first-degree murder for shooting and injuring Leonard Green.

The jury also found Jackson guilty of aggravated battery with a firearm, aggravated discharge of a firearm into an occupied vehicle, aggravated unlawful use of a weapon and felon in possession of a firearm.

Several times during Monday’s hearing Jackson wiped tears from his face.

“Thank you, Your Honor,” Jackson said near the end of the hearing. “God bless you.”

Jackson attended the hearing via Zoom from the Dixon Correctional Center where he is housed.

Cunnington ordered Jackson be transferred immediately from state custody back to Jerome Combs Detention Center.

Approximately 20 family members and friends were in the courtroom.

Jackson’s next court date is Dec. 9 at the Kankakee County Courthouse.

“We will be reviewing the transcripts, evidence and making a decision soon,” Kankakee County State’s Attorney Jim Rowe said.

Jackson is represented by attorney Celeste Stack, of Hale and Monico. The firm was hired by Jackson’s family in May 2019, according to court records.

An email was sent to Stack. No reply had been received as of 1 p.m. Monday.

Prior to that, Jackson was represented by the public defender’s office following his conviction.

Kankakee County Assistant State’s Attorney Sheila Kramer represents the state.

SENT BACK

The case was returned to Kankakee County court by the Appellate Court of Illinois Third District in May 2012 due to ineffective representation during Jackson’s trial and ineffective appellate counsel.

“The stakes are high. It was a case of human errors. [Jackson] did not get a fair trial,” Stack said.

Jackson’s trial attorney told jurors they would hear testimony from a woman both men knew. She took two calls from Green the night of the shooting. He asked her to tell Jackson he needed to pay him, or Jackson would be going to jail for a long time.

The woman refused to testify, even after being served with a subpoena at the courthouse the day the trial began.

That woman did testify at the July hearing. She was asked about the phone calls and how she knew Jackson and Green.

“Why didn’t you want to testify?” Kramer asked.

“To be frank, I didn’t want to be involved in the case. I had a lot going on. I had school, and I was working,” the witness said.

According to Monday’s ruling, Green made his phone calls to Ward days after the shooting. He demanded Jackson pay him $10,000 in the first call and $15,000 in the second. Green told Ward if Jackson didn’t pay, Jackson would go away for a long time [to prison].

During the trial, Jackson’s counsel was denied Green’s hospital records for treatment of his left foot, which he claimed came from a shot fired by Jackson.

According to the hospital records, there is no mention of the foot being hit by the bullet. There was only a red mark found, according to Monday’s ruling.

According to Cunnington’s decision, having that information at trial may have been evidence the jury would have found there was reasonable doubt.

In her motion to dismiss, which was filed in February 2023, Kramer argued “the record supports the jury’s finding of guilt, and the addition of the testimony of [the woman] during the trial would not have changed the outcome …”

THE CASE

On Jan. 28, 2006, the now 44-year-old Jackson was driving a car on East Court Street. Green was a passenger in another vehicle that pulled up besides Jackson’s vehicle, court documents said.

Green, now 41, said he heard four or five shots as he ducked down. He said he felt a burning sensation in his foot, which was grazed by a bullet, court documents said.

According to court records, Jackson gave Green cocaine to sell during the summer of 2004 for $2,500. Green took the cocaine, but did not pay Jackson.

https://daily-journal.com/news/crime/kankakee-man-granted-new-trial-in-2006-case/article_1bbc870e-ab4b-11ef-b7b6-c7d4e62b1239.html