WAUKEGAN, Ill. (AP) — An Illinois man who was awarded $20 million after he was wrongfully convicted in the death of an 11-year-old Waukegan girl may have to split the money as part of a divorce case.
Juan Rivera was imprisoned for 20 years before DNA evidence cleared him of Holly Staker’s killing, the Chicago Tribune reported. Now an Illinois appeals court has ruled that the settlement proceeds are “marital property.”
“We feel it’s a further injustice to Mr. Rivera,” said Michael Berger, Rivera’s divorce attorney. “Hopefully we’ll be able to reverse the appellate court decision. But if the result remains, hopefully a jury would only grant a nominal amount, if any, to Mrs. Rivera.”
If the ruling stands, the trial lawyer in the divorce could determine how much of the settlement money Melissa Sanders-Rivera, Rivera’s estranged wife, will receive.
The two met in 1998, after Rivera was convicted in a second jury trial. Sanders-Rivera has said she had taken interest in the legal field and volunteered to work on Rivera’s case.
Rivera and Sanders-Rivera married in 2000, when Rivera was still serving a life sentence. Rivera filed for divorce in July 2014, two and a half years after his release.
Sanders-Rivera contends in court filings that she has a right to a piece of the settlement money. She specifically cites a portion of the proceeds from a defamation of character claim in Rivera’s lawsuit, which took place during their marriage.
Berger argued that the injustices against Rivera began before his marriage.
“The injuries (Rivera suffered) started before the marriage, continued through the marriage and will (continue) for the rest of his life,” Berger said. “He was tortured into confessing a crime he didn’t commit.”
The newspaper couldn’t reach Rivera nor Sanders-Rivera for comment.
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