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Freed Inmate Fights Prosecutors For ‘Certificate Of Innocence’

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James Kluppelberg (CBS)

James Kluppelberg (CBS)

Brad Edwards

Reporting Brad Edwards

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CHICAGO (CBS) – If he thought true freedom came with his release after 24 years, he was wrong.

CBS 2’s Brad Edwards reports on a man who is out of prison but shackled by a record that may not  be cleared, after all.

In May 2012, James Kluppelberg stood under the sun for the first time a free man in more than two decades. Ten months later, he’s unemployed with little hope.

“I don’t know what to do, what way to go, what is up, what is down,” Kluppelberg says.  “It’s still very confusing.”

He was convicted of setting a 1984 fire in Chicago that killed six people.  The Cook County State’s Attorney’s office pushed for his release after witnesses recanted and their own experts re-examination deemed the fire investigation “unreliable” and “no longer supportable.”

Since his release, Kluppelberg’s fought for a Certificate of Innocence.

“It will give me my life back,” he explains.

But, it’s now being contested by the very state’s attorney’s office that pushed for his release.

“It’s shocking,” Kluppelberg says. “How could they fight this after fighting to release me?”

“Can we retry the case and convict him? No,” says Sally Daly, a spokeswoman for state’s attorney Anita Alvarez.  “Can we say he’s completely innocent?  We don’t feel we have sufficient evidence to say that.”

So now it’s now up to a judge. A hearing is slated for late March.

“I will not give them the satisfaction of giving up until I’m clean,” Kluppelberg says.

He says he applied and has been rejected from “hundreds” of jobs.  After all, six murder convictions are still on his record; a Certificate of Innocence would eliminate that.  His saving grace is his son – a toddler he didn’t see for 24 years of wrongful imprisonment. He is now a grown man that has taken his father in.

“He turned out wonderful, he really did,” Kluppelberg, choking back emotion, says. “The whole idea of having children is being there for them.”

That was something he wasn’t for 24 years.

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  • http://www.politiva.com/2013/02/21/prosecutors-chicago-refuse-wrongs/ Prosecutors In Chicago Refuse To Right Wrongs Again | Politiva

    [...] A recent 60 minutes segment highlighted Chicago as the wrongful conviction capital of America. And now CBS in Chicago is highlighting another case where justice is being thwarted in a wrongful conviction. The city of Chicago is refusing to clear James Kluppelberg of his murder conviction record even though they were the ones to free him after witnesses recanted and old “fire science” was debunked. Juat another example of prosecutors refusing to admit they are wrong, no matter what the cost is to others. READ MORE… [...]

  • http://reason.com/blog/2013/02/26/brickbat-theyll-only-go-so-far Brickbat: They'll Only Go So Far – Hit & Run : Reason.com

    [...] was "unreliable" and "no longer supportable." Kluppelberg is a free man, but he still has the conviction on his record, and the state attorney's office is fighting his attempt to get a certificate of innocence. [...]

  • http://unofficialnetwork.org/2013/02/brickbat-theyll-only-go-so-far/ Brickbat: They'll Only Go So Far – Unofficial Network

    [...] and “no longer supportable.” Kluppelberg is a free man, but he still has the conviction on his record, and the state attorney’s office is fighting his attempt to get a certificate of innocence. [...]

  • http://unofficialnetwork.org/2013/02/theyll-only-go-so-far/ They'll Only Go So Far – Unofficial Network

    [...] and “no longer supportable.” Kluppelberg is a free man, but he still has theconviction on his record, and the state attorney’s office is fighting his attempt to get a certificate of innocence. [...]

  • http://anythingvoluntary.com/?p=3001 They’ll Only Go So Far | Anything Voluntary

    [...] and “no longer supportable.” Kluppelberg is a free man, but he still has theconviction on his record, and the state attorney’s office is fighting his attempt to get a certificate of innocence. [...]

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