Suspect had a murder conviction overturned

Like slaying of restaurant manager he's accused of, 1982 case involved strangulation

BY TONY GORDON Daily Herald Legal Affairs Writer Posted Monday, December 04, 2006 http://www.dailyherald.com/story.asp?id=256490

The man accused of killing a Lindenhurst restaurant manager last week was once convicted of killing four members of a Chicago family.

But James Ealy's conviction for the 1982 murders in Chicago was thrown out by an appellate court that ruled police acted improperly in questioning him.

Ealy is held without bond in the Nov. 28 strangulation murder of Mary Hutchison, 45, of Trevor, Wis., a manager at the Burger King in Lindenhurst. Police said robbery was the motive for Ealy, a former employee of the restaurant.

Lake County State's Attorney Michael Waller said Monday he was upset by the way the victims died in both cases brought against Ealy.

"There are disturbing similarities in the previous case and the one we have against the defendant," Waller said. "In both cases, ligature strangulation was the cause of death of the victims."

James Ealy's conviction of murdering four people in 1982 was overturned by an appelate court. (Courtesy of ABC 7 Chicago) On Aug. 16, 1982, Chicago police found the bodies of Christine Parker, 33; her daughters Mary Ann, 15, and Cora, 13; and Mary Ann's 3-year-old son, Jontae, in their apartment in the Rockwell Gardens complex.

All four had been strangled. A green cloth found around the neck of Mary Ann Parker was later identified as having come from a pair of green surgical pants.

An autopsy also revealed a length of tan material knotted on her neck under the green cloth.

Ealy, then 17 and a resident of the same building where the Parkers lived, was taken in for questioning the following day.

During the next 18 hours, Ealy was questioned about inconsistencies in what he told police about where he was on the day of the murders and what his mother had told them. He twice consented to a search of his home.

During one of those searches, police recovered a bundle under Ealy's bed containing two lengths of khaki material, a knife with a bone-colored handle, and a pair of green surgical pants.

A khaki trench coat with its belt missing and other knives with bone-colored handles were found inside the Parkers' apartment, police said.

Police said Ealy ultimately confessed he had been drinking with friends on the day of the killings, later went to the Parkers' apartment and flew into a rage when some members made fun of his "red eyes."

When the case went to trial, Ealy denied making the confession or signing the forms that allowed police to search his apartment.

In 1986, the appellate court agreed to review the case and found police had acted improperly by holding Ealy too long without the probable cause to place him under arrest.

The appellate court struck down Ealy's conviction and ordered a new trial. It also ruled the evidence taken from his apartment and his confession could not be used against him.

Without the critical evidence, prosecutors could not re-try Ealy and ultimately dismissed the charges.

Waller said he reviewed the appellate court ruling that freed Ealy and disagreed with it.

"I believe the court could have found there was probable cause for the arrest established after the questioning began," he said. "They appear to have focused on the length of time he was questioned and ignored other factors of the case."

Court records also show Ealy has convictions in Cook County for sexual assault, unlawful restraint and unlawful use of a weapon. He was sentenced to 10 years in prison in 1995 in that case.

Waller, who will ultimately decide if he will seek the death penalty against Ealy for the Hutchison murder, said all facts of Ealy's criminal history will be considered.

He said it was too soon to tell how the Parker family murders will figure into his decision.

"We will obtain the police reports and other information about the 1982 case and review it carefully," Waller said. "If it is appropriate, we will use it in making future decisions."

"All over the country, news stories bemoan and hype the countdown to execution number 1,000. But where are the stories regarding the ripple effects of the heinous crimes that these murderers were executed for committing? Who is counting the victims?

A conservative estimate puts the number of victims of these 1,000 murderers at 1,895. Why do we hear so much about the killers and so little about the victims and their loved ones who are left behind to pick up the pieces?"

Defending the Defenseless
There's a reason these people are in prison

Posted: May 7th, 2006 12:21 AM PDT

DAVE LIEZEN
Corrections Contributor
Officer.com

The media seems to play an increasing role in public perception of criminals. Does watching Judge Judy or televised rallies in support of death row inmates make stars of people we really don't want home for dinner?

Early this year "Tookie" Williams , co-founder of the Crips gang, met his end, despite Hollywood hoopla and nomination for the Nobel Peace Prize. Some folks who are dead set against the death penalty made him their poster boy.

Who are they defending?

In this land of the Stars and Stripes we find a bid to create stars of the fellas who used to wear stripes.

"Tookie" might be the most famous example lately. Credited with writing books for children about the life of gangsters, and a cautionary book for teens called "Life In Prison," "Tookie's" story became a TV documentary of sorts. Demonstrations led by the rich and famous brought him further media exposure, calling for Governor Schwarzenegger to commute his death sentence to life without parole.

Why?

Curious about Tookie's rep, I visited the local mega-bookseller and found some of his books. Those aimed at children were entitled "Tookie Williams and Drugs," "Tookie...and Guns" and the like. The theme was, "Don't play with ________, you could get hurt." That, and plenty of photos of buff Tookie made me question their effectiveness in capturing and influencing young readers. Even if he were to become a household word, most kids I know respond poorly to anyone talking down to them. Most adults, for that matter.

"Life In Prison" stood in the Teens section. A slender volume, I found a chair and read it through. Its message was much the same: Don't do things that will put you in this bad place. Tookie complained that prison was boring, confined and the meals uninspired.

Since he'd been nominated for the Nobel Peace Prize, I looked again for evidence of a change of heart and direction. Maybe he'd invoked a higher calling, promoted a vision to transform the sorry plight of children born into his 'hood, tackled the problem of hit and run paternity, or just pointed to the promises of education and hard work to benefit young men and their loved ones. Nope. Just the whining we've all heard inside prison walls.

He didn't even go so far as to say he did wrong.

This was the poster child for the Death to the Death Penalty camp? I conclude his name came up due to his visibility as a prime Cripster—that the death penalty is their real concern, not Tookie.

Not everyone campaigns against the death penalty. The voters in Wisconsin may soon have opportunity to reinstate it there. Rumor has it Joe Sixpack waited a long time for this, nearly 150 years, and stands poised to approve it.

What is the popular appeal? Could it be the threat of recidivism? That criminals guilty of capital crimes commit no more capital crimes when the state, through due process, puts an end to their wicked ways? That maybe somebody would think twice before doing something heinous, knowing the possible consequences? Perhaps a gut-level recognition of justice served in cases of death, rape and dismemberment?

I, for one, have seen plenty of inmates serving "life without." They don't bear up very well over the decades, some developing irrational fears or paranoia. Some were manic depressive/bi-polar or suffering other disorders, dependent upon psychotropic drugs to maintain a semblance of normalcy. Few admitted their guilt, ignoring the length of their rap sheets or the depth of their criminal behavior. Too often, they're so bound to depraved attitudes and habits they must be kept in max units and isolation.

Anyone who's read their jackets or warehoused these guys for long knows habitual criminals are typically a danger to themselves and everyone else.

And I won't even go into the cost to government and the taxpayer except to ask, "Why should we propose to maintain them until (natural) death do us part? Why leave the door open for them to do another capital crime?"

Before I joined corrections, I felt vaguely that some crimes deserved the death sentence. The Joint taught me greater certainty. It became a conviction When I found that fully a third of the inmates I managed were guilty of capital crimes. True, this was a Joint, no camp. When manning a gun post, my fear and dread for the safety of any of the families living within walking distance kept me alert to possible escape. Midway through my career an escapee (from another Joint) found refuge at a farm house. He left an entire family of 5 dead the following morning.

Not on my watch; not in my area.

Perhaps it seems callous to support executions. I admit, it isn't pretty.

At issue here is the weight of deeds, both the potential for greater evil and for the greater good. But the sentiment Al Capp expressed through his character, Mammy Yokum, "Good is better than evil, because it's nicer," befits a comic strip, not real life. Good needs to be more than nice, because evil isn't swayed by niceties.

For Good to be good requires strength: of conviction; of power to be reckoned with; of duty to those to be protected; of a humble sense of limitations. To administer justice imperfectly does not excuse us from the attempt.

Dave Liezen hails from the northern Midwest and grew up on the West Coast. A lifelong musician, he studied education and music at Pacific Lutheran University without finishing. From there he supported his family as a correctional officer in California while George Deukmejian was governor. Dave resumed studies at Whitworth College, earning a BA in English. He resides with his family in Washington State.

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http://www.officer.com/article/article.jsp?id=30255&siteSection=10

Im the reason he went to jail in 82, all of us were friends back then living in the same building,Ealy was a big guy, built like a line backer, we all knew he had a on and off relationship with Mary ann, Mary Ann was a beautiful light skinned african american teen who had a reputation in the projects for being easy, yes she did have a child at around 12, Ealy had been arrested before the murders on a rape charge of another woman who lived in the building, i remember when the police arrested him the night of that rape,it is true as a teen Ealy did like to drink beer and smoke marijuana but he was no addict. I spent a lot of times With Ealy as teens and he was really a happy fun loving guy who loved to play around with us guys and play sports. He obviously had a side to him we did not see. One Morning upon waking up, I noticed a chicago paddy wagon in front of our building at 2515 w. Jackson. I went outside and asked what was going on and my friend Kentone wells stated he had seen one of the little boys playing on the porch alone, so he took him to their apt. Upon entering the apt. he saw Jeannie (Cora)laying on the toilet strangled, then he saw the mother Kristine on the bed, she had also been strangled, then there was Mary Ann strangled but I dont recall where she was found, but they were all dead, Rumor begin to spread that Kristine had won gambling and that she owed a loan shark, and that was who probably killed her for the money. however the police interviewed all of us who knew Ealy and the parkers, it was from the detectives interviews that the spotlight was cast on Ealy, this caused the detectives to want to search his home, he was the only person who had the physical brute strength to kill 4 people alone. after a day went by the news coverage of the murders were everywhere and the police announced that Ealy had confessed to the murders, we then saw video of him being whisked through the police station in handcuffs. The parkers were catholic so their funeral was held at Our Lady of Sorrow Basilica on Jackson and Kedzie. I went to the funeral because Cora and I were great friends, while Mary Ann and I were just aquaintences. I hope this sheds a little light on that week for the family.

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