New trial for man convicted in ’88 murder after witness recants

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Updated: November 9, 2011 5:48PM

A Cook County Judge Tuesday granted a new trial to a Humboldt Park man convicted in a 1988 murder after the sole witness recently admitted he fingered the wrong man.

Jacques Rivera, who has served 21 years of the 80-year sentence in Felix Valentin’s slaying, put his face down and sobbed loudly as Judge Neera Lall Walsh read her ruling.

“Oh my God. Thank you,” he cried, hugging his equally emotional lawyer, Jane Raley, of Northwestern University Law School’s Center on Wrongful Convictions.

Walsh indicated she believed Orlando Lopez — 12 at the time of Valentin’s murder — was honest when he said he wanted to come clean.

“The only reason this court sees Lopez’s recantation now is a desire to correct a mistake,” Walsh said, reading from her written ruling.

“This court is further swayed by the absence of a showing of any possible benefit to Lopez for his recantation.”

Valentin identified two other men as his shooter before he died.

But Lopez pointed to Rivera in a line-up and took the witness stand against him during trial. Lopez, now in his mid-30s, said he made a mistake and helped send the wrong man to prison.

According to Rivera’s petition, Lopez saw the real shooter a week after he identified Rivera as the killer. Lopez claims he told authorities but they didn’t believe him, the petition said. Police at the time thought he was recanting because he was afraid of gang retaliation, so Lopez decided to stick to his story, the petition said.

“We are so overjoyed by the court’s decision,” said Raley, tears glistening in her eyes.

Rivera’s mother called the ruling “so great and so wonderful.

“I just wanted to jump and say Hallelujah but I thought [Walsh] would throw me out,” Gwen Rivera said.

Rivera, 46, will remain held without bond at Cook County Jail while he awaits prosecutors’ decision on how to proceed.