Northwestern to turn in 500 Medill e-mails

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Updated: September 23, 2011 6:39PM

Northwestern University announced Friday the school will turn over roughly 500 e-mails student journalists exchanged with former Medill Innocence Project head David Protess detailing their probe into whether the wrong man was put behind bars for a three-decade-old Harvey murder.

Attorneys for Northwestern had argued that the e-mails were protected under the Illinois Reporter’s Privilege Act and did not have to be tendered to Cook County prosecutors.

But Judge Diane Gordon Cannon said since the students were working under the direction of attorneys at the university law school’s Center on Wrongful Convictions, they were “acting as investigators in a criminal procedure.”

Northwestern “respectfully disagrees” with Cannon, but has decided not to appeal, spokesman Alan Cubbage said in a prepared statement.

Protess said the university’s decision must have been “difficult.”

“While I believe they would have won on appeal, the silver lining is that Anthony McKinney will not face further delays in getting a hearing on the powerful evidence of his innocence,” Protess said in an e-mail Friday.

The state’s attorney’s office said it was “pleased” with Friday’s announcement.

“We are pleased with Northwestern’s decision to avoid a lengthy appeal process and look forward to proceeding with the case as quickly as possible to determine the actual guilt or innocence of Anthony McKinney,” the statement said.

McKinney remains in prison for the 1978 murder of Donald Lundahl while the state’s attorney’s office investigates the Innocence Project’s claims.

Prosecutors have questioned Northwestern journalism students’ tactics on the McKinney case, accusing them of, among other things, paying for an interview.

Protess retired from Northwestern last month — just after announcing his plans to step down amid the accusations and questions about his truthfulness in dealing with university lawyers in connection with the criminal case.