KANKAKEE — A Kankakee man serving 32 years in prison for a 2007 conviction for attempted murder was given his freedom back Monday.
Kankakee County State’s Attorney Jim Rowe dropped all charges against Donta Jackson during a court date before Chief Judge of the 21st Circuit Thomas Cunnington.
Cunnington ordered the immediate release of Jackson from the Illinois Department of Correction. Jackson was not at Monday’s hearing.
Jackson was found guilty in September 2007 of attempted first-degree murder for shooting and injuring Leonard Green.
The jury also found Jackson guilty of aggravated battery with a firearm, aggravated discharge of a firearm into an occupied vehicle, aggravated unlawful use of a weapon and felon in possession of a firearm.
“The victim is unable to be located and unwilling to cooperate; evidence is no longer available, Rowe said. “It’s been nearly 19 years. Evidence was not preserved on non-murder cases back in the day after conviction and the appeals period had passed.
“Today we digitize and store the files so we can preserve them forever. We were unable to proceed with a new trial under these circumstances.”
On Nov. 25, Cunnington ruled Jackson’s trial counsel and appellate counsel were ineffective.
At that time, Rowe said his office would review the transcripts and evidence before making a decision.
Jackson is represented by attorney Celeste Stack, of Hale and Monico. The firm was hired by Jackson’s family in May 2019, according to court records.
‘STAKES ARE HIGH’
The case was returned to Kankakee County court by the Appellate Court of Illinois Third District in May 2012 due to ineffective representation during Jackson’s trial and ineffective appellate counsel.
“The stakes are high. It was a case of human errors. [Jackson] did not get a fair trial,” Stack said during a hearing July 23.
Jackson’s trial attorney told jurors they would hear testimony from a woman both men knew. She took two calls from Green the night of the shooting. He asked her to tell Jackson he needed to pay him, or Jackson would be going to jail for a long time.
The woman refused to testify, even after being served with a subpoena at the courthouse the day the trial began.
That woman did testify at the July hearing. She was asked about the phone calls and how she knew Jackson and Green.
“Why didn’t you want to testify?” Kramer asked.
“To be frank, I didn’t want to be involved in the case. I had a lot going on. I had school, and I was working,” the witness said.
Green made his phone calls to Ward days after the shooting. He demanded Jackson pay him $10,000 in the first call and $15,000 in the second. Green told Ward if Jackson didn’t pay, Jackson would go away for a long time [to prison].
During the trial, Jackson’s counsel was denied Green’s hospital records for treatment of his left foot, which he claimed came from a shot fired by Jackson.
According to the hospital records, there is no mention of the foot being hit by the bullet. There was only a red mark found, according to Monday’s ruling.
According to Cunnington’s decision, having that information at trial may have been evidence the jury would have found there was reasonable doubt.
In her motion to dismiss, which was filed in February 2023, Kramer argued “the record supports the jury’s finding of guilt, and the addition of the testimony of [the woman] during the trial would not have changed the outcome …”
THE CASE
On Jan. 28, 2006, the now 44-year-old Jackson was driving a car on East Court Street. Green was a passenger in another vehicle that pulled up besides Jackson’s vehicle, court documents said.
Green, now 41, said he heard four or five shots as he ducked down. He said he felt a burning sensation in his foot, which was grazed by a bullet, court documents said.
According to court records, Jackson gave Green cocaine to sell during the summer of 2004 for $2,500. Green took the cocaine, but did not pay Jackson.
