Introduction to the Case
A former top prosecutor in an expansive federal street-gang prosecution could wind up on the witness stand in the coming weeks, just as his former colleagues are preparing to take the case he once led to trial all over again. U.S. District Judge Thomas Durkin agreed to the hearing, calling it an “extraordinary granting” of an “extraordinary request.”
Background of the Case
It’s also the latest twist in the case of accused Wicked Town street gang leader Donald Lee and alleged gang shooter Torance Benson. The men were convicted after a lengthy trial in 2022, but Durkin ordered a new trial earlier this year. Jury selection is set for Tuesday. Prosecutors say Lee led a gang that “wreaked havoc” on Chicago’s West Side, flooding the streets with drugs and terrorizing citizens through “heinous acts of violence” including murder. The verdict in the 2022 trial tied Lee and Benson to seven killings.
New Evidence and Trial Developments
Durkin agreed to the new trial after defense attorneys discovered emails by former Assistant U.S. Attorney John Mitchell. The judge found that they contained promises to cooperating witnesses in the case that weren’t turned over to the defense attorneys before trial. That’s why, when Durkin took the bench for a pretrial hearing, he told the courtroom he was “shocked” to learn about yet another Mitchell email that had been turned over to defense attorneys just a few days ago.
An assault rifle the feds say authorities seized from a member of the Wicked Town street gang. | U.S. District Court records
The Email and Its Implications
Much of the debate revolved around an email allegedly written by Mitchell to the Cook County public defender’s office, regarding a group of witnesses who were in the custody of the Illinois Department of Corrections. Assistant U.S. Attorney Jimmy Arce told the judge it had been written around May 2023, roughly six months after the verdict in the 2022 trial. Mitchell allegedly sought to have a public defender appointed for each of the so-called “IDOC witnesses” so they could pursue a sentence reduction. “I believe that each [IDOC witness] would be happy with a sentence reduction that allowed them to come home 3 years earlier than they otherwise would,” Mitchell allegedly wrote. “I can provide a letter or personally appear before a Cook County Judge to explain the importance of the trial testimony.”
Defense Strategy and Next Steps
In a motion filed Tuesday seeking an evidentiary hearing, attorneys for Lee and Benson told the judge that, “at no point were defense counsel ever notified that the government had planned to recommend a three-year sentencing reduction for each of the IDOC witnesses.” Lisa Wood, one of Lee’s attorneys, also told the judge Wednesday that it’s “very unlikely” Mitchell’s three-year reference “came out of nowhere.” When Durkin asked prosecutors where the number came from, Arce told the judge, “we discussed that internally. I don’t know.” Durkin agreed to the hearing, explaining that it will likely be scheduled early in the morning in the coming weeks, before jury selection or trial testimony. He said defense attorneys would be allowed to summon Mitchell to the stand, as well as an agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives who worked the case.
Conclusion
The case of Donald Lee and Torance Benson continues to unfold with new developments and revelations. The upcoming hearing and potential testimony from John Mitchell may provide crucial insights into the prosecution’s handling of the case and the treatment of cooperating witnesses. As the trial approaches, the defense team is preparing to cross-examine key witnesses, and the prosecution is working to ensure that all evidence is properly disclosed.
FAQs
- Q: What is the case about?
A: The case involves accused Wicked Town street gang leader Donald Lee and alleged gang shooter Torance Benson, who were convicted in 2022 but are now facing a new trial due to newly discovered evidence. - Q: What is the significance of the email written by John Mitchell?
A: The email allegedly contains promises to cooperating witnesses that were not disclosed to the defense team before trial, which could impact the credibility of the witnesses and the fairness of the trial. - Q: What is the next step in the case?
A: A hearing has been scheduled to allow the defense team to question John Mitchell and an ATF agent about the handling of the case and the treatment of cooperating witnesses. - Q: How might the hearing impact the trial?
A: The hearing could provide new evidence or insights that could affect the trial, and may influence the jury’s perception of the witnesses and the prosecution’s case.
