The City of Peoria and Peoria County are expected to finalize a financial settlement to bring an end to a lawsuit brought by the estate of a man who spent 47 years in prison before his murder conviction was vacated in 2017.
The family of Cleve Heidelberg had sought $100 million in damages from the city, the county, and former police officers and prosecutors involved in the 1970 criminal case.
Heidelberg was found guilty of killing Peoria County Sheriff’s Sgt. Raymond Espinoza, but maintained his innocence. He was free on home monitoring and awaiting a possible new trial when he died in 2018 in Peoria at age 75.
Last year, U.S. District Court Chief Judge Sara Darrow dismissed the Heidelberg family’s civil rights case, but left the door open for an appeal. On Tuesday, the Peoria City Council will vote on its $625,000 portion of a $1.5 million settlement agreement to close the matter.
“After some discussions between the attorneys of both parties, we felt that between the city and the county that the settlement was the best for everyone,” said Peoria City Manager Patrick Urich.
Peoria County Administrator Scott Sorrel tells WCBU the county board will vote on its half of the settlement agreement during its regular meeting on Thursday.
The complaint filed by the Heidelberg family alleged his constitutional rights were violated, claiming police fabricated evidence that led to his conviction. Darrow’s judgement found that those claims were barred due to the dismissal of a lawsuit Heidelberg filed himself in the 1970s raising virtually the same allegations.
Heidelberg was arrested and tried in the Espinoza killing that stemmed from a botched robbery at the Bellevue Drive-In movie theater in May 1970. Witness testimony, including from two Peoria police officers, identified Heidelberg as the perpetrator.
Evidence also indicated his vehicle was used in the robbery, and he was found near the car after it crashed during a police chase following the murder.
Peoria County Judge Al Parham’s decision to vacate the conviction was based in part on a sworn affidavit from the brother of a deceased man who allegedly confessed to the killing after Heidelberg was convicted.
“For the dollar amount that we’re spending, it was cheaper than if we were to have to go to trial and have to try this at the appellate court. So, that's the reason why we're settling,” said Urich.
