A 1970 murder case has been reassigned to a different presiding judge for review.
In a filing Wed., Peoria County Chief Judge Stephen Kouri ordered thatCleve Heidelberg’s case be assigned to Judge Al Purham.
The motion for substitution of judge is a motion that parties can file asking that a different judge be assigned to the case.
Peoria County Chief Judge Stephen Kouri says substitutions are not unusual in cases like these.
"It's a statutory right, as long as the judge has not yet made any substantial ruling in the case. That is all we did," Andy Hale, one of the attorneys representing Heidelberg, said.
The substitution follows a motion filed by Andy Hale and attorney Don Jackson Tues. requesting the case be reassigned.
Judge Kouri initially assigned the case to Judge Kirk Schoenbein.
In April, Heidelberg's attorney's filed a petition seeking a special prosecutor, preferably from outside Peoria, Hale said, so the case would get an "unbiased" review.
“If there’s clear and convincing evidence of somebody’s evidence, you shall remedy the conviction. I think I have easily satisfied those burdens," Hale said. "And I've shown enough that the Peoria County State’s Attorney’s office should have reinvestigated this case.”
The Peoria County State’s Attorney, Jerry Brady, denied Hale’s request to reopen the case in February. Brady says he didn’t find enough basis to grant the request.
Cleve Heidelberg was convicted of murdering a Peoria Sheriff’s Sergeant in 1970. He’s maintained his innocence ever since.