73-year-old Cleve Heidelberg is spending his Christmas in prison, for the 46th straight year. Heidelberg’s 1970 murder conviction of a Peoria Deputy is still under review. But a hearing scheduled for the end of December could mean a shot at a new trial -- even freedom -- in the New Year.
Heidelberg’s petition for post-conviction relief has moved into what’s called a “stage two post-conviction proceeding.” On that day, one of three things could happen. Peoria County Judge Al Purham could rule the case warrants a new trial. The second possibility: Judge Purham could decide that evidence supporting Heidelberg’s case for innocence is so strong, he could walk free the same day.
“I think it’s possible,” Heidelberg’s attorney Andy Hale said. “The state probably could appeal that, but I don't think that would stop Heidelberg from being released in the meantime.”
Hale is also producing a film about the original case from 1970.
Heidelberg, who’s black, has maintained innocence since his conviction.
Another black man, James Clark, confessed to the crime a year later. Clark's testimony was already considered in previous appeals. That’s why at the upcoming proceeding, Heidelberg’s attorneys have to demonstrate more recent evidence proves his innocence.
The third possible outcome: if their attempt is unsuccessful, Heidelberg would return to prison to continue serving his more than hundred years’ sentence.
But that still wouldn’t be the end of it. The Illinois Attorney General’s office is also reinvestigating the case. Regardless of the outcome, Andy Hale says he’s moving forward with the documentary that tells Heidelberg’s story.
The post-conviction proceeding is set for Dec. 29.
On Tues., Heidelberg filed documents reversing his earlier decision to represent himself. His "withdrawal of self-representation" puts the case back into the hands of his attorneys.
Heidelberg says he’s unfit to represent himself due to “medical, mental and incarceration impairments.” He signed the filing under the alias "Doctor Shango X," which he has insisted to the court is his new name.
“These are complicated legal issues that require a lot of analysis, thought and preparation, and then, you know getting that put on paper,” Hale said.
Heidelberg startled the courtroom, his attorneys included, during a hearing this past fall when he announced he wanted to represent himself. Hale says his client was frustrated and wanted to have his day in court, after decades in prison.