CHARGES DIMSISSED IN 1987 SEXUAL ASSAULT CASE

WHEATON  – DuPage County State’s Attorney Joe Birkett today announced that the 1987 charges of Criminal Sexual Assault and Unlawful Restraint filed against Marcus Lyons have been dismissed based upon new DNA results which did not match Mr. Lyons.

            In 1987, a female adult victim was forcibly sexually assaulted in her home by an unknown assailant.  Following police investigation and composite sketching, the police identified Marcus Lyons as a suspect.  The victim then positively identified Lyons in a line-up and when police interrogated Mr. Lyons, he gave differing versions of his whereabouts which were either unsubstantiated or contradicted by other evidence.  Based on the evidence at the time, defendant was charged and the case went to jury trial in 1988.  The jury found Mr. Lyons guilty based upon strong identification evidence and the defendant’s incriminating accounts of his whereabouts.  No DNA or biological evidence could be developed at the time because the technology was not yet available.  Mr. Lyons was sentenced to six (6) years in the penitentiary and did not file an appeal.

            Recently, in 2006, Mr. Lyons, through his attorney, filed a request for DNA testing under laws which allow DNA analysis to review cases where the technology was previously unavailable.  The State agreed to the request for DNA testing and even submitted additional evidence which ultimately led to the DNA results.  Following a careful review of the evidence in the case including the newly obtained DNA results, a determination was made that there was no longer sufficient evidence beyond a reasonable doubt to support the conviction.

“In the original prosecution of this case, a DuPage County Jury found Mr. Lyons Guilty of Criminal Sexual Assault based upon compelling evidence of identification and incriminating statements that existed at the time,” Birkett commented.   “With the advent of DNA technology and the DNA legislation, which I co-authored, and with the cooperation of our office in obtaining these new DNA results, it became evident that the evidence was insufficient to support guilt beyond a reasonable doubt.  Once this determination was made I made the decision to promptly dismiss the charges without any further proceedings.  This case reflects our continued commitment to seek the truth and see that justice is served in every case.”  

###