STATE’S ATTORNEY BIRKETT RESPONDS TO THE SUPREME COURT’S DECISION TO REVERSE THE CONVICTION OF LAURENCE LOVEJOY
WHEATON – DuPage County State’s Attorney Joe Birkett expressed his profound disappointment with today’s decision of the Illinois Supreme Court reversing the first degree murder conviction and death sentence imposed on Laurence Lovejoy for the vicious murder of his step-daughter Erin Justice on March 27, 2004. At the time of the murder, the defendant was a suspect in the March 4, 2004 sexual assault of Erin. State’s Attorney Birkett stated that the Court reversed the conviction for a perceived discovery violation and the trial court’s denial of a continuance for the defense to retain an expert. The expert testimony at issue had to do with whether the reddish brown stain containing the defendant’s partial footprint was blood. Birkett stated that despite this perceived error, the other evidence against Laurence Lovejoy was overwhelming.
State’s Attorney Birkett has contacted Erin’s mother and father, who are obviously distraught over today’s news. Birkett stated that he will arrange a meeting with Attorney General Lisa Madigan and her staff to consider all available options, including a request for a rehearing. The Supreme Court stated in their opinion that the print evidence was the “lynchpin of the State’s case.” The State’s footprint expert testified that the reddish brown footprint was a patent print made by the defendant’s foot after having stepped in the reddish brown substance. The only evidence of a reddish brown substance in the bathroom was the fact that Erin had bled profusely during her murder. This evidence was not affected by the perceived discovery violation that the Court found. State’s Attorney Birkett also mentioned that even without the print evidence, the evidence against the defendant was overwhelming. It is in this light that the People will be seeking to have the Court’s decision reconsidered. State’s Attorney Birkett expressed deep appreciation for the Court’s concern, especially in light of the penalty that was handed down in this case.
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