Bolden v. Pesavento

1

EDDIE L. BOLDEN, Plaintiff, v. ANGELO PESAVENTO, et al., Defendants.

No. 17-cv-417

United States District Court, N.D. Illinois, Eastern Division

March 23, 2024

MEMORANDUM OPINION AND ORDER

Steven C. Seeger United States District Judge

Plaintiff Eddie Bolden spent 22 years in prison for double murder before the Illinois Supreme Court vacated the convictions. The state elected not to prosecute him again, and Bolden obtained a certificate of innocence. Bolden regained his liberty, but no one could restore his past or return his liberty lost. Bolden responded to his ordeal by suing the four officers from the Chicago Police Department who played a role in securing his convictions.

This Court presided over a three-week trial, and Bolden won big. A jury returned a verdict in favor of Bolden, and against the four former officers, on all seven counts.

The jury awarded substantial damages against Defendants Angelo Pesavento, James Oliver, and the estates of Defendants Edward Siwek and George Karl. The jury awarded Bolden $25 million in compensatory damages, and awarded punitive damages against Pesavento and Oliver totaling $100,000 (each).

After trial, this Court denied Defendants' motion for judgment as a matter of law under Rule 50(a). After that ruling Defendants filed a renewed motion for judgment as a matter of law under Rule 50(b).

For the reasons explained below, Defendants' renewed motion for judgment as a matter of law is denied.

Background

Before diving into the background, the Court forewarns the reader that the history of this case is a long and winding road. Bolden's quest for acquittal was a three-decades-long journey with many pit stops along the way. The case at hand has 700 docket entries, and counting.

Working through the entire backstory is no small task. To streamline things, this Court will assume familiarity with the facts from its earlier ruling on Defendants' motion for judgment as a matter of law. See Bolden v Pesavento, 623 F.Supp.3d 897 (N.D. Ill. 2022). The following summary of the trial is a sampling, not the full course meal.

The Murders

At a high level, this case is about a double murder that took place on the streets of Chicago on January 29, 1994, and the investigation and convictions that followed. Officers Pesavento, Oliver, Siwek, and Karl from the Chicago Police Department investigated the homicides. Bolden was ultimately charged with both murders.

The decision to arrest and charge Bolden heavily relied on a lineup identification by Clifford Frazier. Frazier allegedly witnessed the two murder victims with the attacker, right before the murders. His brother was a murder victim.

At the time of the murders, Frazier was outside a J&J Fish restaurant. He was across the street from J&J Fish, near a parking lot by Harold's Chicken.

Frazier allegedly saw someone enter the backseat of a car with the two soon-to-be murder victims and drive off. The victims were involved in a drug deal. Armed with two automatic weapons Frazier stayed back, guarding a large supply of cocaine in his car.

The victims drove a few blocks. Then, the assailant shot them in the head.

Minutes later, the assailant headed back to the vicinity of J&J Fish and got into a physical confrontation with Frazier. According to Frazier, they exchanged gunfire, and Frazier made a break for it. The assailant laid two bullets into Frazier, and pistol-whipped Frazier in the head with two guns.

At the civil trial before this Court, Bolden testified that he was inside J&J Fish at the time, playing Pac Man. See 10/21/21 Trial Tr., at 2749:11-24 (Dckt. No. 646) (Bolden). He testified that he saw a masked assailant fight, pistol-whip, and shoot Frazier, before running off. Id. at 2750:22 - 2751:21; 10/22/21 Trial Tr., at 3046:20 - 3049:2 (Dckt. No. 650) (Bolden). The assailant was wearing a ski mask at the time. Id.

At the civil trial, Bolden also testified that the assailant pulled his mask down. Bolden recognized him. Bolden testified that the assailant was Roderick Stewart, a member of the Gangster Disciples. Id. at 2751:22 - 2752:7.

Bolden testified that he called 911. Id. at 2753:2 - 2754:7. Bolden told the jury that he gave the 911 operator his name, and asked her to “send the police and ambulance to J&J Fishery.” Id. at 2753:7-12. The recording wasn't preserved.

When the police arrived, Bolden told the officers that he didn't see anything. Id. at 2756:6-16. Bolden did not tell the officers that Roderick Stewart was the assailant. Id. He feared for his life. Id.

Frazier spoke with the police several times. At the crime scene, Officer Temple interviewed Frazier (again, who had just been shot), and Detective Baker interviewed Frazier at the hospital later that night.

Frazier described the assailant to the officers as a tall, skinny, bald-headed man with a light complexion. See 10/25/21 Trial Tr., at 3396:22 - 3397:16, 3401:12-15, 3429:13-17, 3434:4-12 (Dckt. No. 653) (Frazier); Joint Tr. Ex. 25 (interview summary of Frazier on January 29, 1994).^[1] A sketch artist used that description to prepare a composite sketch. See Pl.'s Trial Exs. 14, 19.

Before long, the police started looking for Bolden. During the civil trial, Bolden testified about a conversation that the police had with his mother when they were looking for him. See 10/21/21 Trial Tr., at 2757:4-11 (Dckt. No. 646) (Bolden). The police went to his mother's home. Id.

The police told Bolden's mother that they were looking for Bolden because he had killed someone, and if they caught him, “they were going to blow” Bolden's “brains out.” Id.

Detective Karl left his card with Bolden's mom. Id. at 2757:17-18.

The Lineup

The police later showed Frazier a photo array. But Frazier did not make an identification based on the pictures alone. See 10/25/21 Trial Tr., at 3405:14 - 3406:15 (Dckt No. 653) (Frazier); 10/13/21 Trial Tr., at 910:1 - 911:8 (Dckt. No. 636) (Pesavento).

Frazier needed to see people in person to make an identification. As it turns out, Bolden was the only person who was both in the photo array and in the in-person lineup. See 10/13/21 Trial Tr., at 921:18 - 922:19 (Dckt. No. 636) (Pesavento).

A few weeks later, on February 26, 1994, Frazier went to a police station to view a lineup. Before he arrived, the police told Frazier that they “got the guy that did the shooting.” See 10/25/21 Trial Tr., at 3436:20 - 3437:7 (Dckt. No. 653) (Frazier). Frazier testified:

Q: And did you agree to go to the police station to view a lineup?

A: Yeah, they took me there. Yeah.

Q: Why did you want to participate in viewing a lineup?

A: Because they said they think they got the guy that I'm looking for - that they looking for.

Q: And you talked to Officer Oliver and his partner before the lineup, correct?

A: I don't recall that.

Q: Well -

A: Oh, yeah, yeah. He told me - when he picked me up, he said they think they got the guy that did this to me.

Q: Yes. He said, we got the guy. We think we got the guy that did the shooting?

A: Yes, sir.

Q: And they told you that they wanted you to look at a lineup and see if you recognize the person that they got, right?

A: Yes, sir.

See 10/25/21 Trial Tr., at 3408:4-9, 3436:20 - 3437:7 (Dckt. No. 653) (Frazier).

The five-person lineup included Bolden. Of all things, Bolden had come to the station voluntarily with his attorney (Ingles), hoping to clear his name.

Things didn't work out that way. Bolden participated in a lineup, and Frazier identified him as the shooter. See 10/25/21 Trial Tr., at 3370:13-25 (Dckt. No. 653) (Frazier).

In the case at hand (before this Court), the jury heard two different versions of what took place at the police station and in the lineup room. Basically, Frazier testified that he immediately identified Bolden as the shooter. But Bolden testified that Frazier initially picked someone else, before the officers called special attention to Bolden, and then Frazier fingered him on the second try.

Frazier told the jury that he recognized Bolden right away, and identified him without any hesitation:

Q: Okay. And where were the suspects that stood in the lineup?

A: They was behind the glass.

Q: Okay. And do you recall the lights in your room being off?

A: It was dark where I was at.

Q: What about the lights in the other room?

A: They was bright.

Q: And tell us what you remember about the moment when you picked out Mr. Bolden.

A: As soon as I saw him, I said, “That's him.”

Q: Was there any hesitation on your part?

A: Absolutely not. I'll never forget that face.

Id. at 3409:9-21. Frazier later testified that he was “100 percent” positive that Bolden was the shooter.^[2] Id. at 3413:25 - 3414:3; see also id. at 3513:17 - 3514:1.

Frazier denied feeling any pressure from the police to pick Bolden:

Q: Mr. Frazier, did you identify him as the person that left with your brother and your cousin and the person that came back to shoot you?

A: Yes, I did.

Q: Did anyone tell you to pick Mr. Bolden out of the lineup?

A: No.

Q: Did anyone influence you to pick Mr. Bolden out of the lineup?

A: No.

Id. at 3410:15-23; see also id. at 3512:18-22.

The jury heard from Bolden a much different version of what transpired during that fateful visit to the police station.

During the civil trial, Bolden testified that he went with his attorney to the police station, and talked with Detective Pesavento and Detective Karl about participating in the lineup.

Bolden agreed to participate, so the officers left to line things up for the lineup.

Bolden and his attorney waited alone in a hallway. As they waited Officer Oliver walked right by them with Frazier (the witness). See 10/21/21 Trial Tr., at 2762:10 - 2764:9 (Dckt. No. 646) (Bolden); 10/22/21 Trial Tr., at 3045:9-19 (Dckt. No....