A judge will hear a motion for a new trial for a man convicted of murder in the burning death of a North Chicago resident.
Marvin Williford had been convicted of first-degree murder and sentenced to 80 years in prison in the 2000 death of Delwin Foxworth, who was beaten and lit on fire.
Defense attorneys had petitioned for a new trial based largely on DNA results conducted after the 2004 trial. The Lake County State’s Attorney’s Office had sought the dismissal of the new trial request.
On Tuesday, Lake County Circuit Court Judge Daniel Shanes decided a hearing on the motion for a new trial will be held this summer. He did not set a specific date for the hearing.
Defense attorney David Owens, an attorney with the University of Chicago Law School’s Exoneration Project, has maintained a new trial is merited because of the identification of several DNA profiles at the murder scene, none of which matched Williford. One of the DNA samples does match semen found at the scene of the 1992 rape and murder of 11-year-old Holly Staker in Waukegan, he said.
The state argued Williford should not get a new trial because he was convicted on evidence that included eyewitness identification and testimony — not DNA. The state added it had established motive —Foxworth owed Williford a debt — and that any DNA results from the scene that did not come from Williford does not mean he was not there or diminish the validity of the conviction.
The state also quoted an eyewitness, who identified Williford at his trial said she saw him up close and in good lighting. That witness testified that Williford “looked at Delwin and said, ‘how about a little fire'” before dousing him with gasoline.
Foxworth died in a hospital as the result of his injuries after what officials described as “over two years of pain and suffering.” Authorities have said two other unidentified men participated in the attack with Williford.
Despite the state’s arguments, Shanes ruled he will hear the evidence for a new trial.
“We are looking forward to the evidentiary hearing in this case so all of the relevant facts can come to light,” Assistant State’s Attorney Ari Fisz said.
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