Terrence Haynes

Terrence Haynes, of Kankakee, was arrested on drug charges in Coles County earlier this week. In 2019, he had his 1999 murder case expunged from his record when he was granted a certificate of innocence after having spent 20 years in prison.

CHARLESTON — Terrence D. Haynes, who was found innocent in 2019 after spending 20 years in prison for murder, was arrested on drug charges earlier this week in Coles County.

According to online court records, Haynes, 43, was arrested July 7 on felony charges of delivery of cocaine and controlled substance trafficking.

A judge set Haynes’ bond at $100,000, which Haynes posted on Friday. His next court date is July 27.

“Yes, we were informed that he and his brother were arrested in Coles County,” Chicago Attorney Shawn Barrett said in response to an email from the Daily Journal.

Haynes’ brother, Jemiko J. Bates, is facing charges of delivery of cocaine and controlled substance trafficking. A judge set his bond at $150,000, which Bates posted on Friday.

Previously, the 45-year-old Bates worked as a corrections officer for the Illinois Department of Corrections.

Barrett and Andrew Hale of Hale & Monico in Chicago are currently representing Haynes in his federal wrongful conviction civil lawsuit.

Haynes was convicted in August 2000 of shooting and killing Cezaire Murrell on May 27, 1999, in Kankakee. He was sentenced to 45 years.

His conviction was reversed by the Illinois Appellate Court. After being tried and convicted again, the appellate court reversed it again. It was set to go to trial a third time in June 2019, instead Kankakee County State’s Attorney Jim Rowe had the charges dismissed. Haynes was out on bail at the time.

A key witness recanted his testimony, which played a large role in dismissal of the charges.

Five months after the case was dismissed, Haynes had the case expunged from his record in 21st Judicial Court.

Haynes was granted a certificate of innocence by Associate Judge Michael Sabol, and Rowe did not object to the motion.

The certificate allows his attorneys to bring a claim of damages against the state.

Under the current guidelines, Haynes could receive up to $200,000 for being imprisoned for 20 years. Among other things, the certificate helps provide financial assistance for education.

“We see this often with individuals who are released from prison after a long stint, whether their convictions are reversed or not,” Rowe said.

“Unfortunately, while 20-plus years in prison likely institutionalizes people to the point that they stay trapped in a poisoned mindset, at the end of the day that is no excuse. If the allegations against him are proven true, he should be held accountable to the full extent of the law.”

Lawsuit pending

In a federal wrongful conviction civil lawsuit, Haynes’ attorneys argue his constitutional rights were violated, including the Fourth Amendment (unreasonable search and seizures) and 14th Amendment (due process).

The other four counts deal with Illinois state law (malicious prosecution, intentional infliction of emotional distress, legal malpractice and compensation).

It names as defendants the Kankakee State’s Attorney Office, Frank Astrella and Michael Jeneary, County of Kankakee, then-public defender Jamie Boyd, the Kankakee County Public Defender’s Office, city of Kankakee, and Kankakee police officers Kenneth Lowman, Samuel Miller and Susan Wagner.

Astrella and Jeneary prosecuted the case. Lowman, Miller and Wagner investigated the case. Boyd, Kankakee State’s Attorney Office and Kankakee County Public Defender’s Office have been removed from the case.

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