New trial ordered for ex-cop sentenced to life in prison
Judge explains his reasoning for ordering a new trial for Jack McCullough
A 76-year-old retired police officer from Washington state who was tried and convicted in 2012 in the abduction and killing of a 7-year-old Illinois schoolgirl in 1957 will be released from prison pending a new trial, a judge ordered Friday.
The judge said he made his decision based on records that support Jack McCullough's claim he was 40 miles away when second-grader Maria Ridulph was kidnapped. The evidence includes newly discovered phone records.
In 2012, a different judge convicted Jack McCullough in Maria's death, in one of the oldest unsolved U.S. cases ever to go to trial. McCullough was sentenced to life in prison.
In this undated file family photo via the Chicago Sun-Times, Maria Ridulph is seen with family members in Illinois. (AP)
Forest hikers found the girl's remains five months after her disappearance in Sycamore, about 70 miles west of Chicago. She was playing in the snow the last time she was seen alive.
DeKalb County State's Attorney Richard Schmack conducted a six-month review of evidence and concluded that McCullough could not have killed Maria, citing the new evidence.
On Friday, McCullough appeared shaken by Judge William P. Brady's decision at first, rocking back and forth, then taking a deep breath. Family members behind him hugged and cried. Moments later, McCullough looked back and smiled broadly.
On the other side of the room, Maria's brother and sister displayed little emotion. A few hours later, McCullough's stepdaughter, Janey O'Connor, drove McCullough away from a jail near the courthouse. McCullough, wearing street clothes, smiled broadly to reporters from the back seat.
It wasn't clear until the last minute that Brady would rule as he did. "Rest assured I am not trying this case... You will not hear the words, 'Mr. McCullough is guilty' or 'Mr. McCullough is not guilty' coming from my mouth."
Maria's disappearance made headlines nationwide in the 1950s, when reports of child abductions were rare.
She had been playing outside in the snow with a friend on Dec. 3, 1957, when a young man approached, introduced himself as "Johnny" and offered them piggyback rides. Maria's friend dashed home to grab mittens, and when she came back, Maria and the man were gone.
At trial, prosecutors said McCullough was Johnny, because he went by John Tessier in his youth. They said McCullough, then 18, dragged Maria away, choked and stabbed her to death.
Schmack, who wasn't involved in McCullough's case and was elected to the state's attorney post as McCullough's trial came to an end, filed a scathing report with the court last month that appeared to pick the case apart, point-by-point.
McCullough's long-held alibi was that he was in Rockford, attempting to enlist with the U.S. Air Force at a military recruiting station, on the night Maria disappeared.
Schmack said newly discovered phone records proved McCullough had, as he long-claimed, made a collect call to his parents at 6:57 p.m. from a phone booth in downtown Rockford -- which is 40 miles northwest of where Maria was abducted between 6:45 p.m. and 6:55 p.m.
Schmack also reviewed police reports and hundreds of other documents, including from the Air Force recruitment office, which he said had been improperly barred at trial. In his review he said the documents contained "a wealth of information pointing to McCullough's innocence, and absolutely nothing showing guilt."
He also noted that Maria's friend had identified McCullough as the killer five decades later from an array of six photographs; McCullough's picture stood out, partially because everyone but him wore suitcoats and their photos were professional yearbook pictures.
Maria's murder haunted the Sycamore for decades, and McCullough's conviction four years ago seemed to bring some closure. Those wounds now threaten to reopen.
Members of her family remain convinced that McCullough is guilty and have sought the appointment of a special prosecutor in an attempt to keep him behind bars. Maria's brother, 70-year-old Charles Ridulph, still lives in Sycamore and has said that his family feels let down by the state prosecutor's office about-face.
The Associated Press contributed to this report.
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