Homicide

Illinois prosecutor files for dismissal of 1957 slaying case

FILE - In this April 15, 2016 file photo, Charles Ridulph, the brother of Maria Ridulph who was found slain in 1957 in Sycamore, Ill., speaks with family and friends at a court hearing in Sycamore, after a judge vacated the murder conviction and released Jack McCullough. McCullough was convicted in 2012 and sentenced to life in prison for the killing. Ridulph has hired an attorney to help him pursue a special prosecutor to defend the conviction. (Danielle Guerra/Daily Chronicle via AP, File) MANDATORY CREDIT, CHICAGO TRIBUNE OUT

FILE - In this April 15, 2016 file photo, Charles Ridulph, the brother of Maria Ridulph who was found slain in 1957 in Sycamore, Ill., speaks with family and friends at a court hearing in Sycamore, after a judge vacated the murder conviction and released Jack McCullough. McCullough was convicted in 2012 and sentenced to life in prison for the killing. Ridulph has hired an attorney to help him pursue a special prosecutor to defend the conviction. (Danielle Guerra/Daily Chronicle via AP, File) MANDATORY CREDIT, CHICAGO TRIBUNE OUT  (The Associated Press)

Formal steps by a state's attorney in Illinois to permanently dismiss the case against a man he believes was wrongly convicted in a 1957 killing have not deterred the victim's brother from seeking the appointment of a special prosecutor.

The (DeKalb) Daily Chronicle reports (http://bit.ly/1VBT8HW ) that Charles Ridulph has hired an attorney to help him pursue a special prosecutor to defend the conviction.

Jack McCullough was sentenced to life in prison in 2012 in the killing of Maria Ridulph in Sycamore. But a new state's attorney, Richard Schmack, says his review of the investigation found flaws and determined McCullough's alibi was solid.

A judge vacated the conviction and McCullough was released Friday.

Schmack filed a motion Tuesday asking the judge to dismiss the case with prejudice, meaning it couldn't be refiled.

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Information from: The Daily Chronicle, http://www.daily-chronicle.com