IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JACQUES RIVERA,

Plaintiff,

v.

REYNALDO GUEVARA, et al.,

Defendants.

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Case No. 12 C 4428

Hon. Joan B. Gottschall,

District Judge

Hon. Mary M. Rowland,

Magistrate Judge

PLAINTIFF’S SECOND SUPPLEMENTAL RULE 26(A)(1) DISCLOSURES

Plaintiff JACQUES RIVERA, by his attorneys, pursuant to the Court’s 

Orders of June 12, 2015, Doc. No. 202, September 2, 2015, Doc. No. 206, and 

October 13, 2015, Doc. No. 210, hereby submits the following supplemental 

disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1):

The following individuals are likely to have discoverable information that 

Plaintiff may use to support his claims: 

1. The individuals listed in this paragraph have knowledge of the police 

investigation and criminal prosecution arising from the homicide of , 

including but not limited to whether investigative materials generated during that 

investigation were turned over to the criminal defendant(s) charged in connection 

with the homicide. The Chicago Police Department assigned this homicide 

investigation RD No. P128067. In connection with this investigation, 

, , and were charged with the murder of 

. Records of a police interview with witness reveals that 

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on the day was killed he had had a fight with an alternative suspect 

named and others. During this fight, had threatened to kill 

See Bates No. RFC 14637-38. This information was not included in the 

permanent retention file and based on information and belief was not provided to 

 or their criminal defense attorneys. Instead, typed police 

reports included in the permanent retention file state that “came to the 

scene after the incident occurred and had no real information to provide.” See Bates 

No. RFC 163227. The following individuals are likely to have discoverable 

information: (contact information unknown, investigation 

continues); ; 

; 

.

2. The individuals listed in this paragraph have knowledge of the police 

investigation and criminal prosecution arising from the homicide of 

, including but not limited to whether investigative materials generated 

during that investigation were turned over to the criminal defendant(s) charged in 

connection with the homicide. The Chicago Police Department assigned this

homicide investigation RD No. J215119. In connection with this investigation, 

 was charged with and convicted of murder. conviction was 

overturned on appeal. He pleaded guilty to second-degree murder on remand, rather 

than submitting to a re-trial. The central dispute at criminal trial was 

whether had acted in self-defense. and the victim, 

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 had been in an altercation earlier in the day, during which had 

cut with a knife. A handwritten general progress report included in the 

investigative file states that a witness named told investigators that 

 had put his fists up and punched in the face just before 

stabbed See Bates No. RFC 6567. This information was not included in the 

permanent retention file and based on information and belief was not provided to 

or his criminal defense attorneys. Instead, the typed police reports

included in the permanent retention file state that told investigators that 

 had “put his hands up” prior to the stabbing, implying that had 

not been aggressive. See Bates No. RFC 160559. The following individuals are likely 

to have discoverable information: 

; 

.

3. The individuals listed in this paragraph have knowledge of the police 

investigation and criminal prosecution arising from the homicide of 

, including but not limited to whether investigative materials generated 

during that investigation were turned over to the criminal defendant(s) charged in 

connection with the homicide. The Chicago Police Department assigned this 

homicide investigation RD No. H422157. In connection with this investigation, 

 , , and were charged with the 

murder of . The murder allegedly occurred in the course of an 

armed robbery. An anonymous note in the investigative file provides the name and 

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description of a single offender who allegedly committed the crime along with 

information about where he could be found. See Bates No. RFC 4873-75. This 

information was not included in the permanent retention file and based on 

information and belief was not provided to or or their

criminal defense attorneys. The following individuals are likely to have discoverable 

information: ; 

; 

; 

; 

; 

.

4. The individuals listed in this paragraph have knowledge of the police 

investigation and criminal prosecution arising from the homicide of , 

including but not limited to whether investigative materials generated during that 

investigation were turned over to the criminal defendant(s) charged in connection 

with the homicide. The Chicago Police Department assigned this homicide 

investigation RD No. P272087. In connection with this investigation, 

 was charged with the murder of and was convicted on June 12, 

1991. The investigative file contains documentation of an in-person lineup, in which 

a witness positively identified an alternative suspect named . See Bates 

No. RFC 15470-71. The report of this lineup and all references to this lineup 

occurring are omitted from the permanent retention file and based on information 

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and belief were not provided to or his criminal defense attorneys. Instead, 

typed police reports included in the permanent retention file state that 

appeared in a lineup that resulted in no positive identification. See Bates No. RFC 

15480. The following individuals are likely to have discoverable information:

; 

.

5. The individuals listed in this paragraph have knowledge of the police 

investigation and criminal prosecution arising from the homicide of 

, including but not limited to whether investigative materials generated 

during that investigation were turned over to the criminal defendant(s) charged in 

connection with the homicide. The Chicago Police Department assigned this 

homicide investigation RD No. N114280. In connection with this investigation, 

was charged with the murder of and was 

convicted. The investigative filed contains documentation stating that a man named 

 was a purported eyewitness to the crime and that, on the day after 

the crime, was arrested in connection with an armed robbery and 

participated in a lineup. See Bates No. RFC 11711-17. Later in the month, 

provided a statement to police, implicating in killing. Information 

regarding arrest for armed robbery and participation in a lineup is not 

included in the permanent retention file and based on information and belief was

not provided to or his criminal defense attorneys. The following individuals 

are likely to have discoverable information: 

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.

6. The individuals listed in this paragraph have knowledge of the police 

investigation and criminal prosecution arising from the homicide of 

and , in what appeared to be a gang-related shooting, including but 

not limited to whether investigative materials generated during that investigation 

were turned over to the criminal defendant(s) charged in connection with the 

homicide. The Chicago Police Department assigned this homicide investigation RD 

No. M184949. In connection with this investigation, was charged 

with the murder of and and was convicted. The investigative file 

contains handwritten notes discussing an alternative suspect named 

, as well as notes describing the offender’s car and eyewitness accounts of the 

offense. See Bates No. RFC 9669, 9671, 9698-9702, 9704-9713, and 9720. These 

notes are omitted from the permanent retention file and based on information and 

belief were not provided to or his criminal defense attorneys. The following 

individuals are likely to have discoverable information: 

; 

.

7. The individuals listed in this paragraph have knowledge of the police 

investigation and criminal prosecution arising from the homicide of , 

including but not limited to whether investigative materials generated during that 

investigation were turned over to the criminal defendant(s) charged in connection 

with the homicide. The Chicago Police Department assigned this homicide 

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investigation RD No. M258570. In connection with this investigation, 

was charged with the murder of , along with 

 The investigative file contains documents relating to an alternative 

suspect named ; eyewitnesses to the crime, including signed 

statements provided by those witnesses and notes of witness interviews; and a 

photo lineup that was conducted prior to a live, in-person lineup in the case. See

Bates No. RFC 9972, 9974, 9976, 9978, 9982, 9984, 9986-87, 9989-90, 10076, 10093, 

10058, 10053-54, 10009-10, 10060-61, 10098. These documents are omitted from the 

permanent retention file and based on information and belief were not provided to 

 or their criminal defense attorneys. The following individuals 

are likely to have discoverable information: 

; 

; 

.

8. The individuals listed in this paragraph have knowledge of the police 

investigation and criminal prosecution arising from the homicide of , 

including but not limited to whether investigative materials generated during that 

investigation were turned over to the criminal defendant(s) charged in connection 

with the homicide. The Chicago Police Department assigned this homicide 

investigation RD No. M381429. In connection with this investigation, 

was charged with the murder of and was convicted.

was beaten to death during an armed robbery. The investigative file contains police 

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reports indicating that had been mugged twice in August 1989 and that she 

died from injuries suffered during the second of those two muggings. In addition, 

reports in the investigative file state that could not see or identify the 

offender involved in the first of the two muggings and that the first incident was not 

serious, such that refused medical treatment. See Bates No. RFC 10273, 

10283-85, and 10251-57. These reports are omitted from the permanent retention 

file and based on information and belief were not provided to or his 

criminal defense attorneys. was convicted of murder based on a confession 

that he had been involved in a purse snatching involving The following 

individuals are likely to have discoverable information: 

; 

.

9. The individuals listed in this paragraph have knowledge of the police 

investigation and criminal prosecution arising from the homicide of 

 including but not limited to whether investigative materials generated 

during that investigation were turned over to the criminal defendant(s) charged in

connection with the homicide. The Chicago Police Department assigned this 

homicide investigation RD No. M127008. In connection with this investigation, 

was charged with the murder of and was 

convicted. was shot in a gang shooting and died about 14 years later. 

 was initially convicted of aggravated battery and later tried and convicted of 

murder. The investigative file contains Supplemental Reports that include a 

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description of offender, offense details, motive information, witness identities and 

interview notes, gang affiliation, a line-up report, notes about an interview between 

the State witnesses and the ASA, detail the results of a neighborhood canvass, and 

information regarding witnesses , , and 

. See Bates No. RFC 9278-93. These reports are omitted 

from the permanent retention file and based on information and belief were not 

provided to or his criminal defense attorneys. Virtually everything in the 

investigative file is absent from the permanent retention file, and the investigative 

file affirmatively indicates that officers searched for the street file, but it had been 

purged and no longer existed. See Bates No. RFC 161637. The following individuals 

are likely to have discoverable information: 

.

10. The individuals listed in this paragraph have knowledge of the police 

investigation and criminal prosecution arising from the homicide of 

, including but not limited to whether investigative materials generated 

during that investigation were turned over to the criminal defendant(s) charged in 

connection with the homicide. The Chicago Police Department assigned this 

homicide investigation RD No. M558552. In connection with this investigation, 

 was charged with the murder of and was convicted. 

 was shot in liquor store robbery. The case was a “cold case” for three 

years, until the defendant supposedly admitted his participation in the crime. The 

investigative file contains a handwritten note instructing someone to bring a blue 

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knit hat for the lineup See Bates No. RFC 10701. The offender had worn a similar 

hat, and Mr. reports that he was made to wear this hat at the lineup, years 

after the crime. The investigative file also reveals an undisclosed alternate suspect, 

. See Bates No. RFC 10663-64. Additionally, the investigative file 

reveals that the detectives pulled defendant’s other arrest documents, suggesting 

detectives worked backwards. See Bates No. RFC 10682, 10710-11. The following 

individuals are likely to have discoverable information: 

and 

.

11. The individuals listed in this paragraph have knowledge of the police 

investigation and criminal prosecution arising from the homicide of , 

including but not limited to whether investigative materials generated during that 

investigation were turned over to the criminal defendant(s) charged in connection 

with the homicide. The Chicago Police Department assigned this homicide 

investigation RD No. N592324. In connection with this investigation, 

 and were charged and convicted of the murder of . 

 was allegedly a co-offender who was shot during a jewelry store robbery. 

Information in the investigative file, but not in the permanent retention file, 

included supplementary reports detailing: the eyewitnesses identities and interview 

notes; the evidence, arrest, recovery of property, motives, and car used during the 

offense; the defendants’ statements; witness descriptions of the offenders; the 

location of the offense; the motive; an account of the crime; property and evidence 

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taken, canvas results; a description of the handgun used in the offense and found on 

the scene; notes about eyewitness interviews detailing descriptions of the offenders; 

a report of the arrest; description of witness identifications and a report of the 

lineup; a report of the recovery of the stolen property; and details about the course 

of the investigation. See Bates No. RFC 13676-81,13685-96, 13727-40. The following 

individuals are likely to have discoverable information: 

; 

.

These disclosures are intended to supplement Plaintiff’s prior disclosures. In 

addition, Plaintiff reserves the right to supplement these disclosures as additional 

information comes to light.

RESPECTFULLY SUBMITTED,

/s/ Anand Swaminathan

Counsel for Jacques Rivera

Arthur Loevy Locke E. Bowman

Jon Loevy Sheila Bedi

Michael Kanovitz David Shapiro 

Russell Ainsworth Alexa Van Brunt

Elizabeth Mazur RODERICK MACARTHUR JUSTICE CENTER

Anand Swaminathan Northwestern University School of Law

Steve Art 375 E. Chicago Avenue

LOEVY & LOEVY Chicago, Illinois 60611

312 N. May St., Ste. 100 (312) 503-0844

Chicago, IL 60607

(312) 243-5900 J. Samuel Tenenbaum

BLUHM LEGAL CLINIC

Northwestern University School of Law

375 E. Chicago Avenue

Chicago, Illinois 60611

(312) 503-8576

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CERTIFICATE OF SERVICE

I, Anand Swaminathan, an attorney, hereby certify that on October 23, 2015, 

I filed the foregoing Plaintiff’s Second Supplemental Rule 26(a)(1) Disclosures using 

the Court’s CM/ECF system, which effected service on all counsel of record listed 

below.

/s/ Anand Swaminathan

Counsel for Jacques Rivera

Attorneys for the Individual Defendants

James G. Sotos

Elizabeth A. Ekl

Jeffrey N. Given

Caroline P. Golden

The Sotos Law Firm

550 E. Devon Ave., Suite 150

Itasca, Illinois 60143

Attorneys for Defendant City of Chicago

Eileen E. Rosen

John J. Rock

Stacy A. Benjamin

Catherine Barber

Rock Fusco & Connelly, LLC

321 N. Clark Street, Suite 2200

Chicago, Illinois 60654

(312) 494-1000

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