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"Hopefully, the Supreme Court will clarify the law," said Myles O'Rourke, who argued the case for the special prosecutor's office. "We're just hoping that there's resolution." Attorneys and legal experts say it's difficult to predict what the high court will do. Justices could affirm the lower court's decision, deny the decision or send the case back for a procedural step that was skipped, among a range of options. The court could also order that all inmates with credible torture claims get new hearings, as defense attorneys have asked in an amicus brief. Or justices could allow the cases to work their way through the courts one-by-one on their merits, as prosecutors want. Just six of the seven justices considered the Wrice case after Justice Robert Thomas recused himself and did not hear oral arguments. No reason has been given for the recusal. In the event of a 3-3 split, the lower court ruling giving Wrice a new hearing would stand. Joey Mogul, one of the defense attorneys representing men with pending torture claims against Burge and his officers, said the high court's ruling could have broad implications on her clients and others. "I hope the Illinois Supreme Court recognizes that torture is so egregious that it never can be harmless error and that it takes the principled step of not only granting relief to Stanley Wrice but to the 15 other torture survivors who have never had the opportunity to present evidence of torture," Mogul said.
[Associated
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