Appeals Court Denies Innocence Certificate in 2001 McHenry Burrito Express Murder Case

Background of the Case

In 2001, a tragic event unfolded in McHenry when Raul Briseno, the owner of the Burrito Express restaurant, was killed during an attempted robbery. The incident took place on March 6, 2001, at the restaurant located at 3729 West Elm Street. Briseno, a 34-year-old Lakemoor resident and father of two, was killed after he grabbed a knife and chased two of the robbers in the parking lot of his establishment. A struggle ensued between Briseno and one of the suspects before a second suspect shot him, leading to his death.

The McHenry Police Department reported that the murder was linked to an attempted robbery. Four suspects were identified, including Kenneth E. Smith, David H. Collet, Jennifer A. McMullan, and Justin K. Houghtaling. Among them, McMullan and Houghtaling were found guilty of the murder. McMullan received a 27-year prison sentence, while Houghtaling was sentenced to 20 years. Collet pleaded guilty to aggravated armed robbery and was given a five-year sentence.

Convictions and Legal Battles

Smith, who was originally from Park City, was convicted three times by a McHenry County jury for the murder of Briseno. Each time, he was sentenced to 67 years in prison. His first two convictions were overturned by the Illinois Appellate Court, and his third conviction was overturned in April 2021 by the United States Court of Appeals for the Seventh Circuit. The federal appellate court ruled that Smith was deprived of his right to a fair trial on all three occasions and ordered his immediate release from the Illinois Department of Corrections.

After serving over 19 years in prison, Smith was released in May 2021. His attorney, David Jimenez-Ekman, expressed gratitude for the decision, stating that the justice system had finally recognized Smith’s innocence. However, Jimenez-Ekman also highlighted the ongoing struggles of other individuals involved, such as McMullan, who remains in prison despite being innocent, and the family of Briseno, whose real killers remain unpunished.

Disagreements and Further Legal Proceedings

Then-McHenry County State’s Attorney Patrick Kenneally disagreed with the court's decision to overturn Smith’s conviction. He criticized the trend of remote judges revisiting cases years later and making judgments based on selectively considered evidence and witness credibility, which he felt undermined the decisions of juries that had previously convicted Smith.

Following his release, Smith petitioned the McHenry County Circuit Court for a certificate of innocence. The judge denied his request, and Smith appealed the ruling to the Illinois Second District Appellate Court. In his appeal, Smith argued that the circuit court had based its decision on an incorrect understanding of material facts and ignored "overwhelming additional evidence" of his innocence.

Final Ruling

The appeals court issued its ruling late last month, affirming the lower court’s decision and rejecting Smith’s request for the innocence certificate. In its 87-page ruling, the court stated that Smith failed to meet his burden to establish his innocence. It emphasized that the circuit court had thoroughly reviewed the evidence in the case, acknowledged its strengths and weaknesses, and considered the competing theories of the case. The court concluded that the determination made by the circuit court was not unreasonable.