Appeals Court Overturns Murder Conviction of Former Northwestern Professor Accused of Killing Her Boyfriend. Chicago (CBS) — On Friday, a panel of the Illinois Appellate Court overturned the conviction of Wyndham Lathem, a former professor at Northwestern University, who was convicted of killing his partner Trenton Cornell-Duranleau by stabbing him in 2017 as part of a sexual fantasy that began in an online chatroom.
The Cook County judge who presided over Lathem’s trial illegally barred him from communicating with his lawyer during an overnight trial pause while Lathem was testifying, according to a unanimous decision by a three-judge appeals court panel.
Renowned microbiologist Lathem was found guilty in October 2021 and given a 53-year jail term. The university had sacked him when he left the Chicago region following Cornell-Duranleau’s murder.
Lathem and co-defendant Andrew Warren were charged with nearly decapitating Cornell-Duranleau by stabbing him numerous times at Lathem’s condo in Chicago. The prosecution claimed that for months prior to the murder, Lathem and Warren had discussed “carrying out their sexual fantasies of killing others and then themselves.”
Warren testified against Lathem at his trial after entering a guilty plea in 2019.
Lathem cowered in a nearby restroom during the trial and testified in his own defense, saying that Warren was the one who stabbed Cornell-Duranleau. Cook County Judge Charles Burns instructed Lathem that he could not talk to his lawyers during an overnight recess following his direct testimony, but before he was cross-examined.
Justices Sharon Johnson, David Navarro, and Mary Mikva of the Illinois Appellate Court decided Friday that Burns’ decision infringed upon Lathem’s Sixth Amendment right to legal advice.
“We are forced to overturn and remand for a retrial due to the trial court’s order prohibiting a testifying defendant from speaking with his lawyer during an overnight recess, which violates his right to counsel, and our unambiguous and consistent rule on this matter. These rights are essential to the efficient administration of justice, regardless matter how horrible murder is,” their verdict said.
The appeals court decided that denying a defendant any contact at all with their lawyer during their testimony should only be done in the most dire situations, even though judges can forbid lawyers from discussing their testimony with trial witnesses while they are still on the stand in order to stop them from giving them advice.
“Any restriction during an overnight recess should be the exception and not the rule and given in only exigent and unusual circumstances, and that defendant’s right to unrestricted access must prevail over any fears of coaching, which should be addressed through exposure on cross-examination or through scheduling,” the judge wrote.
A retrial of the case against Lathem will now take place in the trial court.
