Archer guilty of involuntary manslaughter

NewsTribune (La Salle, IL)

Charge allowed just hours before verdict returned

By Shannon Crawley-Serpette

Putnam-Marshall Bureau Chief

HENNEPIN -- After deliberating for more than 2½ hours Friday afternoon, a Putnam County jury found Matthew Archer guilty of involuntary manslaughter in the death of 3-year-old Jordan Cain -- an option Archer's attorney Kevin Sullivan asked the jury be allowed to consider just hours before deliberations.

Putnam County State's Attorney Jim Mack and attorney Charles Zalar, who assisted him with the trial, asked the judge to deny allowing the jury to consider the charge.

But Judge Scott Shore ruled in favor of Sullivan. This then allowed the jury these choices: not guilty, guilty of involuntary manslaughter or guilty of first-degree murder. The state dropped the charge of aggravated battery of a child when the involuntary manslaughter charge was added.

During deliberations, the jury sent a note to Shore asking for further explanation of the first-degree murder instructions, such as what had to be proved to make a finding.

Shore ruled to not allow the jury a further explanation of the law. The papers explaining the jury's instructions as to the law were in the deliberations room with them.

"I consider that to be a favorable verdict," Sullivan said, adding that the state presented a good case.

Sullivan said he realized Archer's contrary testimony about what happened to Jordan was damaging.

He introduced the involuntary manslaughter charge because "based upon the evidence I was certainly concerned about the conflicting statements he gave," he said.

Sullivan isn't sure if an appeal will be sought, but said he is fairly sure the court will give his client time in jail.

Because of the age of the victim in this case, involuntary manslaughter, a Class 3 felony, carries a possible sentence of 5-10 years in prison for Archer.

A sobbing Janice Archer, Matthew Archer's wife, was led out of the courthouse as Archer was remanded into the custody of Putnam County Sheriff's Department.

Sullivan said Janice has had to deal with the death of Jordan on Oct. 25, 2003, who was her niece and foster child.

"Now she feels her husband is lost, too," Sullivan said.

Cain was injured Oct. 24 while under Archer's watch. Testimony indicated Archer changed his story with police more than 20 times.

Among the versions are that the girl fell or that he fell on top of her after he dozed off in a chair.

Mack said he believed justice was served.

"I think I'm always satisfied with a verdict," he said. "I was a little disappointed it didn't come back first-degree murder."

Mack said the introduction of the manslaughter charge may have had an impact on his case.

people who weren't satisfied with Friday's verdict were Brian and Christy Cain, Jordan's biological parents.

"That's not enough time. She (Jordan) was only 3," said Brian, who was visibly upset as Christy stood next to him fighting back tears.

"We asked DCFS (Department of Children and Family Services) to help us," he said. "We admitted we had a drug problem."

They gave up their three children to foster care, Brian said, because they thought they were unable to properly care for them. He said he entrusted DCFS to take care of them.

Brian said he believes "100 percent" that Archer should have been found guilty on the murder charge.

Earlier in the day while Zalar cross-examined Archer, Archer admitted he didn't tell anyone what happened to Jordan because he was scared.

When asked if he was aware he could have assisted the hospital personnel in their treatment of Jordan if he had told them what had happened to her, Archer said, "Yes."

Zalar then asked if Archer was more afraid of taking responsibility for his actions than he was with helping Jordan get the care she needed. "Yes," was the unemotional reply given by Archer.

"You're my hero," Zalar said sarcastically, before being chastised by Shore for making an inappropriate comment. The comment was stricken from the record.

After hearing so many variations of what happened to Jordan, why should the jury believe his latest version, Zalar asked Archer.

"It's the truth," he replied.

"It happens to be the story that gives you the least responsibility for what you've done," Zalar replied.

During closing statements, both Zalar and Mack asked the jury to return a first-degree murder verdict.

"I think the evidence bears out that he hasn't been honest," Mack said.

Sullivan asked the jury to return a not guilty verdict, describing Archer as the type of man "who would find a quarter on the ground and look for its owner."

"Every death is not a homicide ... Every homicide is not a crime," Sullivan said.

Archer's sentencing hearing is scheduled for Nov. 4.

Shannon Crawley-Serpette can be reached at 339-2268 or ntputnam@ivnet.com.