With his own sentencing delayed until early April, advocates for an off-duty Black policeman shot 28 times by fellow officers seven years ago are working furiously to free a man they say was falsely accused of attacking four members of the Chicago Police Department.

Supporters of Howard Morgan — who, amazingly, survived the 2005 shooting — packed a Cook County courthouse last month, as his attorneys won a delay in the sentencing hearing as they filed motions his behalf.

Judge Clayton Crane rescheduled the hearing for April 5 at 9 a.m. Morgan has been in custody since Jan. 27, after his $2 million bond was revoked when a jury convicted him on four counts of attempted first degree murder of a police officer and one count of aggravated battery with a firearm.

Morgan’s attorney, Herschella G. Conyers, said the delay was requested so they can review transcripts from the trial and make sure they can assert all of the appellate claims so as not to waive anything on appeal. She said her client agreed with the move. The basis of Conyers argument for a new trial is what she thinks were errors made by Judge Crane in which some evidence was allowed, which she believes helped prosecutors while other evidence they believe would help the defense was not allowed.

She also says prosecutors are trying her client on charges that he was acquitted of in a previous trial five years ago.

When originally tried in 2007, Morgan was charged with four counts of attempted first-degree murder, three counts of aggravated battery with a firearm and one count of aggravated discharge of a firearm. A jury acquitted Morgan of the two counts of aggravated battery as well as the count of aggravated discharge of a firearm. However, the jury was hung on the other five remaining counts; after which Judge Crane, the presiding judge in that trial, declared a mistrial.

“The prosecution will tell you they did a retrial, but one of our issues is the same conduct he was acquitted of they tried him for again and just called it something else,” Conyers said. “It’s our claim that this is double jeopardy.”

Morgan faces a sentence of up to 80 years when he returns to court in April. Last month the jury believed the prosecution’s case that Morgan was pulled over in the early morning hours of Feb. 21, 2005 a few blocks from his North Lawndale home after police spotted him driving without headlights down a one way street. After being ordered out of the car by officers, Morgan attacked the officers, according to prosecutors and pulled a weapon and began firing. That prompted the four officers to return fire. Morgan was struck 21 times in the back and seven times in the chest.

Amazingly he survived said his wife and supporter Rosalind Morgan. She believes her husband is being framed to cover up police misconduct. When the story first broke, Chicago police told members of the press Morgan was not a police officer. Then they had to reverse course two days later and admit publicly he indeed was an officer for Burlington Northern Santa Fe Railroad for 13 years.

“If you were found not guilty of shooting your gun and there were no other weapons found, according to the indictment, then what are we talking about here?” asked Mrs. Morgan. “The whole thing is ludicrous and I am just appalled.”

She supports her husband’s attorneys’ decision to file two motions: one for a new trial with bond and the other for acquittal. She said the seven-year proceedings have taken a toll on her husband’s health and added being held in Cook County Jail is not helping.   

“It’s deplorable and heartbreaking to see this happen to my husband when I know he is innocent,” she said. “Every day you are looking over your shoulder and you are limited in your actions as my husband is limited on the physical activities he can do. He was never a sit around the house kind of person. We would often go out to dinner or to the movies, but after all of this has happened, we haven’t done any of that.”