Wrongful Conviction Lawsuit Defense Blog

Federal Jury Awards Maria Guzman A Whopping $1 For The "Emotional Distress" She Claims Was Caused By Chicago Police

Avi Kamionski — Thu, 11 Mar 2010 18:31:01 -0600

In 2005, Maria Guzman filed a civil rights lawsuit against Chicago police officers claiming her home was illegally searches and she was unlawfully detained. Police officers had a valid search warrant. The search warrant was for a single family residence. After being in Guzman's home for twenty minutes, police officers realized that it was not a single family residence as it appeared from outside - so they left. Defendants won summary judgment, but the case was reversed by the Seventh Circuit Court of Appeals. The Court held that the search was illegal because the officers should have known they were not in a single family home and left earlier.

At her damages trial, Guzman claimed she was "emotionally distressed" by these twenty minutes. Guzman claimed police put her unborn baby into distress and caused her to have contractions when she was only thirty weeks pregnant. Guzman asked the the jury for thousands of dollars in "medical expenses" and unspecified damages for "emotional distress."

The jury saw right through it all and came back in under two hours with a $1 verdict for the "technical violation."

Mary McCahill, Anne Preston, and Tom Platt of the Corporation Counsel's Office represented the police officers.

Larry Jackowiak, Louis Meyer, and Adele Nicholas represented Guzman.

Another great result!!!

Judge Allows Northwestern To Toss Out The Controversial Evidence In The Anthony McKinney Case

Avi Kamionski — Wed, 10 Mar 2010 17:45:55 -0600

As previously reported, lawyers for McKinney sought to distance themselves from the students who allegedly used improper influence - paying and flirting - over witnesses to get them to give statements that would exonerate McKinney.

According to news reports, A judge today accepted a request from a man convicted of a 1978 murder to drop much of the controversial evidence pointing to his innocence that was dug up by Northwestern University journalism students. Judge Diane Gordon Cannon agreed to drop the evidence from a motion for a new trial filed by Anthony McKinney. She asked that McKinney sign an affidavit stating he understood the consequences, explaining that he is being treated in a psychiatric ward....The judge in the case has not yet ruled on the subpoena, but Karen Daniel, McKinney's lawyer, has said the more important issue at hand is whether her client was wrongfully convicted. Daniel said she believed dropping much of the questioned evidence would render moot the subpoena, but prosecutors have disagreed. They say all the evidence being used in the battle to get McKinney a new trial was part of the Medill Innocence Project's investigation.

We agree - the entire investigation is at issue. What is Northwestern trying to hide?

Federal Magistrate Judge Arlander Keys: Chicago Police Complaint Registers ("CRs") Are Exempted From Public Disclosure

Avi Kamionski — Mon, 08 Mar 2010 13:09:09 -0600

In a recent court opinion, issued by United States District Court Magistrate Judge Arlander Keys in Bell v. City of Chicago, Chicago Police Department CR files were deemed protected from public disclosure. Judge Keys explained "the newly-amended FOIA expressly exempts from disclosure records relating to disciplinary adjudications." Section 7(1)(n) of the 2010 FOIA per se exempts from disclosure:

Records relating to a public body's adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.

The Court explained that it need not address the "privacy considerations" of the officers because the 2010 FOIA trumps all. As for the overstated contention that the "public's need to access the record outweighs any interest the Defendants may have in maintaining their confidentiality," Judge Keys cited language from the recent Seventh Circuit decision in Bond v. Utreras, where the Court explained “pretrial discovery, unlike the trial itself, is usually conducted in private.”

Geri Lynn Yanow of the Corporation Counsel's Office represents the defendants and Melinda Power represents the plaintiff

Chicago Police Officers Vindicated: Federal Jury Rejects Frivolous Claim That Police Strip-Searched Byron Christmas & Tiffany Banks In A West Side Chicago Alley

Avi Kamionski — Thu, 04 Mar 2010 23:04:10 -0600

On March 4, 2010, a federal jury exonerated a 10th District Chicago Police Department tactical team accused of anally searching a man named Byron Christmas and vaginally searching his girlfriend, Tiffany Banks. The lawsuit alleged that the police officers attempted to cover up the body cavity searches by planting evidence and maliciously prosecuting Mr. Christmas and Ms. Banks. According to the officers, Christmas and Banks were arrested after they were caught selling heroin in Chicago’s Southwest side community of North Lawndale. After two days of deliberation, the jury unanimously found in favor of the officers. The jury further rejected Christmas and Banks’ inflammatory claim that their infant was abandoned in an alley at the scene of the arrests.

Although 911 evidence linking Mr. Christmas to drug dealing was not presented to the jury, the plaintiffs’ story fell apart because Ms. Banks voiced no special concern about her baby when she met with a lawyer and a physician the evening of her arrest.

Mary Ann Spillane, Shneur Nathan and Jonathan Green of the Corporation Counsel's Office represented the Chicago Police Officers. Chris Smith, Ray Smith, and Robert Johnson represented Christmas and Banks.

Way to go Corp Counsel!!!!!!

Cook County State's Attorney's Office vs. Medill Innocence Project - The Fight Continues

Andy Hale — Wed, 24 Feb 2010 22:54:08 -0600

The battle between the Cook County State's Attorney's Office and Northwestern's Medill Innocence Project continues to brew. In a recent court hearing, defense attorneys for Anthony McKinney submitted an amended post-conviction petition, deleting references to certain controversial evidence. Judge Diane Cannon questioned the motive of the defense attorneys, asking if the controversial evidence was removed in an effort to quash the State's Attorney's pending subpoena. Stay tuned. . .

New York Police Officers Acquitted In Anal Assault Case

Andy Hale — Wed, 24 Feb 2010 22:39:46 -0600

A jury acquitted New York police officer Richard Kern of sodomizing a drug suspect with his baton. Two of Kern's colleagues were also acquitted of covering up the alleged anal assault. Kern was quoted as saying "I knew coming into this I was innocent. I was going to stand up for my rights and prove my innocence."

Anthony Mckinney's Lawyers Seek To Distance Themselves From The Controversial Actions Of Northwestern's Innocence Project Students

Avi Kamionski — Thu, 11 Feb 2010 23:21:05 -0600

The Chicago Tribune is reporting:

Anthony McKinney's attorneys filed a post-conviction petition yesterday that no longer includes affidavits and videotapes gathered by Medill Innocence Project students. Northwestern hopes that the modified petition will end the states's attorneys efforts to force Northwestern to turn over their grades, grading criteria and notes. "My hope is that by taking out the most controversial evidence in the case that the state will agree" that their subpoenas seeking the information are moot, David Protess said.

As previously reported, McKinney's attorneys have been trying since November 2008 to win him a new day in court. Prosecutors have argued they need the students' material to prepare for the hearing and have filed documents containing accusations by witnesses that the students paid and flirted with them.

Apparently, McKinney believes his petition is strong without this "new evidence." If thats the case, we are not sure why the students had to go out and get it - and allegedly pay for it. Either way, the students should comply with the subpoena and clear their names. If Northwestern really wants McKinney out of prison, a simple subpoena shouldn't stand in the way. If the students did nothing wrong, and there is nothing to hide, why the delay?

What's more important - the documents or McKinney?

Federal Jury Rejects Stephanie Orejel's Bizarre Story That A Chicago Police Officer Sucked Her Toes At The Diplomat Motel

Avi Kamionski — Mon, 01 Feb 2010 22:01:02 -0600

The plaintiff, Stephanie Orejel, alleged that on December 8, 2007, she was sexually assaulted by Chicago Police Officer Patrick Cain. Ms. Orejel alleged that on that date, she was coming out of her motel room at the Diplomat Motel, located at 5230 N. Lincoln Avenue, when she was stopped by Officer Cain in an unmarked police car. Ms. Orejel alleged that as she was walking to the store, Officer Cain called her over to his car, asked her for her purse and room key, and then used his office to intimidate her into going up to her motel room with him.

Once in the motel room, Ms. Orejel alleged that Officer Cain searched her room for drugs, searched her body for track marks, and then put two of her toes in his mouth. At that point, Ms. Orejel allegedly told Officer Cain that she wanted to leave, and the two of them then exited the motel room and went back down to the car. When they got to the car, Ms. Orejel retrieved her purse from Officer Cain’s partner, who had stayed in the car for the entire twenty-minute time period during which Ms. Orejel and Officer Cain were in the motel room. After retrieving her purse, Ms. Orejel continued on to the store and purchased some chips and donuts.

The jury deliberated for approximately one and one-half days and ultimately returned a verdict in favor of the defendants on all three counts - rejecting plaintiff's bizarre story.

Officer Cain was represented by Edith Holland and James Thompson of the Law Offices of Joseph Roddy. The City of Chicago was represented by Arlene Martin, Robin Shoffner, and Brandon Keel of the Corporation Counsel's Office. Plaintiff was represented by Blake Horwitz.

Judge Jeffrey Cole Rejects Jerry Miller's Request For Defense Expert Arthur Young's Serology Files

Avi Kamionski — Fri, 22 Jan 2010 12:26:27 -0600

In a 12 page opinion issued yesterday, Judge Jeffrey Cole denied plaintiff's motion to compel case files from defense expert Arthur Young. Plaintiff sought documents in 10-15 cases in which Mr. Young conducted Absorption/Inhibition testing. Mr. Young has opined that defendant Raymond Lenz's inconclusive findings in the Jerry Miller testing were appropriate. Plaintiff contends that Mr. Young does not use appropriate methods in interpreting and lacks proficiency in Absorption/Inhibition testing. Plaintiff provided no evidence to support that and their motion was rejected.

The case is set for trial on February 22, 2010 before United States District Judge Suzanne Conlon.

As previously reported, the police officer defendants were dismissed from the lawsuit after Judge Conlon found that the police did not fabricate any evidence against Jerry Miller and that this was an unfortunate case of eyewitness misidentification.

Court Rejects Reynold Moore's Bid For New Trial - Finds Alleged "New" Evidence Not Credible

Andy Hale — Fri, 22 Jan 2010 08:53:43 -0600

A Wisconsin judge has rejected Reynold Moore's request for a new trial according to the Green Bay Press Gazette. Moore was one of six men convicted in 1995 of killing a co-worker. Moore's attorneys from the Wisconsin Innocence Project claimed there was "new" evidence - but this alleged "new" evidence turned out to be testimony from a prison inmate who now claimed that Moore had actually tried to prevent the group beating. This same prisoner had testified at trial that Moore admitted to him in jail that he participated in the killing. In rejecting this "new" evidence retired reserve Judge James Bayorgeon stated "It might be said that this testimony and recollections are strongly influenced by wind direction." Judge Bayorgeon further ruled that even without the prisoner's testimony a jury would have likely convicted Moore.

Convicted Murder MIchael Tillman Seeks New Trial - He Now Claims Jon Burge Tortured His Confession

Avi Kamionski — Tue, 12 Jan 2010 22:05:35 -0600

ABC7News in Chicago is reporting that MIchael Tilman may be freed this week after 20 years in prison for the murder of Betty Howard in 1986. Attorneys for Michael Tillman claim that Jon Burge tortured him. Flint Tyalor of the People's Law Office contends Burge "used a form of water boarding, putting water under his nose or 7Up...they put a gun to his head...they beat him," The hearing on TIllman's motion for new trial is set for thursday, Stay tuned....

In July of 1986, someone attacked Betty Howard in her apartment building. Howard was preparing for her son's two year old birthday, but she didn't show up. Howard's son is believed to have been with her until she was found dead a day later.

At the time, police said Michael Tillman committed the crime. Tillman confessed, was convicted and is serving time.

One quick note: It is quite amazing to see all these people in the last few years who now claim they were tortured by Jon Burge. It seems like everyone is claiming Burge tortured them. Don't be so quick to judge. Betty Howard's daughter still belives that Tillman killed her mother. This is not a case where DNA has been uncovered which exonerates Tilman. What evidence exists to say TIlman did not commit the crime?

District Court Dismisses James Haley's Wrongful Conviction Lawsuit - Boston Man Was Represented By Chicago Attorney Jon Loevy

Andy Hale — Thu, 07 Jan 2010 17:17:33 -0600

The Boston Globe is reporting that the a federal district court in Boston has dismissed a wrongful conviction lawsuit brought by Cambridge resident James Haley who spent 34 years in prison before a judge overturned his 1972 murder conviction. Haley learned in 2006 that certain police interviews had not been turned over to his attorney. The Suffolk District Attorney's office agreed the evidence should have been turned over and filed a motion to vacate Haley's conviction. Haley was freed on January 18, 2008 and prosecutors later decided not to retry Haley. U.S. district court judge Richard G. Stearns rejected claims that the detectives - now deceased - deliberately withheld inconsistent statements made by key witnesses and found that prosecutors - not the police - were responsible for disclosing evidence to the defense and that in 1972 the law was not clear on whether the prosecutors were obligated to share these witness statements with Haley's lawyer. Haley was represented in his civil suit by Chicago attorney Jon Loevy from the law firm of Loevy & Loevy.

More On The Battle Between The Cook County State's Attorney's Office And Northwestern University's Medill Innocence Project

Andy Hale — Wed, 06 Jan 2010 09:02:15 -0600

The February 2010 issue of Chicago magazine contains an article "The Professor and the Prosecutor: Anita Alvarez's office turns up the heat on David Protess's Medill Innocence Project" that discusses the ongoing battle over the subpoena that the Cook County State's Attorney's Office has served on the Medill Innocence Project. The main issue in the dispute is whether the students in Protess's class were acting as reporters. The article quotes Alvarez stating: "These students wrote no newspaper story on this case, they wrote no magazine articles. . . What is the purpose of this particular class? . . . The whole purpose of this was to gather information for court, to gather information that they believe is going to exonerate someone." The article also quotes DuPage County state's attorney Joseph Birkett: "If you are working on an investigation and are assembling evidence for a team of lawyers, I'm sorry, you may be a journalist, but in that scenario you are an investigator, and the journalistic privilege is not going to apply." A court hearing on the dispute will be heard later this month by circuit court judge Diane Gordon Cannon.

Chicago Police Memorial Foundation's "Operation Santa" Is Awesome!

Andy Hale — Thu, 31 Dec 2009 15:46:13 -0600

This Christmas season, the Chicago Police Memorial Foundation's
"Operation Santa" visited 32 children from several families of Chicago police officers who were killed or catastrophically injured in the line of duty. See the news report on ABC 7 News. What an awesome program - way to go Operation Santa!

Ulysses Rodriguez Charles Case - Hmm?

Andy Hale — Wed, 30 Dec 2009 17:09:36 -0600

Ulysses Rodriguez Charles was convicted of raping three women in a Brighton apartment back in 1980. He spent 18 years in prison before being released after DNA found on a robe and bedsheet belonged to two other men. Charles recently settled his civil lawsuit against the City of Boston for $3.25 million. Suffolk County prosecutors have insisted that the DNA evidence did not clear Charles because jurors at the trial had been told that the rapist did not ejaculate. Also, two of the women who were raped told the Boston Globe that they had no doubts that Charles was the man who raped them. Hmm??

Federal Immigration authorities intend to deport Charles to his native Trinidad as a result of other criminal convictions, including one in 1989 for trafficking in heroin while in prison.

More On "The Squeeze"

Andy Hale — Wed, 30 Dec 2009 16:55:34 -0600

Here's a sneek peek at "The Squeeze" which airs this Friday at 8:00 p.m. on MSNBC.

Check it out!

"The Squeeze" To Premier On MSNBC This Friday!

Andy Hale — Wed, 30 Dec 2009 16:41:01 -0600

A show about the Cook County Sheriff's Criminal Investigation Unit called "The Squeeze" premiers on MSNBC this Friday night at 8:00 p.m. The show follows officers as they try and flip convicted gang members to solve crimes. It has gotten great reviews and should be must-watch TV.

CPD Fires Anthony Abbate - Good Riddance Loser!

Andy Hale — Thu, 24 Dec 2009 14:31:03 -0600

Northwestern's WNUR News To Air Forum On Students' Methods Of Investigating The McKinney Case - LIVE Tonight at 8PM

Avi Kamionski — Wed, 02 Dec 2009 17:20:17 -0600

WNUR News - Northwestern University's student-run radio will be airing an open discussion tonight to address the allegations being made against the Medill Innocence Project.

As previo usly posted, the Cook County State's Attorney's Office has subpoenaed the journalism students for all their documents related to the Anthony McKinney investigation. The States Attorney is also see king the student's course outline and grade information. The State has evidence that students paid witnesses in exchange for their testimony, The Students, presumably, deny these allegations.

The question tonight will be: Are the State's requests reasonable? Can the students legally hide behind a reporter's privilege? Should they be able to hide this information? Can students pick and choose what information they disclose to prosecutors? What are the implications of such actions? What does it say about the Medill Innocence Project? What's wrong with just putting all the cards on the table and seeking the truth?

A lot of questions.....tune in tonight to hear the panelists weigh in.

PANELIST BIOS:

Professor Jack Doppelt

Medill School of Journalism
Focuses on, among other topics, Law and Media Ethics

Mr. Avi T Kamionski

Associate of Andrew M. Hale Law Firm in Chicago
Concentrates practice in Civil Rights Litigation

Professor Laura Beth Nielsen

Director of Legal Studies Department, Northwestern
Associate Professor in the Department of Sociology
Research Fellow, American Bar Foundation

Innocence Project......Not So Innocent

Avi Kamionski — Wed, 11 Nov 2009 23:08:38 -0600

News of the Cook County State's Attorney's filed brief, accusing Northwestern University Innocence Project students of paying witnesses in exchange for testimony, has made national headlines. The story was picked up by the New York Times, Wall Street Journal and the Associated Press. Nevertheless, no one from the university has demanded the students respond to these allegations. Mr. Protess, the students teacher, has staunchly defended his work and the work of his students. But why not clear their name? Why not cooperate or conduct their own investigation of these claims. Northwestern's response is due in January. Until then we will continue to wonder - Why is Northwestern fighting these requests? Every day they fail to comply, forces people to question - Is the Innocence Project really so innocent?

If the students were truly paying off witnesses..why would they do that? What do you think?