Wrongful Conviction Lawsuit Defense Blog : Wrongful Conviction Defense Lawyer & Attorney : Andrew M. Hale Law Firm

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!!!!!!

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 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. . . 

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 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." 

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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?  

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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.
 

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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.    

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 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.

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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?  

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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.

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