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

The Daily Sentinel has reported that Robert Dewey is being released from prison after serving 16 years for the rape and murder of a Palisade, Colorado woman. Jackie Taylor, age nineteen, was slain in June 1994. Her body was found in her Palisade apartment, naked from the waist down in a half-filled bathtub. She'd been beaten, sexually assaulted and strangled with a nylon dog leash.

Dewey, who was staying nearby with the family of Taylor's roommate, immediately became a suspect in the crime due in part to blood found on one of his work shirts. DNA testing on the garment convinced some investigators that the blood was a combination of Dewey's and Taylor's, while other experts believed the fluid could have come from literally thousands of others. In the end, Dewey, whose was convicted and given life in prison.

Dewey may be innocent and, if so, should be released from prison.  However, that does not automatically mean that the police officers who investigated his case did anything wrong. Nevertheless, the news reports suggest that Dewey plans on filing a civil suit against Mesa County Sheriffs.  

When Dewey files his lawsuit, Mesa County must demonstrate that the sheriffs did their jobs and that there was probable cause to arrest and charge Dewey with the murder.  Simply because Dewey was exonerated, does not prevent the officers from winning this case.  

Our firm successfully defended several retired detectives who were accused of fabricating a case against a person who was exonerated based on DNA.  Jerry Miller was convicted in 1982 of a brutal rape in Chicago. He was convicted based on the testimony of two eyewitnesses who identified Miller as the man who attempted to drive his rape victim's car out a parking garage where they worked at the time. The parking lot attendants foiled the rapist's escape by preventing him from driving the car out of the parking garage. Miller spent 26 years in prison before being released in 2006 based on new DNA testing which showed that Miller was not the rapist. That DNA testing lead to the real culprit, Robert Weeks.  Despite that, we were able to show that the detectives did nothing wrong and a Federal Court in Chicago granted summary judgment for the retired detectives.  

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 According to FBI statistics, 72 police officers were killed by perpetrators in 2011, a 25% increase from 2010, and a 75% increase from 2008. Astonishingly, 2011 marked the first year more police officers were killed by suspects than by vehicles. Read the New York Times story about the rise in police shootings HERE.

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Chicago Police Officers Arthur Davis and Pablo Mariano have decided to turn the tables on Ronald Magee, who had wrongly accused the Officers of falsely arresting him. Officers Davis and Mariano have filed their own lawsuit against Magee and his girlfriend, Christina Atterberry, alleging malicious prosecution, defamation/libel/slander, and conspiracy.

This story began when Chicago police officers searched a single-family residence at 6927 S. Aberdeen Street pursuant to a search warrant based on information provided by a confidential informant who had observed Magee with firearms at that location. Christina Atterberry was present during the search. During the search, police officers recovered suspect cannabis, a defaced handgun, ammunition, as well as Magee's state identification card. Magee was subsequently arrested and charged with unlawful use of a weapon, possession of a firearm with a defaced serial number, and possession with intent to deliver cannabis.

The charges against Magee were later dismissed and, thereafter, Magee filed a federal lawsuit against several Chicago police officers, including Davis and Mariano, alleging that they violated Magee's civil rights by arresting and charging him. At the March 2011 trial, Magee testified that he did not know Atterberry and that he had never been at the address where the officers executed the search warrant. Atterberry, likewise, tested that she did not know Magee. The federal trial resulted in a mistrial and subsequently the City of Chicago and its attorneys discovered that Magee and Atterberry had a long-standing, close personal friendship. When confronted with this evidence, Magee voluntarily dismissed his federal lawsuit against the police officers, including officers Davis and Mariano.

Yesterday, officers Davis and Mariano fought back against Magee's false accusations by filing their own malicious prosecution lawsuit against Magee and Atterberry. The officers have also sued for defamation/libel/slander. Police Officers Davis and Mariano are represented by attorneys Andrew Hale, Avi Kamionski and Ann Wall from the law firm of Andrew M. Hale & Associates. The Chicago Tribune ran an article about the police officers' lawsuit - you can read the article HERE.

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 Wanted to pass along another great story about police officers risking their lives to save others. On March 4th, Illinois State Police Sergeant Henry Spight and Illinois State Trooper Jacqueline Del Villar arrived at the scene of a burning vehicle. Trooper Del Villar immediately rushed to the burning vehicle and attempted to pull the driver out. Sergeant Spight was able to douse the flames with a fire extinguisher and then both officers were able to rescue the driver before the vehicle became fully engulfed in flames. Both Sergeant Spight and Trooper Del Villar sustained burns and cuts to their hands and smoke inhalation. They were treated and released at an area hospital. The rescued driver was 34 year old Tamara Jackson of Chicago. Nice job officers! Read the full story HERE.

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 Woodbridge New Jersey police officer Edward Barrett, Jr. is being hailed as a hero after a shooting that took place at the Woodbridge Center Mall. Police tried to detain Andres Garcia for shoplifting. Garcia had been recently released from prison and was on parole. After running from police, Garcia pulled out a knife and grabbed a woman and held the knife to her neck as he dragged her into a Sears store. Garcia threatened to kill the woman during a standoff. After repeatedly telling Garcia to drop the knife, and after Garcia refused to do so, Officer Barrett fired a single shot that struck Garcia in the head, killing him. The woman was unharmed. Read the story HERE.

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 We have to remember the and honor our police officer heroes. One of those heroes was New York police officer Moira Smith, who died in the World Trade Center's South Tower on 9/11 after saving hundreds of people in a stairwell. The then 38 year old 13th Precinct veteran was honored by having a playground in Manhattan named in her honor. Read more about he story HERE. Smith was the only woman among 23 NYPD officers killed during the 9/11 terrorist attacks.

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 After a very brief deliberation, a federal jury rejected plaintiff Antoine McMillan's excessive force claim. After being convicted of robbery in 2009, McMillan sued Chicago Police Detective Kevin Stoll, one of the arresting officers, alleging that Stoll dislocated McMillan's wrist during handcuffing. McMillan relied on the testimony from several of his family members, an orthopedic surgeon, and an x-ray. The defense team, comprised of attorneys Shneur Nathan, Jonathan Boulahanis and Joan Ahn, from Andrew M. Hale & Associates, showed that it was medically impossible for McMillan's wrist (lunate) dislocation to have occurred in the manner that McMillan claimed. McMillan's medical records also revealed that he failed to disclose a preexisting wrist injury he apparently suffered in 2003. 

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 A very very sad story - and a very real reminder of the dangers that police officers face every minute of every day. Chicago police officer Clifton Lewis was gunned down while working a second job as a security officer to help pay for his upcoming wedding. Our thoughts and prayers go out to Mr. Lewis' family and fiancé. Read the story HERE.

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 A federal jury has ruled that a Chicago Police Officer was justified in shooting and killing Michael Dunbar when Dunbar drove his car while dragging the Officer, whose arm was trapped in the car window. Dunbar and a female passenger were in a car when approached by the Officer. Dunbar, who had a .12 blood alcohol level, drove the car onto the sidewalk hitting the Officer. The Officer ordered Dunbar to stop and reached into the car to try and take the keys but Dunbar grabbed the Officer's arm and then put the car in reverse and then forward, driving away with the Officer's arm hooked in the car window. With the car accelerating, the Officer shot Dunbar, killing him. The Officer suffered injuries, including a concussion, which required hospitalization. You can read more about the underlying incident HERE. At the civil trial, Dunbar's family claimed the Officer was not justified in shooting Dunbar and asked the jury to award the family $4,000,000. The jury rejected the plaintiff's claims and found in favor of the Chicago Police, who were represented by attorneys Josh Enquist and Jordan Marsh from the City of Chicago Corporation Counsel's office. Dunbar's family was represented by attorney Russell Ainsworth from the firm of Loevy & Loevy.

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