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

 The law firm of Andrew M. Hale & Associates continues to rack up the trial wins, with the latest coming today when a federal court jury deliberated for little over an hour before finding in favor of three Chicago police officers accused of beating plaintiff Ricky Stevenson in the lock-up after he was arrested for burglary. The officers were represented by attorneys Shneur Nathan, Jonathan Boulahanis and Joan Ahn, who were able to show that two of the three officers were not even present in the police station at the time of the alleged beating. Our attorneys were also able to show, via plaintiff's mugshot and the testimony of the ER doctor, that plaintiff Stevenson did not suffer any injuries, let alone the significant injuries that he claimed. In addition to seeking compensatory damages, plaintiff had asked the jury to impose $30,000 in punitive damages against each of the officers. The jury rejected all of plaintiff's claims. Plaintiff was represented by attorney David Clark. The case was heard before Magistrate Judge Susan E. Cox. This is the eighth police trial victory this year for the trial attorneys at Andrew M. Hale & Associates. 

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After a week long trial, a federal jury rejected Oscar Walden's claim that the police coerced his confession to rape back in 1952. Walden was arrested in January 1952 when an employee at a drug store called the police and said that he looked like the person depicted in a police sketch who was wanted for rape. Once brought to the police station, Walden was identified by the rape victim as being the man who attacked her. The next day, Walden gave a confession to police officers. Walden was convicted at his criminal trial and spent 14 years in prison before being released on parole in 1965. In 1978, then Governor James Thompson gave Walden a general pardon. Thereafter, Walden sought an "innocence" pardon on several occasions but was denied each time. However, in 2002, Governor George Ryan gave Walden an "innocence" pardon, despite the fact there was no new evidence of innocence. At the time, the rape victim and all the police officers and states attorneys involved in the 1952 criminal trial were deceased. That innocence pardon allowed Walden to file a civil lawsuit against the City of Chicago wherein Walden claimed that his confession was coerced by physical and mental mistreatment at the hands of Chicago police officers. Walden testified at his civil trial, as did his former attorney George Leighton and an expert witness named Joseph Lipari who opined that the City of Chicago had a policy and practice of coercing confessions from criminal suspects in 1952. Since the police officers, state's attorneys and rape victim were all deceased, but had been subjected to cross-examination at Walden's criminal trial, the defense used actors and presented their criminal trial testimony to the civil jury. After deliberating less than one day, the jury rejected Walden's claims and found in favor of the City of Chicago. The jury specifically found that the police officers had not coerced Walden's confession. Walden's attorneys had asked the jury to award him $15 million. The City of Chicago was represented by attorneys Andrew M. Hale and Avi Kamionski from the law firm of Andrew M. Hale & Associates. Walden was represented by Flint Taylor and John Stainthorp from the Peoples Law Office.

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 After three years of litigation, on February 4, 2011, a federal jury confirmed that three Chicago tactical officers from the 10th District properly arrested Jeremy Venson for selling rock cocaine on the corner of 13th Street and Keeler. The case began on November 2, 2007, when Officers Lazaro Altamirano, Christopher Jania, and John O'Keefe arrested Mr. Venson after they heard him yelling "rocks, rocks" to passing vehicle traffic. Mr. Venson was found to be in possession of cocaine. Judge James Brown emboldened Mr. Venson when he made a finding of no probable cause at the preliminary hearing and the charges were dismissed. According to Assistant State's Attorney Eric Bashirian, the prosecutor assigned to Judge Brown's courtroom for the preliminary hearing, drug charges that involve only 0.1 or 0.2 grams are routinely dismissed in the Cook County Criminal Courts because it's impractical to bring every one of these cases to trial. The way these charges are dismissed, Mr. Bashirian says, is through a judicial finding of no probable cause. Even though Mr. Bashirian's testimony and Mr. Venson's extensive criminal background was excluded at trial, the jury read through it all and made its own finding: the defendant Officers clearly had probable cause to arrest Mr. Venson. The presiding judge was the Honorable Ruben Castillo of the Northern District of Illinois. Attorneys Irene Dymkar and James Bowers represented plaintiff Venson. Attorneys Shneur Nathan and Helena Wright of Andrew M. Hale & Associates represented the defendant Officers.

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 Thaddeus "TJ" Jimenez, who was released from prison last year after serving 16 years for a murder conviction, has been arrested again. According to Rummana Hussain at the Chicago Sun-Times, police officers armed with a search warrant found 13 grams of suspected LSD, along with 3 loaded weapons - a 12 gauge Charles Daly shotgun, a Rock Island Armory 45 caliber semiautomatic, and a Glock 40 caliber semiautomatic - inside Jimenez's home.  Apparently, the police also recovered 6 stolen GPS devices, six boxes of ammunition, two digital scales, and numerous plastic baggies. Jimenez was convicted in 1994 of murdering 19 year old Eric Morro. Jimenez was only 13 years old at the time. Jimenez received a new trial and was found guilty again in 1997. In 2006, lawyers from the Northwestern University Center on Wrongful Convictions undertook his case and convinced the Cook County State's Attorney's Office to re-investigate the case after they claimed one of the eyewitnesses in the case was recanting his testimony. Jimenez wound up being released from prison last summer. He has since filed a civil lawsuit against numerous Chicago police officers claiming they violated his right to a fair trial. The police officers are being represented by the law firm of Andrew M. Hale & Associates.

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We decided to launch our very own YouTube channel. 

Visit DontBlameTheCops YouTube Channel to see the latest media coverage on the Jerry Miller decision.  

Here is the ABC Channel 7 News coverage: 

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Barry Scheck and Jerry Miller speak at the Gel 2009 conference about Miller's wrongful conviction case.  Barry Scheck of Neufeld, Scheck & Brustin, represent Jerry Miller in his lawsuit.  

This speaking engagement came just days before United States District Court Judge Suzzane Conlon ruled in favor of the police officers in the lawsuit.  As previously report, Judge Conlon found that the officers had probable cause to arrest Miller.  The court further found that the lineup - where Miller was identified - was fair. 

Although Miller was exonerated on DNA evidence, the police did their jobs and did not commit any misconduct.  

 

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 Three retired Chicago police officers who were sued for allegedly framing plaintiff Jerry Miller received a total victory when District Court Judge Suzanne B. Conlon granted their motion for summary judgment in its entirely. Miller was convicted in 1982 of a brutal rape in the Gold Coast area of 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, who was already incarcerated for other sexual assaults. Miller subsequently brought a civil lawsuit against several retired Chicago police officers alleging that they framed him for the rape by conducting a suggestive lineup and photo array and by failing to disclose material evidence. In a 26-page opinion, Judge Conlon rejected all of Miller's claims and held that the Officers were entitled to summary judgment. Judge Conlon stated "The police officers are entitled to summary judgment on Count I for [Section] 1983 denial of a fair trial because Miller presents no genuine issue of material fact that the lineup and photo array were unduly suggestive or tainted his trial. He presents no genuine issue of material fact that evidence about the photo array was suppressed or material. And he presents no evidence of a conspiracy. The police officers are entitled to summary judgment on Miller's substantive due process claim because it is not legally viable, and Miller presents no genuine issue of material fact that the police officers fabricated evidence. Summary judgment is granted to the police officers on Count V for malicious prosecution because the undisputed facts demonstrate probable cause to arrest and prosecute Miller. Summary judgment is granted to the police officers on Count VI for IIED because Miller presents no genuine issue of material fact that the police officers fabricated evidence." The court's ruling confirmed what the defense attorneys had been stating all along - that this was an unfortunate case of eyewitness misidentification - not police misconduct. The police officers were represented by Andrew Hale, Avi Kamionski, Ebone Liggins, and Christina Liu from the firm of Andrew M. Hale & Associates, LLC. Plaintiff Jerry Miller was represented by John Stainthorp from the Peoples  Law Office and Nick Brustin, Peter Neufeld, and Barry Scheck from the Innocence Project.

Here is the opinion

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Jerry Miller has filed a federal court civil rights lawsuit against the City of Chicago and several retired Chicago Police Officers. Miller was arrested in 1981 and charged with raping a woman at a parking garage at 506 N. Rush Street in Chicago. Two parking lot attendants identified Miller from a police lineup as the person attempting to drive the rape victim's car out of the parking structure while the victim was locked in the trunk. Miller was convicted at his criminal trial and spent 26 years in prison. In July 2006 the Cook County State's Attorney's Office agreed to post-conviction DNA testing that showed that Miller was not the contributor of a DNA profile found on the victim's clothing. Miller has now filed suit against the City of Chicago and several now-retired Chicago Police Officers. Miller alleges, among other things, that the Officers told the two parking lot attendants to pick Miller out of a police lineup. The factual basis for this allegation is unknown at this time and the two parking lot attendants are deceased. The case has been assigned to District Court Judge Suzanne Conlon. Miller is represented by John Stainthorp at the Peoples Law Office. The Police Officer Defendants are represented by Andrew M. Hale and Avi Kamionski from Andrew M. Hale & Associates.

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