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

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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Andrew Hale & Associates has released the following press release which has been picked up by the Chicago Tribune , ABC7 News Chicago , WBBM780 , and the Newswire

Chicago, IL - August 17, 2009 -- A federal district court judge has ruled in favor of three retired Chicago police officers who were sued by Jerry Miller in a federal civil rights lawsuit. Miller was convicted in 1982 of raping a woman at a parking garage in the Gold Coast section of Chicago.

Miller was identified by two employees who worked at the parking garage and stopped a man - later identified as Miller - as he was attempting to drive his rape victim's car out of the parking garage, with the victim locked in the trunk.

After spending 26 years in prison, Miller was released after DNA testing from the crime scene proved that Miller was not the rapist. Shortly thereafter, Miller filed a civil lawsuit, alleging that several now retired Chicago police officers had framed him for the crime by conducting a suggestive lineup and failing to disclose material exculpatory evidence.

Judge Suzanne B. Conlon rejected all of Miller's claims against the officers and granted their motion for summary judgment in its entirety finding as a matter of law that the officers did not engage in any misconduct.

The retired police officers were represented by attorneys Andrew Hale, Avi Kamionski, Ebone Liggins, and Christina Liu from the law firm of Andrew M. Hale & Associates, LLC.

About Andrew M. Hale & Associates

Andrew M. Hale & Associates specializes in the defense of civil rights lawsuits brought against municipalities and police officers. The firm's principal attorneys are Andrew M. Hale and Avi T. Kamionski. The firm maintains a blog dedicated to the defense of police officers in wrongful conviction cases: www.wrongfulconvictionlawsuitdefense.com or www.dontblamethecops.com.

For more information contact: Andrew M. Hale, 312-341-9646, ahale@ahalelaw.com, www.ahalelaw.com

*Source Andrew M. Hale & Associates - Federal Court Case no. 08 C 773

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 As recently reported, the district court granted summary judgment in favor of three retired Chicago police officers who were sued by plaintiff Jerry Miller in a civil rights lawsuit in the Northern District of Illinois. One of Miller's claims was that the police officers conducted an unduly suggestive lineup. The court rejected that argument, stating: "A lineup does not require five persons with identical measurements and countenances. United States v. Funches, 84 F.3d 249, 253 (7th Cir. 1996). It is undisputed that Miller and the other participants in the lineup were males, black, between 5'6" and 6', between 150 and 170 pounds, and between 23 and 31 years old. Miller was the same height as a filler, one inch taller than a filler, and four to five inches shorter than two fillers. He weighed the same as two fillers, was five pounds lighter than a filler, and was 20 pounds lighter than a filler. The parity level establishes the lineup was not unduly suggestive."  (For more information on this case, see the prior blog post).

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On Tuesday, October 17, 2006, a jury awarded Waukegan resident Alejandro Dominguez $9 million in damages in his civil rights lawsuit. Dominguez had sued the city of Waukegan and former Waukegan Police Lieutenant Paul Hendley.  Dominguez, now 33 years old, was convicted of rape in 1990 when he was 16 years old. He spent four years in prison. Dominguez later conducted DNA testing which showed that his DNA did not match DNA from the crime scene. In 2002, Illinois Governor Rod Blagojevich granted Dominguez an innocence pardon. Dominguez claimed that Hendley caused the rape victim to falsely identify Dominguez. Toward the end of the two-week trial, the court granted Waukegan's motion for a directed finding and the case proceeded solely against Hendley. The case was tried in the Northern District of Illinois before the Honorable Milton I. Shadur. Dominguez was represented by Jon Loevy from Loevy & Loevy. The defendants were represented by Waukegan attorney Mike Noonan.

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