Case Dismissed! Innocent Man Returned to His Family

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Client's Family
"After finding Deirdre through posting a question on this website, she contacted me immediately although it was very late. She began work right away on a case that needed immediate attention. She saved an innocent man from spending many years behind bars, due to inadequate public defense. Deirdre was completely invested in helping us through this stressful situation. She is very professional and thorough, I would highly recommend Deirdre for anyone seeking legal counsel."

The Case
A young man was falsely accused of shooting at an occupied car.  Unable to post bail, he sat in jail facing five serious felony charges assuming that his revolving assignments of court-appointed lawyers were working the case.  Months later he learned that each of the four lawyers representing him at various points along the way failed to investigate his alibi in a timely manner.  As a result, a video-tape proving his alibi was now forever lost. 

Three months later, Deirdre took the case for a modest fee.  Through her diligent investigation she was able to find an independent witness who verified that her client was depicted on the now-lost video.  She also developed evidence that established the probability that the known alternative suspect was the shooter.  Deirdre discovered proof that the cops knew who the actual shooter was within a day of the shooting but refused to investigate him.  In fact, the notes from the initial police interviews supported the conclusion that even the "complaining witness" named the alternative suspect as the shooter.  When defense requested that the police disclose information relating to the alternative suspect, the police lied and said that they were never told of an alternative suspect.  Deirdre was able to locate a credible witness and paper trail confirming the cop's knowledge.  She even subpoenaed the cop's phone records which confirmed his knowledge and his failure to investigate.

The DA's Response to the Innocence Defense in Light of an Incredible Eyewitness? 

When it became clear to the DA that the accused would not accept the 13 year offer for a crime he did not commit, the DA upped the ante and amended the information to include 2 counts of Attempted Murder!  Now the client was facing 7 serious felony charges and could receive a  life sentence, if convicted! 

Justice (the better late than never variety) Arrived

On the day of trial, the case was dismissed and the client was released after spending 8 months in jail for crimes he did not commit.  

Troy Davis

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It's not over yet. but there have been victories along the way worth mentioning.  Little by little, the courts are slowly coming to terms with what our young children already understand:  Innocence Matters. 

June 23, 2010: Jess and Deirdre attended Troy Davis' evidentiary hearing in Savannah, Georgia.  We are eagerly awaiting the decision.

March 17, 2008,  Georgia Supreme Court: "This Court's approach in extraordinary motions for new trials based on new evidence is overly rigid and fails to allow an adequate inquiry into the fundamental question, which is whether or not an innocen person might have been convicted or even, as in this case, might be put to death."  Davis v. State (2008) 283  GA 438 (Sears, C.J., dissenting).

April 16, 2009: “To execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional." In Re Davis, 565 F.3d 810 (Barkett, J., dissenting).

August 17, 2009, US Supreme Court: "The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing." In Re Davis, 2009 U.S. LEXIS 5037 (U.S. Aug. 17, 2009)(Stevens, J., with whom Justice Ginsburg and Justice Breyer join, concurring). 

INNOCENCE MATTERS
P.O. Box 4099
Redondo Beach, California 90278
(310) 780-4522
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