Jenner & Block

The Heart of the Matter Blog

Jenner & Block is proud of its 2019 pro bono results:

 

 

February 27, 2020 Patrick Pursley, Wrongly Accused and Convicted, Reflects on His Acquittal after Spending 25 Years in Prison

On January 16, 2019, an Illinois judge acquitted pro bono client Patrick Pursley of first-degree murder.

In this video, Mr. Pursley and his Jenner & Block lawyers reflect on the decades-long fight to prove his innocence.

Read more about the case in The Heart of the Matter .

CATEGORIES: criminal defense, Litigation, Pro Bono

PEOPLE: Andrew W. Vail, Robert R. Stauffer, Kevin J. Murphy, Monika N. Kothari, Sara Kim

January 9, 2020 Firm Secures Below-Guidelines Sentence for Client

Through the firm’s work serving on the Criminal Justice Act panel in the United States District Court for the Southern District of New York, a team of associates secured a favorable and unexpected outcome in a pro bono matter. 

The case involved a 23-year-old client who had a significant prior criminal record and who was subsequently charged with selling relatively large quantities of drugs on 12 occasions to an undercover officer. 

Associate Tali Leinwand led the case, with assistance from Associate Logan J. Gowdey and supervision from Partners Anthony S. Barkow and Katya Jestin

The team negotiated a plea agreement with the government shortly after the client's arrest that reduced the mandatory minimum sentence from 120 months to 60 months.  Despite the government's recommendation for an incarceration term of at least 100 months, and a Sentencing Guidelines range of up to 150 months' incarceration, the client was ultimately sentenced to a below-Guidelines term of 72 months in prison. 

During the sentencing proceeding in December 2019, Chief Judge Colleen McMahon praised Ms. Leinwand's "very eloquent" oral argument and her and Mr. Gowdey's "excellent brief," telling the client how fortunate he was to have received such "excellent lawyering" and specifically citing favorable policy arguments that were set forth in the brief.  The client was very appreciative as well. 

Over the course of the representation, the team was also assisted by Associate Matt Phillips, summer associate Idun Klakegg, and paralegals Ricia Augusty and Charlotte Stretch.
 

CATEGORIES: criminal defense, Litigation

PEOPLE: Katya Jestin, Anthony S. Barkow, Matthew J. Phillips, Tali R. Leinwand, Logan J. Gowdey

August 21, 2018 Court Reverses Murder Conviction for Pro Bono Client

A team of Jenner & Block lawyers obtained the appellate reversal of a Kane County murder conviction based on what the Illinois Appellate Court said was inadmissible expert testimony from a well-known former FBI profiler and television commentator.  The firm represented Shadwick King pro bono in the appeal of his murder conviction in the death of his wife, Kate. 

On August 21, 2018, the Illinois Appellate Court ruled that the State should not have been allowed to use the expert testimony of Mark Safarik, who has appeared on numerous television shows, including Forensic Files, to establish that Kate King had been killed in the first place – a key disputed issue at Mr. King’s 2015 trial. 

Kate King was found dead on a set of railroad tracks near the couple’s Geneva, Illinois, home in July 2014.  Investigators suspected Mr. King of being involved in her death, and the evidence against him at his March 2015 trial was heavily circumstantial.  The forensic pathologist for the defense testified that Mrs. King likely had died of heart failure.  The State’s medical examiner, after at first leaving the autopsy report blank for “manner of death” and telling the lead detective at the autopsy that Mrs. King’s cause of death would be listed as undetermined, testified at trial that she was manually strangled. 

The Appellate Court ruled that the State “broke the tie” with the profiler, Mr. Safarik, who was not qualified to give medical testimony yet testified that her cause of death was manual strangulation.  The court also held that the trial court erred in allowing Mr. Safarik to testify to his opinion that the crime scene was “staged” by someone who wanted to distance himself from the crime scene and Mrs. King to throw off law enforcement.  Mr. Safarik’s “staging” testimony, the court ruled, strayed into impermissible “profiling” testimony that “indirectly, but pointedly” identified Mr. King as the killer, “because, under the circumstances, no one else fit that profile.”  The Appellate Court remanded the case to the Kane County Circuit Court for retrial.  Prosecutors appealed the decision to the Illinois Supreme Court, which in January 2020 affirmed the Appellate Court’s remand for a new trial based on the inadmissibility of Mr. Safarik’s testimony.

The team was led by former partner Gabriel A. Fuentes, and with him were Partner Clifford W. Berlow and former associate Philip Kovoor.

CATEGORIES: criminal defense, Illinois, Litigation

PEOPLE: Clifford W. Berlow

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