December 13, 2011

Jenner & Block achieved a significant victory in the case of People v. Juan Rivera, a high-profile and long-running indigent criminal defense matter in Lake County, Illinois.  In an opinion released on December 9, 2011, a unanimous three-judge panel of the Illinois Appellate Court for the Second District reversed, outright, the first-degree murder conviction of the Firm’s client Juan Rivera, holding that “the State’s evidence was insufficient to establish guilt beyond a reasonable doubt.”  Mr. Rivera was released from prison on Friday, January 6, 2012.

Twice convicted of the same crime – the sexual assault and murder of an 11-year-old in 1992 – Mr. Rivera’s first conviction was overturned in light of questions surrounding trial procedure and evidence and his second conviction was vacated when new DNA testing obtained through the efforts of the Center on Wrongful Convictions at Northwestern University Law School revealed he was not the source of sperm found in the victim.

Jenner & Block joined Mr. Rivera’s defense team for a third trial in 2009, addressing issues raised in the prior convictions.  At trial, the State, as it had in the first two trials, relied heavily upon the statements signed by Mr. Rivera after extensive interrogation.  The State attempted to explain away the DNA evidence by arguing that the rape kit may have been contaminated or that the 11-year-old victim may have had sexual relations with someone else before she was murdered.  Despite the lack of any physical evidence linking him to the crime scene, and strong defense evidence that the statements our client signed after the unrecorded interrogations were false, inaccurate and obtained after a psychotic breakdown, the jury found Mr. Rivera guilty and he was sentenced to life without parole.  Addressing the jury’s verdict, the appellate court opinion stated, “After viewing the evidence in the light most favorable to the prosecution, we hold that no rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”

The Firm’s team, led by Partners Terri L. Mascherin, Thomas P. Sullivan and Andrew W. Vail, with assistance from Associate Daniel T. Fenske, Senior Paralegal Shawn K. McGee, former associate Sarah F. Terman, and several others, devoted more than 12,000 pro bono hours to Mr. Rivera’s trial and appeal, in partnership with Northwestern University’s Center on Wrongful Convictions and former Northwestern law professor Larry Marshall.

The appellate court ruling received widespread media attention, including in The New York Times, the Chicago Tribune and Sun-Times, the Daily Herald, the AmLaw Daily, the Chicago Daily Law Bulletin, ThomsonReuters News & Insight, Fox Chicago News, WBBM Newsradio 780, WBEZ Radio and ABC7 Chicago, NBC5 Chicago, and CBS2 Chicago, with Jenner & Block mentioned, Ms. Mascherin quoted in several of the reports, and Messrs. Sullivan and Vail quoted in the Chicago Daily Law Bulletin article.