Jenner & Block

Patrick Pursley Acquitted after 25 Years Based on Precedent-Setting New Ballistics Evidence

A Jenner & Block team secured a significant victory on behalf of pro bono client Patrick Pursley.  On January 16, 2019, Mr. Pursley was found not guilty of the 1993 first-degree murder of Andy Ascher in a retrial before Illinois Circuit Judge Joseph McGraw. 

Mr. Pursley was originally convicted in a 1994 jury trial in which the state relied heavily on the testimony of a state ballistics examiner that a firearm attributed to Mr. Pursley fired the bullets and cartridge cases found at the crime scene.  Although Mr. Pursley maintained his innocence and sought post-conviction ballistics testing, Illinois law did not provide for this type of testing at the time, and his request was denied.  However, Mr. Pursley persisted.  While in prison, Mr. Pursley wrote an article stating that the law should keep up with technology and allow for ballistics testing in post-conviction settings just as it did at the time with DNA.   After lobbying efforts on Pursley’s behalf, the Illinois legislature amended the law in 2007 to provide for post-conviction ballistics testing. 

In October 2008, at the request of Northwestern’s Center on Wrongful Convictions, the firm agreed to assist Mr. Pursley in his effort to get the state of Illinois to retest the ballistics evidence.   On January 26, 2011, the Illinois Appellate Court, reversing a decision by the lower court,  granted his request, making People v. Pursley the first case in the country to allow a prisoner new ballistics testing under a Post-Conviction Testing Act.

The firm then submitted the ballistics evidence to two preeminent and independent ballistics specialists who examined the evidence using new technology and concluded that Mr. Pursley’s firearm did not fire either of the bullets or either of the cartridge cases found at the crime scene.   In December 2016, Judge McGraw of the Winnebago (IL) County Circuit Court held a three-day evidentiary hearing on this evidence, and on March 3, 2017 he vacated Pursley’s conviction and awarded him a new trial.   At that time, Mr. Pursley was released on bond after spending more than 23 years in prison.

The state then appealed Judge McGraw’s decision, to no avail.

On January 10, Mr. Pursley’s retrial began in Winnebago County, with closing arguments heard on January 15.  On January 16, Judge McGraw announced his decision to acquit Mr. Pursley, stating that the “evidence in 1993 was scant by today’s standards, and when you start with scant evidence you’re not in a good position to reevaluate it years later.”  He further commented that the defense’s ballistics experts demonstrated conclusively that the cartridge cases were not fired from the gun attributed to Mr. Pursley.

For more than a decade, a diverse team of lawyers has been dedicated to overturning this wrongful conviction.   Partners Robert R. Stauffer and Andrew W. Vail and Associates Kevin J. Murphy and Monika N. Kothari led significant aspects of the case. .  Associate Sara Kim and paralegals Eric Herling and Nick Perrone provided invaluable assistance before and during trial.   Firmwide, more than 60 professionals – from lawyers to paralegals to library services – contributed 9,478 hours to this case over more than a decade. 

The case generated significant media attention throughout the years.  Various news outlets such as NBC and the Associated Press have reported on the retrial and various pre-trial proceedings.  In the past, both The National Law Journal and Law360 pointed to the case when awarding the firm with pro bono recognition.

TAGS: Litigation, Pro Bono

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

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