Article

Fourth Circuit Cites Amicus Brief Filed by ECBAWM

In an opinion issued today, the United States Court of Appeals for the Fourth Circuit quoted and relied on an amicus brief filed by ECBAWM on behalf of law professors Aziz Huq and Erwin Chemerinsky. The case involves claims brought by a former federal public defender in North Carolina who alleges she was sexually assaulted by members of the public defender’s office. The amicus brief ECBAWM filed argued that the District Court misapplied the doctrine of sovereign immunity.

ECBAWM partners Ilann Maazel and Sam Shapiro authored the brief, which can be found here.

The Fourth Circuit opinion can be read in its entirety here.

Article

CNN Investigates Wrongful Conviction of Anthony Sims

The wrongful conviction of Anthony Sims for the 1998 murder of Li Run Chen is the subject of a recent investigation by CNN reporter Jeff Winter. Anthony has served 23 years in prison despite undisputed evidence that points to a different perpetrator altogether, and despite decades of wrongdoing by law enforcement officials in withholding substantial Brady material and evidence of Anthony’s innocence.

CNN’s detailed report presents the timeline of the crime, the initial investigation, trial, and current legal hearings on Anthony’s motion to vacate his conviction and dismiss all charges against him. It also recounts testimony from a new witness whose testimony directly implicates another individual and exonerates Anthony.

As previously established, Mr. Chen was killed by a single shotgun blast while working at a Chinese restaurant in Brooklyn. Anthony has maintained throughout his arrest and incarceration that the murder was committed by his former friend Julius Graves – who was, conveniently, the single eyewitness to testify at trial that Anthony fired the fatal shot. In the current hearing on Anthony’s motion, however, Graves’ neighbor Rachel testified that the murder was committed by Graves because he was mad that Mr. Chen had touched Graves’ wife’s hand earlier that day. Rachel also testified that she saw Graves running out of the restaurant after she heard a shot, and that she called the police to tell them that Graves was the killer.

“On the basis of (Rachel’s) testimony alone, it’s plain that Anthony Sims did not receive a fair trial and his conviction should be vacated,” said Ilann M. Maazel, one of Anthony’s attorneys. “The jury never heard any of this evidence.”

ECBAWM attorneys Ilann M. Maazel, Sam Shapiro, and Nairuby L. Beckles, along with attorneys Thomas Hoffman and Jonathan Hiles, represent Anthony Sims. More information about the case is available on the Free Anthony Sims website.

Article

ECBAWM Achieves $1.5M Settlement for Developmentally Disabled Individual Abused in New York State-Run Group Home

ECBAWM has obtained a $1.5 million settlement from the State of New York on behalf of M.F., a developmentally disabled resident of a New York State-run group home who experienced serial abuse by caretakers.

As set forth in the lawsuit, for years, M.F. was subjected to constant abuse by staff members while in residence at the Union Avenue IRA in the Bronx, run by New York State’s Office for People with Developmental Disabilities (OPWDD). Union Avenue staff testified that M.F. was constantly covered in bruises throughout their stay, and staff also witnessed colleagues subjecting M.F. to physical abuse, inhumane confinement, and forced feedings. In spite of the heinous abuse they witnessed, not one staff member or supervisor reported the abuse to law enforcement, the state’s abuse hotline, or M.F.’s family.

The lawsuit also revealed that the State failed M.F. by turning a blind eye to reports showing systemic abuse at Union Avenue and failing to train staff and supervisors on incident reporting.

The New York Times previously reported on this case and the conditions at Union Avenue in Episode 27 (“The Promise”) of The Weekly.

M.F. is represented by Ilann Maazel and Max Selver.

Press
“NY To Pay $1.5M To End Group Home Resident Abuse Suit,” Law.com

Article

ECBAWM Obtains $8 Million Settlement for Wrongful Conviction Under Queens DA Richard Brown

ECBAWM, together with co-counsel Thomas Hoffman and Joel Rudin, has reached a settlement of $8 million with the City of New York on behalf of Kareem Bellamy, a man who was wrongfully convicted in 1995 and served more than 14 years in prison for a crime he did not commit.

Kareem Bellamy was an innocent man charged by the Queens District Attorney’s Office for a 1994 murder in Far Rockaway, NY. During the criminal investigation, the prosecution and/or police came into possession of exonerating evidence that they did not disclose to Mr. Bellamy and fabricated evidence to implicate Mr. Bellamy. The prosecution also engaged in misconduct during Mr. Bellamy’s trial by making inflammatory comments while speaking to the jury. These civil rights violations were part of a pattern of the Queens District Attorney’s Office under District Attorney Richard Brown that has recently come to light and has formed the basis for multiple wrongful conviction claims against the City of New York.

After the New York state court released Mr. Bellamy based on new evidence showing his innocence, Mr. Bellamy sued the City of New York for the constitutional violations that led to his wrongful imprisonment. During this lawsuit, ECBAWM and co-counsel uncovered a document from Richard Brown to top aide Jack Ryan stating, “Jack, I think we’ve been getting away with this sort of thing for a long time.”

Mr. Bellamy was represented by Earl Ward, Ilann M. Maazel, and Marissa Benavides, as well as co-counsel Thomas Hoffman and Joel Rudin.

Article

ECBAWM Challenges Dismissal of 118 Plaintiffs’ Sex Abuse Claims Against The Ohio State University in the Sixth Circuit, Five Amicus Briefs Filed in Support of Plaintiffs

On February 2, ECBAWM filed opening briefs in the Sixth Circuit Court of Appeals challenging the District Court’s decision to dismiss cases Snyder-Hill v. OSU and Moxley v. OSU as untimely. The two cases, in which ECBAWM represents 118 plaintiff-survivors, bring Title IX claims on behalf of men who survived sexual abuse by OSU physician Richard Strauss from the 1970s to the 1990s and did not know of OSU’s role in facilitating that abuse until a whistleblower came forward in 2018. The briefs argue that the trial court erred in dismissing the claims of these survivors on the basis that they should have brought their claims when the abuse happened, because no plaintiff knew OSU enabled Dr. Strauss’ predation and most did not know that Dr. Strauss’s medical exams were actually sexual abuse.

On February 9, five organizations and scholars filed amicus briefs, or “friend of the court” briefs, in support of the appeals. The organizations and scholars include the National Crime Victim Law Institute, Child USA, Ohio Alliance to End Sexual Violence, the Rape, Abuse, and Incest National Network (RAINN), the National Women’s Law Center (NWLC), Women’s Sports Foundation, civil procedure law professors, psychology and psychiatry professors, and the National Center for Victims of Crime (NCVC). A link to and a short summary of each brief is below:

RAINN, et al:  This brief explains how schools often place their own interests ahead of student-survivors, how they may protect their interests by misleading student-survivors and not providing evidence, and how the District Court erred by not recognizing these obstacles to a sexual abuse survivor’s ability to obtain evidence of a school’s role in enabling abuse.

Psychology Professors: This brief explains some of the reasons why people do not recognize sexual abuse as such at the time it happens, and that people can still suffer serious short-term and long-term harm even when they don’t recognize what they suffered was sexual abuse.

NCVC:  This brief explains the challenges that medical patients face in recognizing sexual abuse in the physician-patient context and described numerous examples of doctors misusing the trust patients place in them to abuse patients.

NWLC, Women’s Sports Foundation, et al:  This brief explains the challenges that student-athletes face in recognizing acts of sexual abuse in the context of college athletics.

Civil Procedure Professors:  This brief explains the history of Title IX and the proper use of the federal discovery rule to analyze when plaintiffs should have discovered their claim.

The Snyder-Hill and Moxley plaintiffs are represented by ECBAWM’s Ilann M. MaazelDebra Greenberger, and Marissa Benavides, along with Scott Elliot Smith LPA and Public Justice.

 

Article

NYLJ Publishes Criminal Justice System Article by ECBAWM Partner Ilann M. Maazel

In “Criminal Injustice in New York State,” his most recent column for the New York Law Journal, ECBAWM partner Ilann M. Maazel provides insights into the New York state criminal justice system based on his work over the past seven years with clients seeking post-conviction relief. “From the perspective of this civil rights lawyer, the picture is not pretty,” writes Maazel. He explains that factors like minimal accountability for prosecutors, the erosion of the reasonable doubt standard, and sweeping grand jury immunity, among others, contribute to “serious, systemic problems that require systemic reform.”

Article

ECBAWM’s Fight to Challenge Client’s Conviction Featured in the New York Times

As detailed in the New York Times article “A Murder, Gold Bars, a Jailbreak and Questions About Justice,” ECBAWM represents Brian Scott Lorenz, who was convicted and incarcerated for a crime he did not commit. Along with co-defendant James Pugh, Mr. Lorenz was given a life sentence for the 1993 murder of Deborah Meindl, a nursing student and young mother from Tonawanda, New York.

Since Mr. Lorenz’s 1994 conviction, facts have surfaced that call Mr. Lorenz’s conviction into serious question, including DNA tests that exclude Mr. Lorenz and Mr. Pugh from the crime scene, witnesses whose testimony was fabricated or coerced, and evidence pointing to other possible murderers. A recent report by two prosecutors from the Erie County District Attorney’s Office exonerates Mr. Lorenz.

Our representation of Mr. Lorenz began almost seven years ago. On Monday, December 13, we will appear in court on behalf of Mr. Lorenz in a hearing to challenge his conviction. We are hopeful that in light of the overwhelming new evidence, Mr. Lorenz will be released and his and Mr. Pugh’s convictions will be overturned.

Mr. Lorenz is represented by ECBAWM lawyers Ilann M. Maazel, Emma Freeman, and Francesca Cocuzza.

Press
“Former county prosecutor testifies against his former office: The Erie County District Attorney’s Office,” WGRZ
“Clinton Correctional escapee David Sweat testifies in hearing focused on 1993 Tonawanda murder case,” WGRZ
“Expert testifies defendants’ DNA not found at scene of Deborah Meindl’s murder,” WIVB
“Two men attempt to have 1993 Tonawanda murder convictions thrown out,” WIVB
“Dannemora escapee David Sweat testifies against fellow escapee in 1993 murder case,” WIVB
“David Sweat testifies Richard Matt told him he killed Tonawanda woman in ’93,” Buffalo News

Article

ECBAWM Joins Anthony Sims Legal Team

ECBAWM is proud to join the legal team of Anthony Sims, a man who has served 23 years after being wrongfully convicted of the 1998 murder of Li Run Chen.

Mr. Chen was killed by a single shotgun blast while working at a Chinese restaurant in Brooklyn. Undisputed evidence pointed to a different perpetrator altogether. In addition, for decades, law enforcement withheld substantial Brady material and evidence of Anthony’s innocence. As a result, Anthony filed a motion to vacate his conviction and to dismiss all charges against him. The District Attorney’s Office has not joined the motion and a hearing is scheduled to begin on October 14.

ECBAWM attorneys Ilann M. MaazelSam Shapiro, and Nairuby Beckles, along with attorneys Thomas Hoffman and Jonathan Hiles, represent Anthony Sims. More information about the case is available on the Free Anthony Sims website.

Article

19 ECBAWM Attorneys Named to 2021 Super Lawyers Lists

The firm is pleased to announce that 19 of its attorneys have been named to the 2021 Super Lawyers lists.

Firm partners Richard D. Emery, Andrew G. Celli, Jr., Matthew D. Brinckerhoff, Jonathan S. Abady, Earl S. Ward, Ilann Margalit Maazel, Hal R. Lieberman, Daniel J. Kornstein, O. Andrew F. Wilson, Debra L. Greenberger, and Sam Shapiro were named 2021 Super Lawyers.

Firm partner Zoe Salzman and associates Emma Freeman, David Berman, Scout Katovich, Andrew Jondahl, Nick Bourland, Ananda Burra, and Vivake Prasad were named 2021 Super Lawyers Rising Stars.

The Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found on the Super Lawyers website.

Article

Nine ECBAWM Partners Named to Lawdragon’s “500 Leading Plaintiff Employment & Civil Rights Lawyers” List

ECBAWM is pleased to announce that nine firm partners have been named to the “2021 Lawdragon 500 Leading Plaintiff Employment & Civil Rights Lawyers” list. The list was created “through nominations and independent journalistic research vetted by peers and adversaries,” legal media company Lawdragon explained on its website.

Andrew G. Celli, Jr., Matthew D. Brinckerhoff, Earl S. Ward, Ilann Margalit Maazel, O. Andrew F. Wilson, Katherine Rosenfeld, Debra L. Greenberger, Zoe Salzman, and Sam Shapiro were each recognized as attorneys “who’ve devoted their careers to helping workers protect their rights.”

.