Another Happy Day for Lawyers, Clients in 'Actual Innocence' Case
“Nothing in my career is as satisfying as this type of work, where you are able to help get someone exonerated for something they did not do and for which they have spent years in prison,” said attorney Gary Udashen.
May 10, 2019 at 06:53 PM
4 minute read
Criminal defense attorneys Nina Morrison and Gary Udashen, collectively, have successfully fought to prove that 47 people were wrongfully convicted.
Yet it never gets old to stand in a courtroom and hear a judge say the words “actually innocent” before crowds of family members and news cameras, as happened Friday for two of the attorneys' clients, Stanley Orson Mozee and Dennis Lee Allen, who were wrongfully convicted of capital murder in 2000.
Prosecutorial misconduct by former Dallas County Assistant District Attorney Rick Jackson led to their wrongful convictions, court records show.
Although Mozee and Allen were released from prison on bond more than four years ago, Friday's ruling makes them each eligible to receive $1.22 million in compensation from the state for the 15 years and three months they were imprisoned, and then $80,000 per year for the rest of their lives.
“Nothing in my career is as satisfying as this type of work, where you are able to help get someone exonerated for something they did not do and for which they have spent years in prison,” said Udashen, board president of the Innocence Project of Texas, who represented Allen and has helped exonerate 20 people total.
It never gets old, said Morrison, staff attorney of the Innocence Project of New York, who represented Mozee.
“Everything is as overwhelming and rewarding as the very first time it happened. It's a great feeling,” she said, noting she's now helped exonerate 27 people.
The two Innocence Projects approached the district attorney's office in 2009 about the cases, and the office's Conviction Integrity Unit opened an investigation. In 2014, the office agreed that Mozee and Allen's convictions should be overturned, according to a statement.
“It was emotional for all of us,” said Dallas County District Attorney John Creuzot, who gave his deepest and sincerest apology at the hearing. “We apologized for what they had gone through, that they had been convicted. Justice is sometimes slow, but it gets there.”
Mozee and Allen were wrongfully convicted of capital murder in 2000 for the robbery and murder of Rev. Jesse Borns Jr., a shopkeeper who was stabbed to death at his business in 1999. Mozee and Allen always maintained their innocence.
In 2014, they both filed writs of habeas corpus arguing that new DNA evidence from blood at the crime scene established their innocence, and that due process violations occurred in their prosecutions. The case went back and forth between the Texas Court of Criminal Appeals and the trial court several times.
Eventually in a 2017 findings of fact and conclusions of law, the high court ruled there was compelling evidence that Mozee and Allen's due process rights were violated. One jailhouse informant who testified that Allen told him he committed the murder had been writing letters to the prosecutor, Jackson, asking him to dismiss his case for his testimony. Yet at the trial, Jackson solicited testimony from that witness who said he did not seek or expect benefits from his testimony. Jackson also never disclosed to defense lawyers that the state had agreements to assist that witness, and three other witnesses, with their criminal matters in exchange for testimony.
Also, a detective at the trial gave false or misleading testimony about three alleged eyewitnesses who supposedly saw Allen use the victim's credit cards. The truth was that one of those eyewitness initially identified Allen in a photo array, but before trial, he recanted his identification of Allen.
Morrison, Mozee's lawyer, said she knows the State Bar of Texas is reviewing the record and findings from the Texas Court of Criminal Appeals to determine whether to take disciplinary action against Jackson, the former prosecutor.
“It's the type of case we would expect the bar to take very seriously,” she said, noting that in past wrongful convictions involving prosecutorial misconduct, prosecutors were disbarred.
Jackson, who didn't return a call seeking comment, is currently on inactive status with the bar.
Claire Reynolds, spokeswoman for the bar's Office of Chief Disciplinary Counsel, didn't return a call seeking comment before deadline.
Read the findings and conclusions.
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllActions Speak Louder Than Words: Law Firms Shrink From 'Performative' Statements
6 minute readNorton Rose Lawyers Accused of Accessing Confidential Material in Internal IT Probe
3 minute readPartner Compensation, Billing Rates Are Trending Higher in Dallas Than Houston
3 minute readTrending Stories
- 1US Magistrate Judge Embry Kidd Confirmed to 11th Circuit
- 2Shaq Signs $11 Million Settlement to Resolve Astrals Investor Claims
- 3McCormick Consolidates Two Tesla Chancery Cases
- 4Amazon, SpaceX Press Constitutional Challenges to NLRB at 5th Circuit
- 5Schools Win Again: Social Media Fails to Strike Public Nuisance Claims
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250