Post-Conviction Motions Give You A Chance To Clear Your Name
Law Offices of Joel B. Rudin, P.C., has had great success in pursuing post-conviction motions and appeals to overturn the convictions or sentences and to win the freedom of clients who have been unfairly or illegally convicted or sentenced.
A post-conviction motion is a written application by the defendant to overturn his conviction or sentence based upon information that is not already in the trial court record. The motion may be based upon evidence of actual innocence or that the defendant’s trial was unfair, such as where the prosecution failed to turn over necessary evidence or the original defense attorney was negligent.
We base post-conviction motions on new information that our clients already have developed or that our lawyers develop through our own reinvestigation of their cases. We use private investigators, Freedom of Information Law requests and lawsuits, and other means to obtain the new information. We are persistent. We bring motions in the trial court, appeals to the state appellate courts and federal habeas corpus petitions, until, in many cases, we succeed.
Successful Representation Leads To Freedom For Post-Conviction Clients
In the nationally publicized Jabbar Collins case, we proved pervasive misconduct by the Brooklyn District Attorney’s Office and won a federal habeas corpus petition freeing our client after he had spent more than 16 years in prison. As part of the remedy we won in federal court, retrial on his state murder indictment was prohibited and the indictment was dismissed. Mr. Rudin’s blog for the Innocence Project and a front-page article in The Wall Street Journal explain how this result was accomplished. Our unearthing, during Mr. Collins’ civil lawsuit, of pervasive misconduct at the Brooklyn District Attorney’s Office led to District Attorney Charles Hynes’ defeat after 24 years in office and the election of Kenneth Thompson, who then freed more than 20 state prisoners for wrongful conviction before his untimely death. In 2014, we settled Mr. Collins’ state and federal lawsuits for a total of $13 million.
Our reinvestigation of Danny Colon’s murder conviction revealed that the Manhattan District Attorney’s Office had relied on false testimony and had suppressed evidence favoring the defense known as “Brady” material. In a unanimous decision, in 2009, the New York Court of Appeals reversed Mr. Colon’s conviction, and we persuaded the DA’s office to dismiss the indictment. In 2014, we recovered a total of $9 million for Danny and his former co-defendant, Anthony Ortiz.
In 2013, after using a Freedom of Information lawsuit to force the Queens District Attorney’s Office to disclose secret witness payment records that the Office had covered up for 12 years, our office won a 440 motion overturning Petros Bedi’s murder conviction due to prosecutorial misconduct. Mr. Bedi, who had been serving 40 years to life in prison, has now been released.
In the 1990s, Mr. Rudin won freedom for four innocent men, including a well-known minister and civil rights leader, the Rev. Nathaniel T. Grady, and three day care center teachers, including Franklin Beauchamp, Jesus Torres and Alberto Ramos, in the infamous “Bronx Five” day care center sexual abuse prosecutions in the Bronx. The men had served as many as 10 years in prison, on sentences ranging from 25 to 90 years.
In the Ramos case, Mr. Rudin won a 440 motion proving that the Bronx District Attorney’s Office had withheld evidence proving Mr. Ramos innocent, defeated the DA’s appeal and then won the complete dismissal of the criminal case. In a groundbreaking civil rights lawsuit, Mr. Rudin convinced the appellate division to hold for the first time that a claim could be brought against New York City for the indifference of the Bronx district attorney to misconduct by his staff. The appellate division, on Mr. Rudin’s motion, ordered the DA’s office to disclose the personnel records of 72 prosecutors involved in misconduct in order to show that such prosecutors were never disciplined by the DA’s office. Mr. Rudin then won Mr. Ramos a $5 million damage settlement, at the time the largest such recovery in a wrongful prosecution case in New York state history.