Michael Evans Loses Final Bid For A New Trial

Michael Evans has lost in his final bid for a new trial. Evans sued ten former Chicago police officers claiming they framed him for the rape and murder of nine-year old Lisa Cabassa back in 1976. Evans had spent 27 years in prison before being released based on new DNA results. A federal court jury rejected his claims and found in favor of the retired police officers. Evans appealed to the Seventh Circuit and lost there too. Evans then filed a petition for rehearing en banc before the Seventh Circuit. That petition has now been denied as well. The retired police officers were represented by Benna Solomon, Myriam Kasper and Jennifer Notz during the appellate proceedings. Andrew M. Hale was lead counsel for the retired police officers at trial in the Northern District of Illinois before the Honorable David Coar. Jon Loevy of Loevy & Loevy represented Evans at trial and on appeal.

Michael Evans Denied A New Trial - Defense Verdict Affirmed

The Seventh Circuit Court of Appeals affirmed a verdict in favor of the City of Chicago and ten former Chicago police officers and against Michael Evans, thereby denying Evans a new trial. Evans had filed suit seeking $60 million claiming the officers framed him for the rape and murder of nine-year old Lisa Cabassa in 1976. In August 2006, a jury returned a verdict in favor of the officers and City of Chicago, finding there to be no police misconduct. On appeal, Evans was seeking a new trial. In a 2-1 decision, the Seventh Circuit held that Evans received a fair trial and was not entitled to a new trial. At trial, the police officers were represented by attorneys Andrew Hale, Eileen Rosen, Kevin Horan and John Rock of Rock Fusco, LLC. On appeal, the police officers were represented by Benna Ruth Solomon, Jenny Notz and Myriam Kasper, attorneys with the Corporation Counsel's appellate group. Evans was represented at trial and on appeal by Jon Loevy of Loevy & Loevy.

City Of Chicago Files Response To Michael Evans' Appeal

The City of Chicago and ten former Chicago police officers have filed their response to Michael Evans' Seventh Circuit appeal. In August 2006, a federal court jury found in favor of the City of Chicago and the police officer defendants, rejecting Evans' claim that he had been framed for the rape and murder of Lisa Cabassa back in 1976. Evans spent 27 years in prison before being released in 2003 when DNA found on a rectal swab did not match Evans. An eyewitness, Judith Januszewski, testified that she saw Evans and his friend Paul Terry abducting Lisa Cabassa on the evening she disappeared. In their appellate brief, the defendants argued that the district court did not abuse its discretion in allowing testimony by police officers who fully complied with discovery. The defendants also argued that Evans' failure to ask the district court for additional time to conduct discovery waived any claim of prejudice. For example, the defendants' brief states "Tellingly, the primary relief Evans seeks is a remand to 'provide Plaintiff a reasonable opportunity to take fact and expert discovery. Evans never sought this relief from the district court, although the officers suggested it. Evans wanted to go to trial as quickly as possible. Evans apparently now regrets this strategy, but his gamesmanship should not be rewarded with relief he never sought below. Indeed, because Evans never asked the district court for more time for discovery, this argument is waived." (Defendants' brief at p. 38). Defendants are represented on appeal by Benna Ruth  Solomon (Deputy Corporation Counsel), Myriam Zreczny Kasper (Chief Assistant Corporation Counsel), and Jane Elinor Notz (Assistant Corporation Counsel). Evans is represented on appeal by Jon Loevy, of Loevy & Loevy, who was also Evans' lead trial counsel. At trial, the defendants were represented by Andrew Hale, Eileen Rosen and John Rock from Rock Fusco, LLC.

Michael Evans Appeals Jury Verdict In Favor Of Ten Former Chicago Police Officers

Plaintiff Michael Evans has filed his appellate brief with the Seventh Circuit Court of Appeals. Evans had sued ten former Chicago Police Officers claiming they framed him for the rape and murder of nine-year old Lisa Cabassa back in 1976. Evans was convicted of that crime in 1977 and spent 27 years in prison until being released in 2003 based on the results of DNA testing. Evans later received an innocence pardon from Governor Blagojevich. In August 2006, a jury found in favor of the ten Chicago Police Officers and against Evans. Evans had asked the jury to award him over $50 million in damages.The main issue raised in Evans' appeal is that several of the former Officers were allowed to give depositions shortly before trial after having previously asserted their Fifth Amendment rights. Evans claims he was prejudiced by these depositions, but did not ask District Court Judge David Coar to continue the trial date. The ten former Chicago Police Officers were represented by Andrew Hale, Eileen Rosen and John Rock from the law firm of Rock Fusco, LLC. Michael Evans was represented by Jon Loevy of Loevy & Loevy, Flint Taylor from the People's Law Office and Locke Bowman from the MacArthur Justice Center.

Dr. Terry Kupers Testifies For Plaintiff Re: PTSD

Dr. Terry Kupers, a California psychiatrist, has testified again on behalf of a plaintiff, this time for Alejandro Dominguez in his civil rights suit against the City of Waukegan. On October 10, 2006, Dr. Kupers testified that Mr. Dominquez suffers from depression, anxiety and post-traumatic stress disorder (PTSD). Earlier this year, Dr. Kupers testified on behalf of Michael Evans in his suit against the City of Chicago and ten former Chicago Police Officers. Dr. Kupers testified in that case that Mr. Evans suffers from PTSD. Dr. Kupers also testified last year on behalf of plaintiff Steve Manning in his suit against two FBI agents, Robert Buchan and Gary Miller. In each case, the plaintiff was represented by the law firm of Loevy & Loevy. All three of these trials were conducted in the Northern District of Illinois in Chicago. Dr. Kupers is the author of the book "Prison Madness."  

Dr. Gary Wells Testifies Re: Eyewitness Identification

On October 10, 2006, Dr. Gary Wells, Professor of Psychology at Iowa State University, testified as an expert witness for the plaintiff Alejandro Dominguez in his trial against the City of Waukegan. Dr. Wells testified that he is an expert in eyewitness memory and eyewitness identification. He claims that he has published more than anyone in the world on these topics. Dr. Wells testified that it was improper for the Waukegan police to conduct a "show-up" two days after the subject rape, despite the fact that the rape victim said she had seen her attacker before. He opined that the police should have conducted a line-up instead. He also testified that the police should have given a warning that "the offender might or might not be in the line-up" - which was not given. This is the third case that Dr. Wells has been retained by attorney Jon Loevy. Dr. Wells also testified for the plaintiff Michael Evans this summer in his suit against the the City of Chicago and ten former Chicago police officers. (The jury returned a verdict for all of the defendants in that case). Also, in 2005, Dr. Wells testified for plaintiff Steve Manning in his suit against two FBI agents, Robert Buchan and Gary Miller. (The jury awarded Manning $6.6 million in that case, but pending post-trial motions seek to overturn that award).