Fernando Bermudez
Firm lawyers represented Fernando Bermudez, who had been serving a 23-years-to-life prison sentence after being wrongly convicted for the murder of Raymond Blount outside of a nightclub in Manhattan in 1991. For over 18 years, Mr. Bermudez maintained his innocence, saying that he did not know Raymond Blount or any of the witnesses who testified against him at his trial and was not at the nightclub the night of the shooting. After 11 previous unsuccessful attempts to overturn the conviction, Bermudez, represented by Miller & Chevalier, challenged his conviction based on perjured trial testimony by a cooperating witness and tainted identification procedures, and was granted a new hearing. At the hearing, which began on September 1, 2009, a pro bono team of defense lawyers led by Barry Pollack presented evidence that the police allowed eyewitnesses to confer before identifying Bermudez and that the government's cooperating witness at trial lied on the stand. On November 12, 2009, Justice John Cataldo of the New York State Supreme Court ruled for Mr. Bermudez on all of his claims, in particular, finding by clear and convincing evidence that Mr. Bermudez was actually innocent. The court also found that the identification procedure was flawed, and that the government should have known its cooperating witness committed perjury at Mr. Bermudez's trial. The court dismissed the indictment against Mr. Bermudez and apologized to him from the bench.
Guantanamo Bay Detainees
The firm, through George Clarke, represents two Yemeni men imprisoned in Guantanamo Bay, Cuba. Previously, the firm had also represented two of the Uyghurs ['wee-ghurs'], Turkic Muslims, a persecuted minority in China. In late 2008, after court rulings against them and under pressure to justify the Uyghurs continued imprisonment, the Department of Justice conceded that the Uyghurs were not enemy combatants. The United States District Court for the District of Columbia ratified that conclusion and ordered the men released into the United States. On appeal, the D.C. Circuit overturned the decision, holding that the judiciary does not have the power to order such a release. The Supreme Court accepted the case. Because of concerns that Uyghurs will face detention and torture if returned to China, other resettlement options were explored by the firm, co-counsel, and the State Department. In the summer of 2009, the Uyghurs received an offer to move to the island nation of Palau, and after extensive negotiations, six men (including the two represented by the firm) were flown to Palau and granted temporary resettlement on the evening of October 31, 2009.
National Innocence Network
Firm lawyers represented the National Innocence Network in an amicus brief filed in the United States Supreme Court in the case of Melendez-Diaz v. Massachusetts, argued in the spring of 2009. The case raised the question of whether forensic evidence, crime lab results, and other tests should be subject to the same evidentiary procedures as other types of evidence. Documenting many cases in which inaccurate information from state crime labs was used to convict an innocent person, the brief described in detail the problems with the "junk science" techniques utilized in these cases, and discussed how confrontation might have been used at trial to expose some of the flaws with the forensic evidence. The amicus brief was discussed by the Justices prominently during the argument. Shortly after the argument, the National Academy of Sciences released a report on the state of forensic techniques used in court proceedings, which supported the conclusion of the amicus brief. The Supreme Court relied on the amicus brief in its opinion, which held that confrontation is required under the Sixth Amendment when the government presents forensic evidence in a criminal case.
Advocacy for Disability Benefits
In early 2008, firm lawyers were approached by a mother whose adult son has suffered with a seizure disorder and suspected mental disabilities throughout most of his life. Because of his lack of visual physical impairment, he had not been considered disabled during his educational years and had not been offered any specialized services. His very real disabilities, however, had prevented him from being able to maintain a job, leaving him without medical coverage for his serious health issues. Our lawyers compiled medical documentation on both the seizure disorder and the parallel mental disabilities and filed state and federal Social Security applications. As these applications are being processed, our lawyers have helped our client gain access to free medical care through a state clinic system, including access to specialists. In addition, our lawyers were able to secure a preliminary disabled status finding through an appeals hearing, which effectively positions our client for the next step in the process of ultimately receiving the support that he requires.
International Compliance Research
Miller & Chevalier recently developed a survey of the national anti-bribery laws of 15 countries for a well known international environmental organization. The survey covered countries in Central and South America, Africa, the South Pacific, and East Asia. In addition, the survey analyzed certain aspects of the anti-bribery laws in detail, including the categories of individuals who are prohibited from offering or accepting bribes in the various countries, the countries' rules regarding the giving of gifts, entertainment and travel expenses, and each country’s rules regarding private transactions with government officials. The organization has stated that the information provided by the firm will be of significant benefit as it advances its conservation goals around the world.
Virginia Post-Conviction System
Miller & Chevalier handled a research and advocacy project for the Virginia Capital Representation Resource Center (VCRRC). We represented the center in a challenge to the adequacy of review provided by the state capital post-conviction system in Virginia. The representation stemmed from a federal law that permits the United States Attorney General, pursuant to regulations promulgated by the Department of Justice, to certify that a state's post-conviction review is of sufficient quality as to allow that state to "opt-in" to federal statutes that greatly circumscribe the federal courts' powers to review the merits of death penalty judgments. In the course of our representation, the firm prepared a Virginia Freedom of Information Act (FOIA) request to the Attorney General’s office, obtaining documents discussing the opt-in provisions in order to determine whether Virginia plans to seek certification once the regulations become final. We also researched the Virginia capital post-conviction review system, analyzing each capital case, and painstakingly compiled data about the system’s flaws to support the VCRRC’s contention that Virginia’s system does not provide review sufficient to qualify for "opt-in" status. We prepared the VCRRC’s objections to Virginia’s application for opt-in status and also submitted a letter in response to a request for comments from the new administration.
Disabled Veterans
Since 2007, more than a dozen Miller & Chevalier lawyers have completed training in representing disabled veterans seeking benefits from the U.S. government and have been certified by the Department of Veterans Affairs. Our lawyers have represented both older veterans and veterans of the Iraq and Afghanistan conflicts. In one case, we are working with a Vietnam War-era veteran seeking to receive service-connected disability benefits for post-traumatic stress disorder (PTSD) stemming from events experienced during his years in the military. Two previous claims for service-connected disability compensation in 2003 and 2007 were denied. When his claim was denied for the second time, his local Veterans Commission service representative referred him to the firm. On his behalf, we filed a request for reconsideration in 2008 and are currently waiting to hear back from the Veterans Administration.
United States Court of International Trade
Our clients farm grapes in Southwest Michigan, one of the few regions where concord grapes grow in the United States. Recently, a similar variety of grapes was developed in Argentina, and imports of this new variety have surged. As a result, grape farmers from Michigan became eligible for trade adjustment assistance payments. Our clients applied for assistance, but the U.S. Department of Agriculture (USDA) denied the claim, stating that their income rose at the same time as the imports increased, making them uninjured by the imports. However, in calculating their income, the USDA incorrectly included a disaster relief payment that our clients received as a result of a severe drought in 2001 (before the rising imports) that wiped out grape crops across Michigan. We assisted the clients in petitioning to United States Court of International Trade, seeking review of whether the USDA appropriately included the disaster relief payment in calculating our clients’ income and denying their claim for assistance. After an 18-month delay, the clients received an adverse decision, and we are currently representing them on appeal to the U.S. Court of Appeals for the Federal Circuit.
Tax Preparation for Low-Income Families and Individuals
The VITA/CASH coalition supports libraries, public agencies, businesses, and faith and community-based groups in Northern Virginia whose volunteers prepare federal and state tax returns for low-income families and individuals at no cost. Known as the Creating Assets, Savings, and Hope Campaign (CASH Campaign), this free public service is available from January to mid-April as part of the Internal Revenue Service’s (IRS) national Volunteer Income Tax Assistance (VITA) Program. For several years, our lawyers have trained volunteers to prepare tax returns and answer difficult questions concerning tax law and return preparation during tax season. Firm members also draft periodic alerts citing coordinators and experts regarding new tax laws and fact patterns observed at the VITA/CASH sites. Our lawyers regularly visit VITA sites to monitor compliance with IRS standards, assist with return preparation, and solicit feedback from volunteers, as well as serve as a liaison between the coalition and our IRS contacts.
Tax-Exempt Consulting
The president of an international foundation devoted to supporting children and youth and providing educational grants to young people contacted Miller & Chevalier to help with the organization’s application for tax exemption. The group had already submitted an application, but the IRS considered it inadequate and responded with questions and a request for additional information. As a result of the firm’s efforts, the foundation received an advance ruling from the IRS, stating that the foundation is exempt from federal income tax under 501(c)(3). |