Wrongful Conviction Lawsuit Filed After Released Prisoner Serves 30 Years
Civil Rights Law Firm Files Wrongful Conviction Federal Complaint
PHILADELPHIA, November 15 (Williams Cedar Law Firm) – Today, Williams Cedar filed a civil rights wrongful conviction federal complaint on behalf of Marcus Perez, who was released from prison in January, 2021, after serving more than 30 years for a shooting he committed as a teenager.
As alleged in the complaint, Perez pleaded guilty to a charge of murder only because the trial judge suggested that doing so would lead to a sentence that would render him eligible for parole after 15 years. As the judge later agreed, this advice was erroneous, as the crime for which Perez was convicted in 1990 carried a mandatory life sentence with no parole.
The complaint alleges that Perez’s attempts to appeal the sentence were frustrated because a lawyer then serving as an Assistant District Attorney wrongfully caused the transcript of the sentencing hearing to be altered so as to mischaracterize the judge’s advice. Perez was only able to establish the former ADA’s intent in 2019, when the District Attorney’s office reverse a longstanding policy, and permitted Perez’s attorneys to review its file, which contained a contemporaneous handwritten note from the former ADA that a “new and improved” transcript was needed. The District Attorney’s Office concurred with Perez’s argument that this newly discovered evidence required that Perez’s sentence be vacated, as his 1990 guilty plea was involuntary.
By opening its files and concurring in Marcus Perez’s request that his unfairly imposed life sentence be vacated, the District Attorney’s office took an important step toward providing him with long-awaited justice. This lawsuit aims to complete that process by obtaining compensation for Marcus’s suffering and inappropriate punishment.
The wrongful conviction lawsuit seeks damages against the former ADA under 42 U.S.C Sec. 1983, a federal civil rights statute, and against Perez’s original defense attorney who failed to correct the trial judge’s advice, or inform Perez of its consequences.
Williams Cedar partner Gerald Williams said, “By opening its files and concurring in Marcus Perez’s request that his unfairly imposed life sentence be vacated, the District Attorney’s office took an important step toward providing him with long-awaited justice. This lawsuit aims to complete that process by obtaining compensation for Marcus’s suffering and inappropriate punishment.”
Stu Bykofsky, a former columnist with The Philadelphia Daily News and The Philadelphia Inquirer, covered Mr. Perez’s case with almost a dozen columns going back to 2011. Read his post about this latest development.
About Williams Cedar
Williams Cedar has a proven track record of protecting the personal, civil, and consumer rights of clients throughout the country, and New Jersey and Pennsylvania in particular. From personal injury cases and civil rights cases to individual and class action environmental toxic tort cases, our diverse and experienced legal team has an extensive understanding of the law and what it takes to secure maximum cash settlements for our clients.
Important $65.25 Million PFOA Water Contamination Settlement in Hoosick Falls, NY
PFOA Water Contamination Linked to Cancers
PHILADELPHIA, July 23 (Williams Cedar Law Firm) – Williams Cedar is proud to announce a $65.25 Million partial settlement fund of a class action lawsuit involving the PFOA “forever chemical” contamination of private wells and the municipal water supply serving residents of Hoosick Falls, NY. Williams Cedar was part of the team of lawyers representing the plaintiffs. which included Faraci Longe of Rochester, NY and Seeger Weiss and Weitz + Luxemburg of New York, NY. The federal court for the Northern District of New York granted preliminary approval of the settlement on July 27, 2021. A hearing to determine final approval is set for February, 2022.
The settlement includes three of the four defendants in the case: Saint-Gobain Performance Plastics, Honeywell International and 3M, and the litigation continues against E. I. DuPont de Nemours & Co.
In late 2015, the U.S. Environmental Protection Agency notified Hoosick Falls, NY residents that their drinking water wasn’t safe due to contamination by a chemical known as PFOA (perfluorooctanoic acid), which is used in the manufacture of non-stick pans, as well as industrial and commercial products. PFOA exposure is linked to the development of a variety of health issues including kidney and testicular cancer.
Under the terms of the settlement, $20.7 million will be distributed to residents belonging to either the “Municipal Water Property Settlement Class” or the “Private Well Water Property Settlement Class.” Approximately another $7.8 million will be allocated to the “Nuisance Settlement Class” and another $22.8 million to the “Medical Monitoring Settlement Class.”
“Through the agreement, 3M, Saint-Gobain and Honeywell will collectively contribute a fixed total amount of $65.25 million to resolve the plaintiffs’ claims on behalf of themselves and the proposed classes,” said 3M in a press release. “Individual contributions among the parties will remain confidential under the agreement. 3M’s contribution to the total amount is reflected in the company’s existing financial reserves for litigation contingent liabilities as previously disclosed in its quarterly report. 3M proactively manages PFAS through environmental responsibility efforts, education and research, and engaging technology to strengthen global communities. We remain committed to working collaboratively with communities and sharing our scientific knowledge on PFAS to achieve our common goals.”
Honeywell said in a statement to local news affiliate WAMC that remediation in Hoosick Falls is a top priority for the company. “Using cutting-edge science and engineering, we continue to work collaboratively and transparently under the supervision of state and federal agencies to conduct environmental investigations, construct interim remedies, and implement cleanup plans…The Village’s municipal water supply has been non-detect for PFOA since March 2016 as a result of Honeywell’s and Saint-Gobain’s funding of interim and full-capacity water treatment systems. As a reflection of the Company’s commitment to responsible remediation, Honeywell, along with Saint-Gobain and 3M, has reached a settlement with plaintiffs in this class action, which has been submitted to the court for preliminary approval.”
Lia LoBello, director of business of communications for Saint-Gobain, said, “Saint-Gobain is pleased to have reached a settlement agreement with the Plaintiffs in the New York class action lawsuit…Since first learning about the issue of PFAS in Hoosick Falls, the company took a leadership position on this issue and we believe this agreement is indicative of that commitment. The health, safety and wellbeing of both our employees and the communities in which we operate are important to us, and we take that responsibility very seriously.”
Jerry Williams, the Williams Cedar partner who worked on the case said, “This settlement is an important step toward obtaining justice for the people of Hoosick Falls, NY who, for decades, were exposed to a dangerous chemical in their water and air. This settlement presents a model for the kinds of legal remedies our system is capable of providing.”
Of the approximately 1,800 current and former residents of Hoosick Falls, this settlement is intended to compensate them for the potential health consequences of their exposure to the PFOA chemicals, as well as the potential loss of property value. The settlement is also intended to provide a medical system of early detection for any related health issues these individuals may suffer in future years. Separate from this settlement, if a class member gets diagnosed with the illness linked to the chemical, then that individual can file another lawsuit.
Read a local news report by Spectrum News.
If you believe your private well or local water supply has been contaminated with toxic chemicals such as PFOA, contact Williams Cedar for a free environmental consultation.
Gerald Williams Celebrates 25th Anniversary of Martindale-Hubbell “AV Preeminent” Rating
PHILADELPHIA, PA, June 9, 2021 – Williams Cedar is proud to announce that founding partner Gerald Williams has achieved an “AV Preeminent” Martindale-Hubbell Peer Review Rating for the 25th consecutive year.
Per Martindale.com, the AV Preeminent rating is the highest peer rating standard. This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.
Chistopher Markos Re-Appointed Chair of the Philadelphia Bar Association’s Civil Rights Committee
PHILADELPHIA, PA, March 11, 2021 – The Philadelphia Bar Association has re-appointed William Cedar associate Christopher Markos as Chair of its Civil Rights Committee for 2021.
Gerald Williams, partner at Williams Cedar, said, “We congratulate Christopher on his appointment and continued involvement in protecting civil rights for all Philadelphians. His role with the bar association reflects our firm’s reputation for leadership and commitment to public service.”
Mr. Markos has built a career in public interest advocacy. Along with two Williams Cedar colleagues, he was honored by the U.S. District Court for the Eastern District of Pennsylvania’s Prisoner Civil Rights Panel for service to hundreds of prisoners injured as a result of unconstitutional conditions in the Philadelphia Prison System. Christopher is a graduate of Rutgers University and received his J.D. from Rutgers Law School – Camden.
Christopher Markos said, “I am honored to be appointed by my peers to Chair the Civil Rights Committee for the Philadelphia Bar Association. In this role, I look forward to a year of service to the legal community and participating in the planning of an upcoming public forum for candidates for District Attorney of Philadelphia.”
Attorney Kevin Haverty to Present at Upcoming PEOPIL Conference
Attorney Kevin Haverty of Williams Cedar will be a presenter at the upcoming Pan-European Organisation of Personal Injury Lawyers (PEOPIL) in Barcelona, Spain. PEOPIL is AAJ’s companion organization.
Mr. Haverty will be presenting as part of a panel discussion dealing with informed consent in medical malpractice cases. This conference will cover hot topics in product liability and mass torts, and reflect on European, United States and International perspectives on current issues in med mal and product liability – including pharmaceutical products. View the conference program here.