Facts

Frank O'Connell spent 25 years in prison after being convicted of murder. While incarcerated, O'Connell received assistance from an organization, which assisted inmates who claimed they were wrongfully convicted.

Following the filing of a habeas petition, a court held that potentially exculpatory evidence was not disclosed to his defense counsel during the criminal trial. As a result, O'Connell was released from custody and subsequently brought a federal lawsuit against the law enforcement agency and homicide detectives involved in the case.

PLAINTIFF'S CONTENTIONS: Plaintiff was convicted in 1985 for a murder that he, unequivocally and unwaveringly, maintained his innocence. He spent 27 years in prison before a state court reversed the conviction on the basis that homicide detectives had withheld critical, exculpatory evidence from his defense counsel. After the conviction was reversed, the Los Angeles County District Attorney's office elected not to re-prosecute O'Connell. The charges were dismissed for lack of evidence.

Plaintiff asserted detectives withheld material, exculpatory evidence from O'Connell's defense counsel in violation of his civil rights. The withheld evidence included information impeaching two eyewitnesses and undermining the veracity of officers' descriptions in their reports. Detectives also withheld significant alternative suspect evidence, including information revealing that the victim's ex-wife had previously conspired with a friend in an attempt to kill her ex-husband and an internal memorandum memorializing an anonymous phone call advising that the victim's ex-wife had hired a contract killer to kill the victim so she could secure custody of their son. Plaintiff also alleged that the Los Angeles Sheriff's Dept. lacked adequate policies and training regarding officers' constitutional obligation to memorialize and disclose material, exculpatory evidence.

DEFENDANTS' CONTENTIONS: The defense contended, among other things, that the subject evidence was disclosed to the defense counsel and, in any event, was not actually exculpatory.

Injuries

O'Connell claimed loss of a familial relationship with his son, who was four years old at the time of the original case. Suffering of emotional distress was also claimed.

Result

Prior to trial, a settlement of $15 million for O'Connell was agreed to in exchange for dismissing the case.