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Wrongfully-convicted man sues for withholding evidence

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A man who spent nearly 18 years in prison for crimes from which he was later exonerated is now suing the City of Hammond and various police officers involved in his arrest.

James Hill was convicted of rape, unlawful deviate conduct and robbery in connection with an attack against a gas station clerk in 1980. The clerk, L.J., couldn’t at first identify her attackers, but after she was hypnotized by police, identified Hill as one of the two men. Biological evidence found on L.J. and evidence at the scene did not connect Hill to the attack.

Hill claims that the police officers involved in the investigation covered up important information, including that L.J. had been hypnotized and there were doubts about the reliability of statements from a witness that Hill owned a blue denim bag identical to the one used during the attack.

It wasn’t until 2001 that DNA testing on the physical evidence showed that Hill wasn’t the source of semen found on L.J. and her clothing. At that time, Hill had already been released from prison, but filed an amended petition for post-conviction relief in 2005. The post-conviction court vacated his convictions in October 2009.

Hill’s suit says his arrest, prosecution, convictions, and imprisonment were because of unconstitutional and unlawful efforts by the police officers named in his suit, who tried to use any means to gain a conviction. The defendants, Frank Dupey, Richard Tumildalsky, Raymond Myszak, and Michael Solan, deliberately didn’t reveal exculpatory information about the hypnosis of L.J., didn’t investigate any other potential suspects, and fabricated evidence from witnesses which was presented at trial. He claims the City of Hammond is also liable as it’s responsible for the policies, practices, and customs of the Hammond Police Department.

Hill filed the suit last week in the Northern District of Indiana, Hammond Division, James Hill v. City of Hammond, et al., No. 2:10-CV-393. It includes three counts – denial of a fair trial, supervisory liability, and a Monell claim against the city. Hill is seeking compensatory and punitive damages, interest, and any other proper relief.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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