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Making It Work Summer 2010 | Volume 28 Number 2 MAKING IT WORK Assessing, adjusting, and innovating in law firm practice 4`][bVS2SO\ 2SO`4`WS\Ra I believe that Duke Law BOEBEWJTJOHTUVEFOUT*BTLFE "45'"-- %63*/(BO School — indeed the entire PVSBMVNOJUPIFMQ BOEUIFZ :BMVNOJFWFOUJO/FX:PSL GVOEFEGFMMPXTIJQT TFSWFE $JUZ BHSBEVBUFHSFFUFE Duke Law community of BTNFOUPST IFMQFEXJUI NFXBSNMZ4IFDPVMEIBSEMZ alumni, faculty, and friends NPDLJOUFSWJFXT QSPWJEFE DPOUBJOIFSFOUIVTJBTNBTTIF — has an obligation to help DPOUBDUT BOEPGGFSFETIPSU UBMLFEBCPVUIFSKPC IFSMJGF BOEMPOHUFSNPQQPSUVOJUJFT JOUIFMBX BOEIFSHSBUJUVEF our students begin their *QBSUJDVMBSMZBDLOPXMFEHFUIF UP%VLF-BX4IFTFFNFEB careers in the law. 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3P]\WS>`cWbbW\bS`\ <SeTOQcZbg`SQ`cWba /@B27@31B7=</<21=D3@ 0cSZZRS4WUcSW`SR]1VS\O\R[]`S ;O`Q6O`Y\Saa >6=B=5@/>6G ;SUO\;]`` " % 8]\5O`RW\S` 8O`SR:OhO`ca :SaB]RR BVS`SaO<Se[O\ ! 1V`Wa:OYS 2cYS:Oe;OUOhW\SWa^cPZWaVSRc\RS`bVS Oca^WQSa]TbVS=TTWQS]TbVS2SO\ $ 2cYSC\WdS`aWbg:OeAQV]]ZAQWS\QS2`WdSO\R B]eS`dWSe@]OR2c`VO[<1 %%& BVWa^cPZWQObW]\eOa^`]RcQSR ! & caW\U^O^S`eVWQVac^^]`ba 2cYS¸aQ][[Wb[S\bb] acabOW\W\U]c`S\dW`]\[S\b "$ !# 4`][bVS2SO\ <Sea0`WSTa ! 4OQcZbg4]Qca >`]TWZSa ! 2OdWR>Og\S¸&& !" 9ObVg>Og\S¸&% !# 8O\SbEO`R0ZOQY¸&# !& !$ /ZSf;Q:W\¸'' !& BV][OaBVSYYSYO\RO[82;0/¸ !' /Zc[\W<]bSa & "# 7\;S[]`WO[ "& AcOA^]\bS <Sea0`WSTa >@=43AA=@A8/;3A1=:3;/<:34B/<2B63@3A/ <3E;/<<=B>71BC@325@33B32A6/E< ;/AA3G=<67A@3:3/A34@=;>@7A=<;/G$ E`]\UTcZ1]\dWQbW]\a1ZW\WQaSQc`Sa QZWS\b¸a`SZSOaSOTbS` gSO`aW\^`Wa]\ N MAY 6, Shawn Giovanni Massey was breaking and entering and robbery with a Clinic co-directors James Coleman and =released from prison after 12 years of dangerous weapon. Incarcerated since his May Theresa Newman ’88 picked Massey up incarceration for crimes he didn’t commit. 1998 arrest for the crimes against a Charlotte from prison and took him to Charlotte Massey, a client of the Law School’s woman and her two young children, Massey, where he was reunited with his jubi- Wrongful Conviction Clinic, was released 37, had two years left to serve on his sentence. lant family, including his teenage son. from the Maury Correctional Institution “I thank God for being free,” Massey said Coleman, Newman, and Kim Kisabeth in Maury, N.C., after Mecklenburg County following his release. “I’m thankful to Duke ’07, then a fellow with Duke’s Center District Attorney Peter Gilchrist ’65 secured a for helping to free me. And I thank God for for Criminal Justice and Professional Superior Court order vacating his conviction my grandmother and family believing in Responsibility, worked with numerous on multiple counts of second-degree kidnap- me.” His grandmother, Rev. Anne Massey, other students, alumni, and friends for ping, as well as one count each of felonious always believed in his innocence, he said. more than four years to build their argu- 2cYS:Oe;OUOhW\SAc[[S` <Sea0`WSTa “ Having access to the D.A.’s files was a very important development because it permitted us to evaluate the case against Shawn.” ´8O[Sa1]ZS[O\ :³@(<3E;/<97A/03B6;/AA3G/<21=:3;/< /B;/AA3G¸A4/;7:G6=;3;/G$ :@(;/AA3G1=:3;/<97;97A/03B6¸%/<23;7:GA/CB3@¸'/B/;/G %2C93:/E>@3AA1=<43@3<13 ment that Massey was a victim of errone- Kisabeth and Aleksandra Kopec ’07; Susan did,” and were able to build on the original ous eyewitness identification. Pourciau ’09 and Emily Sauter ’09; and investigation, Coleman said, adding that Their case turned on the perpetrator’s Jessica Neiterman ’09 and Toby Coleman justice would be well-served if police and hair style and weight, two key issues at ’10. Last fall, Pourciau joined Kisabeth in prosecutors routinely viewed innocence Massey’s trial. On noting his resemblance to Georgia to interview the victim about her investigations as a necessary part of the her attacker in a series of photos, the victim identification of Massey as her attacker. As justice system and “opened their files.” told police he lacked her attacker’s cornrow the case neared a resolution, the clinic also Kisabeth credited Newman and braids. She made the same observation on enlisted the assistance of Tommy Holderness Coleman’s “level of excitement and joy in seeing him in person for the first time prior and Adam Doerr ’06, a partner and associ- their work” as inspiring students to immerse to the start of his trial, and also observed ate, respectively, at Robinson Bradshaw & themselves in innocence investigations. that he weighed less than her attacker. These Hinson in Charlotte. She recalled her first meeting with Massey, observations, and photo notations uncovered “These cases really do take a village,” during her student days, as being her first years later by Duke students investigating said Coleman. “This is an effort that a lot of lawyer-client interaction — and her first-ever the case, were not passed on to Massey’s trial people worked on. And I think all of them visit to a prison. “It was a great learning lawyer. They later proved that Massey never contributed
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