The Family Defense Center’s Family Innocence Benefit Honoring: Ellen Domph, Deborah Tuerkheimer, Louis Fogel, and the Goodman Theatre Sunday, September 21, 2014 To Protect Children, Defend Families Welcome to the Family Innocence Benefit for the Family Defense Center!
The Family Defense Center has so much to celebrate this year, and we thank you for joining us in the celebration. This year’s honorees demonstrate the variety of avenues through which we can work to advance a single cause: protecting children by defending families. Our honorees have made contributions in the realms of direct legal representation and advocacy, legal scholarship, Board and committee involvement, pro bono representation, and theatre. Through these diverse avenues, each honoree has notably joined our effort to promote child welfare by protecting and defending families.
Our 2014 Family Defender, Attorney Ellen Domph, exemplifies the highest ideals of the legal profession. Her tireless, passionate and highly skilled defense of families has made it possible for loving parents to protect their right to raise their own children without the unjust intervention of the State. In focusing on family innocence this year, Ms. Domph’s exemplary work as lead trial counsel in the celebrated In re: Yohan K. case led to a landmark appellate victory, one that we celebrate tonight.
Our 2014 Family Defense Scholar, Professor Deborah Tuerkheimer, is an outstanding example of the difference legal scholarship can make in giving voice to the marginalized. As Prof. Tuerkheimer discovered the widespread injustice and error in so many “Shaken Baby Syndrome” prosecutions, her passion for truth inspired her to dig deeper, culminating in the publication of her book, Flawed Convictions: Shaken Baby Syndrome and the Inertia of Justice. Now widely recognized as the leading academic legal scholar on the topic, Prof. Tuerkheimer’s work has helped exonerate wrongly accused families and shaped public discourse.
This year, the Family Defense Center also honors a dear friend and dedicated supporter of our mission: Louis Fogel. Mr. Fogel’s professional achievements and community service commitments speak for themselves: he has supported the FDC and worked to defend families as a Board member, committee chair, and individual pro bono attorney, as well as playing a key role in growing and developing FDC’s pro bono program. Finally, we honor Goodman Theatre for promoting community awareness of the child welfare system through the production of the play Luna Gale. Goodman Theatre demonstrates the positive role that excellent theatre can play, not only educating the public but even shaping public opinion for the better.
The Family Defense Center was founded in 2005. In less than a decade, the Center has become one of the most powerful protectors of children and defenders of families in Illinois. The Center has been extremely fortunate to have partners in its work, including our stellar honorees. We count each of you here today as a partner in this incredibly important work. We are honored to co-chair this year’s benefit and we hope you enjoy the evening. Thank you for your support of the Family Defense Center. Together we can advance justice in the child welfare system and achieve even greater future victories for children and families.
Daniel Edelman & Fran Kravitz Tom & Mary Broderick Cocktail Reception and Award Ceremony
4:00–5:00 p.m. Reception Cocktails and hors d’oeuvres Silent auction including original pieces by painter and muralist Alejandro Romero Entertainment by pianist William Wallin
5:15–5:45 p.m. Program and Award Ceremony
Community and Professional Service Award Louis Fogel Community Awareness Award Goodman Theatre
Family Defense Scholar Award Professor Deborah Tuerkheimer
Family Defender Award Ellen Domph
5:45–6:15 p.m. iPad Raffle, Live Auction and Fund-A-Need Policy Advocacy Fund Jim Miller, Auctioneer
6:15–6:45 p.m. Silent Auction
6:15 p.m. – 7:30 p.m. Cocktails, Dessert, Coffee
7:30 p.m. Benefit Conclusion
1 September 21, 2014
Dear Friends of the Family Defense Center,
We have had a spectacular year at the Family Defense Center and we have so much to celebrate as we look back on our recent work defending innocent families. Even so, more than a few people have wondered out loud, “why are we focusing on such serious topics as wrongful convictions and wrongful separation of families accused of shaken baby syndrome at a festive annual benefit?”
The reason is simple: we are proud of our work to exonerate wrongly accused family members, including work since 2013 in the very challenging area of family defense of parents accused of so-called “shaken baby syndrome." We’re also proud to have been able to bring together so many people who have dedicated themselves to the cause of justice in this area for decades. This work is both complex and important. We know of no better way to prove that point than by holding a party that recognizes the huge contributions of so many people to that work, starting with our two honorees Ellen Domph, our 2014 Family Defender, and Deborah Tuerkheimer, our 2014 Family Defense Scholar.
At the same time, we want to recognize the contributions of people who have helped build a community of support for the Family Defense Center and its mission. That’s why we are celebrating the outstanding contribution of Louis Fogel as both an excellent member of our Board of Directors and stellar contributor to the success of our highly regarded Pro Bono Legal Services Program. It is also why we celebrate and congratulate the Goodman Theatre for its work this winter in giving public attention to the treatment of families in the child welfare system.
We always hope that our friends and guests come away from our benefit more than just well fed and entertained. An event like our benefit is meant to be more than a party—it’s a networking opportunity for everyone who believes in our motto, “To protect children, defend families." It is also a chance, we hope, to get inspired for the work that remains ahead of us.
Please join with me in the hearty congratulations we are giving to our honorees. I look forward to working with you on the mission we share: advocating justice for families in the child welfare system.
Thank you and I hope you enjoy tonight’s program!
Diane L. Redleaf Founder and Executive Director
2 Family Defense Center
Family Innocence Benefit Program Book
Table of Contents Event Co-Chairs: Daniel Edelman and Fran Kravitz; Mary and Tom Broderick...... 4 Honorary Co-Chairs: Dorothy Roberts, Christopher Sullivan, Carolyn Kubitschek, Karl Dennis, and Anita Weinberg...... 5 Mistress of Ceremonies: Laura Washington...... 8 Meet this Evening’s Artists: William Wallin, Pianist and Alejandro Romero, Painter...... 9 Community and Professional Service Recognition: Louis Fogel...... 10 Community Awareness Award: Goodman Theatre...... 14 Meet Family Defender Ellen Domph...... 16 Meet Family Defense Scholar Deborah Tuerkheimer...... 24 Flawed Convictions: Review by George Barry of Prof. Tuerkheimer's book...... 30 Why Family Defenders Care About SBS Innocence...... 35 The FDC's Recent Work Exonerating Innocent Family Members in Medically Complex Cases...... 36 Wisconsin Innocence Project Leading National Efforts to Expose Flaws in the SBS/AHT Hypothesis...... 38 Tributes to Our Honorees and Congratulations from our Supporters...... 39 Acknowledgements: Foundations for Major Annual Support...... 52 Acknowledgements: Family Defense Center Supporters and Event Sponsors...... 52 Acknowledgements: Auction Donors...... 53 Acknowledgements: Board of Directors...... 54 Acknowledgements: Benefit Hosts, Planning Committee, Volunteers...... 55 Family Defense Center Staff...... 55
3 Event Co-Chairs: Daniel Edelman and Fran Kravitz; Mary and Tom Broderick
Daniel Edelman and Fran Kravitz: Daniel Edelman is a Partner at Edelman, Combs, Latturner, & Goodwin, L.L.C. He is a 1976 graduate, with Honors, from the University of Chicago Law School. He received his B.A. from the University of Illinois at Chicago, with Honors, in 1973. At Edelman, Combs, Latturner & Goodwin, he leads complex consumer litigation, with specific focus on class action lawsuits. With over twenty published works, Dan is a widely recognized scholar in his field, one who is frequently asked to testify in front of appropriate committees and organizations, including the Federal Trade Commission and the Illinois General Assembly. Dan is also very active in the legal community, including as an early and very effective supporter of the mission of the Family Defense Center.
Fran Kravitz is a Career Consultant with the American Chemical Society. She received her B.S. in Biology from the Northern Illinois University in 1976, and went on to receive her Masters of Science degree in Chemistry from Roosevelt University in 1988. Her life is full of public and professional service, the most recent of which was with the American Chemical Society, a congressional group that represents chemists all across the United States. She is active in West Suburban Temple Har Zion. She and Dan live in St. Charles, Illinois and are the proud parents of one son.
Mary and Tom Broderick: Mary Broderick is the founder and President of Clearview Research, a marketing research firm based in Rosemont, Illinois, with a branch office in Orlando, Florida. She graduated from the University of Illinois at Chicago with a B.S. in Marketing. Outside of her work with Clearview Research, Mary has been involved with the Family Defense Center almost since its inception. She served as the President of the Board of Directors between 2007 and 2009. She has continued to coordinate the FDC’s auction at its annual benefits since 2009. In 2014, her work was instrumental in responding successfully to S.B. 2798, a bill that would have had the legislative effect of overturning the FDC's landmark victory inIn re Yohan K. A vigilant advocate for parents who are wrongly accused in head injury cases, Ms. Broderick agreed to co-chair this year’s event due to her unsurpassed
4 commitment to justice for families in these types of cases. Though never formally accused of abuse or neglect, in 2003, Ms. Broderick’s own family was torn apart for 43 days. This tragic separation occurred after Ryan, at age four months, was purported to have a chronic subdural hematoma, allegedly due to shaking, but which was later shown not to have been present at all.
Tom Broderick, husband of Mary Broderick, is a park supervisor at Brooks Park with the Chicago Park District where he manages a wide range of programs for children and families. He received his Bachelor’s Degree in Parks and Recreation at Western Illinois University in 1992. Tom and Mary live with their three children in northwest Chicago and they are active in their children’s school, St. Thecla. The are very proud volleyball, basketball, and soccer parents.
Honorary Co-Chairs: Dorothy Roberts, Christopher Sullivan, Carolyn Kubitschek, Karl Dennis, and Anita Weinberg
Dorothy Roberts, Ph.D. is the University of Pennsylvania’s fourteenth Penn Integrates Knowledge Professor. An acclaimed scholar of race, gender and the law, she is also the George A. Weiss University Professor of Law and Sociology. Her appointment at Penn is shared between the School of Law where she is the inaugural Raymond Pace and Sadie Tanner Mossell Alexander Professor of Civil Rights, and the Department of Sociology in the School of Arts and Sciences. A prolific writer and researcher, she is the author or co-author of several books and has published over 70 articles and essays in books and journals including the Harvard Law Review, the Yale Law Journal and the Stanford Law Review. Dorothy has done pioneering research in the areas of race, class and gender, highlighting especially the ways in which social policy is biased against poor, minority pregnant women and mothers. She is one of the nation’s foremost academic legal scholars on issues regarding the child welfare system and is the award-winning author of Shattered Bonds, The Color of Child Welfare. Dorothy is a graduate of Yale University and Harvard Law School and serves as one of the Family Defense Center’s Champion Board Members. She is also the academic sponsor for the organization’s Mothers’ Defense Project. Dorothy was the Family Defense Center’s honoree for the 2009 Family Defender Award at its first annual benefit.
5 Christopher Sullivan, M.D. is a board-certified orthopedic surgeon who directs the Pediatric Orthopedics and Scoliosis Program at the University of Chicago Comer Children’s Hospital. He joined the surgery faculty at the University of Chicago in 1989, following residencies and further training in internal medicine, pediatric orthopedics and general orthopedics in Texas, Illinois and California.
Chris attended college at the Air Force Academy in Colorado Springs, Colorado, and attended medical school at UCLA while remaining on active duty. While at UCLA, he also earned a Master’s Degree in public health, focusing on epidemiology.
An outstanding teacher and clinician, Chris has developed an expertise in child abuse and bone fractures through research, writing, and expert testimony in juvenile court and DCFS proceedings. Courts have frequently relied on his testimony, finding his opinions more persuasive than the contrary testimony of other child abuse specialists in several Center cases. Among these cases is In re Yohan K., a recent precedential appellate court decision in which Chris, along with Dr. David Frim of Comer Children’s Hospital and Dr. Patrick Barnes of Stanford University, were found to have presented persuasive testimony that Yohan’s medical conditions caused his injuries, and the “constellation of injuries” present did not provide sufficient evidence of non-accidental trauma. Chris was the Family Defense Center’s honoree for the 2010 Family Defender Award.
Carolyn Kubitschek’s precedent-setting legal work is a major reason that there is a Family Defense Center. Her brilliant and winning legal theories in the 1994 case Valmonte v. Bane (challenging child abuse registries and the lack of due process in the state of New York) were instrumental to our victory in the Illinois class action suit Dupuy v. Samuels. Dupuy, started in 1997, took 13 years to conclude and resulted in sweeping changes in the child protection investigations and appeal system in Illinois. Carolyn’s 2004 victory in the New York Court of Appeals in Nicholson v. Scoppetta set the precedent that domestic violence victims possess constitutional rights to care for their children. Carolyn is the only lawyer to argue before the Supreme Court on behalf of children and family rights in a child abuse investigation in the past 21 years, as she did in March 2011 in Camreta/Alford v. Greene. Supreme Court Justice Samuel Alito, during the oral argument in Camreta, prefaced one of his questions to her with the observation, “You are well-versed in this area of law.”
Carolyn was a music major at Oberlin and is an accomplished pianist. After graduating from the University of Chicago Law School, she met her now-husband and law partner David Lansner when she worked at Mobilization for Youth (MFY) Legal Services. They formed their own law firm 15 years later, Lansner & Kubitschek. Carolyn was a clinical law professor at Hofstra University from 1985-1990, and has been an adjunct professor at Cardozo Law School since 2003. In August 2013, Ms. Kubitschek became Of Counsel to the FDC and appeared on our behalf in the Pennsylvania case D.M. v. Berks. Carolyn was the Family Defense Center’s honoree for the 2011 Family Defender Award. 6 Karl Dennis is a youth worker, a teacher, and a cultivator of strengths. His profound reputation is based on a fundamental principle which he brought to life and seeded; that children can best be served in their families, in their communities; that the assets and strengths of their situation are best known to those closest to the child. He retired as the Executive Director of Kaleidoscope, Inc., a non-profit community-based childcare agency in Chicago, where he provided leadership and vision for 27 years. Under Karl’s direction, Kaleidoscope became nationally recognized as one of the top five child serving agencies in the country. He is one of the country’s leading experts and pioneers of community-based care for the “hardest to serve children and families,” including WrapAround services, therapeutic foster care, pediatric AIDS care, independent living and long-term intensive family preservation services. He has helped orchestrate many state and private initiatives to return children from out-of-state placements, and has provided direct services to thousands of children and their families.
Karl’s first book,Everything is Normal Until Proved Otherwise, was written in collaboration with Dr. Ira Lourie, a noted child psychiatrist. The book is a series of stories about the children and families that Karl has worked with over the years coupled with commentary by Dr. Lourie. Written for parents and professionals, the book provides WrapAround guidance on the effectiveness of the process when people use creativity and compassion in the delivery of services. Karl was the Family Defense Center's 2012 Family Defender honoree.
Anita Weinberg, J.D., M.S.W., one of the Family Defense Center’s founding board members, has been a clinical law professor at Loyola University Chicago School of Law since 1998. Prof. Weinberg established and directs Loyola’s innovative Legislation and Policy Clinic and the Policy Institute within the Civitas ChildLaw Center. She is also the Director of the Lead Safe Housing Initiatives. Prior to joining the faculty at Loyola, she was the policy director for the DCFS Office of the Inspector General; she worked for several years with the Children’s Rights Project of the Legal Assistance Foundation of Metropolitan Chicago; and she represented children at the Office of the Cook County Public Guardian. She is a graduate of Columbia University School of Social Work and Loyola University Chicago School of Law. A gifted policy advocate and teacher, Prof. Weinberg has led countless major child welfare policy and education initiatives to protect family rights in the child welfare system. Anita was the Family Defense Center's 2013 Family Defender honoree.
7 Mistress of Ceremonies: Laura Washington
Laura Washington has been an award-winning columnist for the Chicago Sun-Times since 2001. She is also a political analyst for WLS-TV, the ABC- owned station in Chicago. She is a regular commentator on National Public Radio and Chicago Public Radio and previously wrote a column for the Chicago Tribune.
In 2010, she served as President of the Woods Fund following many years of service on the board of the Fund. From 2003 to 2009, she served as the Ida B. Wells-Barnett University Professor at DePaul University. She edited The Chicago Reporter, a nationally recognized investigative monthly specializing in racial issues and urban affairs, from 1990 to 2001, and also served as its publisher from 1994 to 2001. From 1987 to 1990, she was a producer for the investigative unit at CBS-2/Chicago. In 1985, Ms. Washington was appointed deputy press secretary to Mayor Harold Washington (no relation), Chicago’s first black mayor.
Ms. Washington has been quoted in Time and Newsweek magazines, The New York Times, and appeared on NBC Nightly News and The Lehrer News Hour. She has received more than two dozen local and national awards for her work, including two Chicago Emmys, the Peter Lisagor Award, the Studs Terkel Award for Community Journalism and the Ohio State Award for broadcast journalism. Newsweek magazine named her one of the nation’s “100 People to Watch” in the 21st Century. Newsweek said: “her style of investigative journalism has made (the Reporter) a powerful and award-winning voice.” In 1999, the Chicago Community Trust awarded her a Community Service Fellowship “for exemplary service, commitment and leadership in individuals from the nonprofit sector.” In addition to her community service for the Woods Fund of Chicago, she has been the board secretary for The Field Museum and has chaired the board of the Neighborhood Writing Alliance.
Ms. Washington earned bachelor and master degrees in journalism from the Medill School of Journalism at Northwestern University, where she has also taught and lectured.
Ms. Washington has been the Mistress of Ceremonies at each and every Family Defense Center benefit, returning by acclamation. We are very grateful for her leadership in making our program meaningful and memorable.
8 Meet this Evening’s Artists
William Wallin Pianist William Wallin is a retired attorney who worked in many offices for the State of Illinois, beginning with the Attorney General’s Office. He then focused his efforts on programs providing rehabilitation for disabled workers and that provided services to make it possible for disabled persons to remain in their homes. He returned to the piano after retiring; he had studied for about ten years as a child. He plays occasionally for his church and other organizations. He currently studies with Dr. Svetlana Belsky (www.svetlanabelsky. com), director of piano studies at the University of Chicago. He also regularly attends Sonata, an adult piano camp in Old Bennington, Vermont (www.sonatina.com).
Alejandro Romero
No artist captures human emotion better than Alejandro Romero, whose vibrant artwork graces our invitation. Mr. Romero has generously donated his work for our invitation and for tonight’s auction.
Alejandro Romero, one of the best-known Hispanic visual artists in the United States, was born and educated in Mexico. He moved to Chicago in 1975 and has adorned our city with murals, posters, and conventional paintings. Mr. Romero’s work can also be found in the permanent collections of the Museum of Contemporary Art, the National Museum of Mexican Art, and the Art Institute of Chicago, as well as the Museum of Modern Latin American Art in Washington, D.C., the Museum of the Print in Mexico City, and the Hermitage in Leningrad, Russia.
9 Louis Fogel, Community and Professional Service Recognition
It isn’t every day that the Family Defense Center honors a person who holds a Ph.D. in Chemistry as well as a law degree and who spends most of his professional attention on intellectual property litigation. Before describing how a patent litigator like Louis Fogel came to deserve the Family Defense Center’s special recognition, however, it is worth giving Louis some credit for his educational achievements and accomplishments in his “day job.”
Louis grew up in Minneapolis, and stayed in Minnesota for college, receiving a B.A. in Chemistry, with Honors, from Hamline University in 1994. He earned a Master of Science Degree in Chemistry, in 1997, from the University of Wisconsin and went on to get his Ph.D. in Chemistry from the University of Chicago in 2000. Louis stayed at the University of Chicago to earn a Louis Fogel second graduate degree, a Juris Doctor degree, from the Chicago. Louis also takes time to serve as a volunteer University of Chicago Law School in 2003. coach with his sons’ sports teams, including two basketball teams, a baseball team and a soccer team, all After completing law school, Louis began his legal in the past year alone. career in intellectual property litigation at Sidley Austin, then joined Ropes & Gray’s Chicago office in January Louis is married to Tamar Karsh-Fogel, and they are of 2010. In April of 2014, Louis became a partner at parents to three boys, Alex (age 12), Jonah (age 10) Jenner & Block. In all of these positions with leading and Zachary (age 5). It was through Tamar’s work as Chicago law firms, Louis has seen patent cases through an associate at Katten Muchin Rosenman in 2001 that all stages of litigation, in technology areas including Louis was introduced to Diane Redleaf and the FDC’s pharmaceuticals, medical devices, consumer electronics first board president, Briggitte (“B.B.”) Carlson, who and biochemistry. In 2013, Louis received the “Rising was one of the three incorporators of the FDC in 2005. Star” award by the Illinois Super Lawyers, which is Why Louis Fogel Is Receiving the Professional and awarded based on peer recognition. Community Service Award From The Family Defense The Family Defense Center is not the only organization Center that Louis finds time to support, despite his busy litigation schedule and family life. Louis is a Board When the Family Defense Center began its pro bono Member of the Illinois Chess Association and the Beth program in 2008, Louis Fogel was one of the first Emet Synagogue in Evanston, and he recently joined attorneys who offered to help seek opportunities in the board of the Newberry Hillel at the University of Chicago law firms, opening the doors to his then-firm Sidley Austin. He convinced the leadership of the firm
10 to consider our less-than-popular accused parent clients as worthy of the firm’s resources. Through this effort, he led the way to the involvement of several very active Sidley lawyers in our program. Scott Kramer was one of those enthusiastic Sidley Austin pro bono attorneys, as was Erin Kelly. Scott soon became a board member, and Erin led a team that won a domestic violence mother’s case for the FDC, which was later featured in Litigation Magazine. As Scott has commented about Louis’s role in enlisting him to pro bono service with the FDC:
Taking on a pro bono case for the Family Defense Center was one of the pinnacle moments of my formative years as an associate as Sidley Austin LLP. Without the tireless efforts of Louis Fogel, I never would have received this amazing opportunity. Due to Louis' dedication to the Family Louis and his sons seeing the sights in Chicago Defense Center's mission, he was able to bring these deeply personal and life changing cases to a private law firm with the resources and skills to truly make a difference in the lives of affected to the fiscal and programmatic well-being of the FDC families in the Chicagoland area and beyond. was unparalleled. In late 2012, when Helene Snyder replaced Michael O’Connor as FDC Board President The FDC approached Louis about joining the board, and Michael returned to the post of Treasurer, Louis and Louis began his service in 2009. When he left didn’t miss a beat: he promptly agreed to serve with Sidley Austin in 2010 and became a senior associate Jenner & Block Partner Michael Brody as co-chair at Ropes and Gray, Louis quickly enlisted his peers at of the very important Program Committee of the his new law firm to provide pro bono representation FDC. In that capacity, he guides the board’s review for FDC clients and provide other support (including of the FDC’s policies and practices regarding case providing meeting space for the agency’s 2010 annual acceptance, sliding scale fees, legal ethics, staffing and meeting). Shortly after the inception of the pro technological infrastructure. bono program, Louis helped to open doors. That role wasn’t limited to the firms Louis worked at: as Louis’ role as an ambassador for the FDC extended a true advocate for the FDC and its clients, Louis to taking on pro bono cases himself, including several spread the word about the excellent work of the FDC very challenging cases. In fact, Louis became known to colleagues, friends and neighbors. Louis took his as a lawyer the FDC could turn to in cases that were role both seriously and in good humor, and despite hard to place with the pro bono network of law firms. a killer litigation schedule, he never stopped actively True to form, Louis accepted these assignments advocating for the FDC. graciously and worked hard for these clients despite the difficulties the cases presented. He has even Once a member of the board, Louis soon became represented one of these FDC clients more than once. Treasurer (when Michael O’Connor assumed the role of President of the Board), in 2009. Louis’ attention In 2010, Louis represented a grandmother, Kathie
11 This was not the only time that Louis stepped forward to help Kathie and her children, however. Kathie’s home was ruined by a heavy flood in 2011. Kathie put up blocks to prevent the children from accessing the damaged parts of the home as well as the parts that were under reconstruction. After being informed by the Streamwood Police Department that her home was uninhabitable, Kathie moved her grandchildren to a safe home in Texas with family, and then vacated the premises herself. They only returned after the successful upgrade of their home to meet the safety code requirements. Despite her best efforts, DCFS still indicated Kathie for Allegation #77—Inadequate Shelter.
Louis represented Kathie at the Administrative Hearing, where he argued that Kathie had done Louis and his wife Tamar everything in her power to provide adequate shelter F., whose was indicated for environmental neglect for her grandchildren. Despite this evidence, the due to poverty. Kathie was caring for her three Administrative Law Judge ruled that Kathie’s home special needs grandchildren as their guardian and she had been a fire hazard at the time she had lived there could not maintain employment outside the home with the children, and therefore, her home presented a due to the near-constant medical appointments the significant risk of harm towards them. Unfortunately, children needed. Despite the fact that Kathie was a the evidentiary findings the judge made were difficult loving grandmother, the DCFS investigator indicated to overcome despite Louis’ best efforts, and the Kathie after visiting her home following a hotline indicated finding was sustained. call, claiming the home lacked heat; she had delayed A second FDC client whom Louis represented proved making electric bill payments; she faced foreclosure; even more challenging, because a legal argument the and her home was in a state of disarray. DCFS urged Center thought could be made in the case proved to be Kathie to walk away from her home—advice that, if unavailable after further research. In this case, Louis followed, would have made the family both homeless tried to protect a mother who had been indicated for and destitute. The FDC helped Kathie access utility letting her boyfriend, who had a criminal history, services for low-income people and connected her have contact with her children by picking them up with Louis through the Center’s pro bono program. from school. The Circuit Court of Cook County had Louis then represented her at an Administrative previously been notified of the relationship between Hearing. With Louis’ excellent representation, the Louis’ client and her boyfriend, and our client reported Administrative Law Judge concluded that Kathie’s her belief that the previous court proceedings had home did not present a risk to the children and “cleared” her boyfriend to have short-term contacts praised the loving care Kathie had given them. Louis’ with her children. Unfortunately, we were unable successful representation eliminated the indicated to prove this clearance, and a finding was sustained finding and enabled Kathie to continue to care for the against the client even though her children were not children. 12 harmed by the boyfriend.
The third client that Louis helped was more successful, and involved one of the FDC’s clients, Amanda T., who had been featured in our program video in 2013. After the Center successfully reunited Amanda with her son after a long ordeal, Amanda had a second encounter with DCFS investigators when her 10-year-old son was left home alone due to a misunderstanding between Amanda and her father as to her father’s babysitting responsibilities. Louis coordinated representation by the Ropes & Gray team of Meredith Dykstra and David Nordsieck, who were able to persuade the judge that Amanda had not been responsible for inadequate The Fogel family supervision due to this misunderstanding. Because of Louis’ help, Amanda was able to put this frightening encounter with DCFS behind her.
Louis’ multifaceted service to the FDC and to its client community and his commitment to justice for families in the child welfare system, including clients who face a deck stacked against them, is unparalleled. Louis completes his work with humility, grace, and patience. As an all-around fine human being, Louis would no doubt deserve an award just for being a pleasure to work with. But, as a person who has given stellar service to the FDC board, its pro bono program, its program committee and its clients, Louis richly deserves the Family Defense Center’s 2014 Community and Professional Service Award.
13 Goodman Theatre, Community Awareness Award For promotion of community awareness of the flaws and biases inherent in the child welfare system through their pro- duction of the play Luna Gale
Thr Goodman Theatre has been internationally recognized for its artists, productions and programs since its founding in 1925 by William O. Goodman and his family in memory of their son, Kenneth Sawyer Goodman. The Goodman is a major cultural, educational and economic pillar in Chicago. Named the nation’s “Best Regional Theater” byTime magazine, the Goodman Theatre has garnered hundreds of awards for The Goodman Theatre in Chicago, IL artistic achievement and community engagement, The Student Subscription Series gives 2,700 Chicago including Tony Awards and Pulitzer Prizes. Under public high school students a year the opportunity the leadership of Artistic Director Robert Falls to attend free matinee performances and post-show and Executive Director Roche Schulfer, Goodman discussions with actors. This program provides Theatre’s priorities include new plays, reimagined copies of scripts, study guides, online resources and classics, culturally specific work, musical theater and professional training seminars for teachers. Using international collaborations. Over the past 30 years, Goodman productions as a springboard, dramatic the Goodman has produced more than 100 world integration weekend seminars instruct teachers from or American premieres. Robert Falls’ productions of across Chicago and across disciplines on how to use Death of a Salesman, Long Day’s Journey into Night the arts to teach everything from science to English to and King Lear have been celebrated nationally and history. internationally, along with his artistic collaboration with actor Brian Dennehy. Diversity and inclusion Each summer, the General Theatre Studies program are cornerstones of the Goodman’s mission: over the engages 14- to 19-year-old students from across past two decades, one-third of Goodman productions Chicagoland in an intensive six-week theater (including 21 world premieres) have featured artists training program, culminating in an original devised of color, and the Goodman was the first theater in performance by the participants. Young women in the world to produce all 10 plays in August Wilson’s their junior year of high school are eligible for the Twentieth-Century Cycle. The Latino Theatre Festival Cindy Bandle Young Critics program, a joint venture has been a celebration of Latino theater companies of the Goodman and the Association for Women from Chicago and around the globe. Over the past Journalists, which provides training in theater two decades, the Goodman has produced 26 musical criticism, mentoring from professional journalists theater works, including 10 world premieres. and opportunities to interview stage stars like Carla Gugino and Brian Dennehy. The theater's internship Each year the Goodman’s numerous education and program provides hands-on training for students, community engagement programs serve thousands of graduates and young professionals interested in careers individuals from the local community. in professional theater. Past participants in Goodman
14 programs stay involved through the Youth Arts Council, acting as ambassadors for theater in their communities and schools.
CONTEXT events engage the local community in conversations and interactive experiences that both illuminate the productions and act as catalysts for deeper exploration. The Goodman's newest program, GeNarrations, is a writing workshop for senior citizens. These six-week sessions are presented in collaboration with the City of Chicago’s Department of Family and Support Services and other community-based organizations.
Goodman Theatre’s leadership includes the distinguished members of the Artistic Collective: Brian Dennehy, Rebecca Gilman, Henry Godinez, Steve Scott, Chuck Smith, Regina Taylor, Henry Wishcamper and Mary Zimmerman. As each brings their own unique perspectives to the Goodman, this remarkable group of people is a core element of the theater's worldwide reputation for artistic excellence, leadership and diversity. The Chairman of Goodman Theatre’s Board of Trustees is Ruth Ann M. Gillis and Sherry John is President of the Women’s Board.
Why the Family Defense Center is recognizing the Goodman Theatre with the 2014 Community Awareness Award:
The Goodman Theatre presented the world premiere of the playLuna Gale in its 2013-2014 season. This was a first-ever event in child welfare history, for the play presents an exceptionally powerful example of the complexity of child protection intervention in families—a topic rarely if ever presented on the stage. The outstanding production of this world-premiere play sympathetically portrays families at the same time as it gives a realistic assessment of the challenges families and child welfare systems face.
We all want to protect children but we want our social service systems to strengthen children and families, too. Luna Gale challenged our community to think about how children and families should be treated; it provided a deeper and realistic understanding of the importance of the child welfare system in caring for the children who will be tomorrow’s parents.
The Family Defense Center worked collaboratively with the Goodman Theatre to present the FDC's first-ever theater event on January 23, including through a post-play discussion on the night of our own sponsored event and in a community forum CONTEXT panel on February 3. Through this wonderful partnership, the Family Defense Center gained a greater audience for its own advocacy work.
The Goodman Theatre's commitment to making theater meaningful to the lives of the people in our community, including those whose stories have heretofore not been told, is exceptional and inspiring, making it the worthy recipient of the 2014 Community Awareness Award.
15 Meet Family Defender Ellen Domph
By Diane L. Redleaf “There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel
When we ask for support for our work at the Family Defense Center, the most frequent question we are asked is, “How do you know your clients aren’t guilty? How do you know that they haven’t, in fact, abused or neglected a child?” At the Center, we have developed many careful answers to this question, describing the intensive screening Ellen Domph, Family Defender process we employ, all designed to convince a skeptical would-be supporter that we are on the side of the lawyer is the shield against the sword, constantly angels. searching the State’s case for its flaws, shortcomings and overreaching accusations. And Ellen is a master Unlike the Family Defense Center staff and board, of discovering those deficiencies, and turning them Ellen Domph doesn’t screen her cases for proof of into gaping holes in the State’s case—holes so gaping innocence. Nor would she consider doing so. No that reasonable doubt that a crime has been committed criminal defense lawyer should ever have a threshold becomes apparent to the State, the judge, and the criterion of innocence of wrongdoing when offering jury. The clients who benefit from Ellen’s exquisitely legal representation to potential clients. Ellen is first refined development of the facts of her cases are not all and foremost a criminal defense lawyer, even though innocent, but they are often much less culpable than her defense often extends into juvenile court child the State first believed. protection cases and DCFS investigations. She is the first to acknowledge and readily accept that not all of Indeed, Ellen is such a seasoned criminal defense her clients are actually innocent. For Ellen and for attorney that when asked how on earth can she criminal defense lawyers, the job of an ethical defense represents someone who is “guilty,” she candidly lawyer is to insist that the State prove guilt within divulges that it is sometimes easier than defending the the bounds of the law, in accordance with the burden innocent. Often times, the falsely accused innocent of proof that rests on the State, not the defense. So clients are inexperienced with the criminal justice the question, as Ellen would reframe it, is not “how system; they are likely unaware of how their words does the Family Defense Center know the client is can and will be used against them. They do not know innocent?” but “what reliable and persuasive evidence the defenders’ adage, “if nobody talks, everybody does the State have to prove the client is guilty?” walks”—many insisting that talking to the police will help to "straighten things out," all against Ellen’s A defender’s job is to assure that the State has the advice. And because of their innocence, they do not evidence to prove its case—a criminal defense fit well within our criminal justice system, where
16 prosecution conviction rates are well over 90%. It learned just what a happy person Ellen was when I is neither just nor palatable for an innocent person to started writing this biography and interviewed Ellen plead guilty in the interest of preserving as much of in the juvenile court waiting room, where despite the their liberty as they can, though sadly it is done too acrimonious litigation, she revealed herself as a happy often. person. Ellen’s references to happiness throughout her career bubbled over as we extended my biographical The Family Defense Center isn’t honoring Ellen, interview of her to drinks at the Atwood Café. At however, for her decades-long work in exonerating every turn, Ellen describes herself as both happy and innocent criminal defendants and for zealously contented. For all the drama in the lives of her clients, representing all her clients—guilty or innocent. We and for all the intensity of the demands on Ellen’s time are honoring Ellen for defending innocent, wrongly- and talents, Ellen is a person who enjoys her life and accused clients and helping their families, regardless of who is loads of fun to be with. the courtroom in which high stakes charges of child abuse are leveled against them. The Family Defense By now, I have developed my own theory about family Center honors her for fighting, often as the lone voice defenders: they come from remarkable and happy and under intense pressure, for families’ rights to families. If my theory is wrong, Ellen isn’t the one to stay together and for avoiding findings of child abuse disprove it. that are simply wrong. While it turns out that Ellen is an outstanding family defender in large measure * * * because she is an excellent criminal defense attorney, Ellen’s father, Philip Domph was born and raised in most criminal defense attorneys haven’t devoted their New York City. Her grandfather was a patent lawyer, honed legal skills to the murkier area of child welfare but the crash of the stock exchange in 1929 caused as Ellen has done. Ellen is more than willing to fight him to lose everything he had accumulated. Her for families who face criminal and civil child abuse father, a brilliant man, known for his finesse in the allegations at the same time, or to take on medically stock market, had been studying geology in college complex cases defending parents in the juvenile court and was forced to return home to help support the even when no criminal charges have been levied. And family. He never had the chance to return to school. without that willingness to object and put on a masterful fight in medically complex cases like In re Yohan K., the Family Defense Center could not have won several important victories that protected children by defending their innocent parents.
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The first word that might come to mind about Ellen Domph, criminal defense lawyer, is “intense.” But the surprising first word out of Ellen’s mouth when she describes all the stages of her life, starting with her early childhood in Dayton, Ohio, is “happy.” I Ellen and her partner, John
17 He held many different jobs, from working in the healing warrior, there is no doubt that she gets a lot of shipyards during World War II and in electronics and that empathic determination from her mother. army surplus companies and the post office. Her father provided a secure and loving home, placing family While in the Pacific, however, Mollie Padlow above all, encouraging his children to have no limits to contracted a fatal anemia due to an anti-malarial their aspirations and achievements. medication. No cure was known and Mollie was shipped back to the US and hospitalized in one Ellen’s mother Mollie Padlow, a child of Russian military hospital after another, for three years, where immigrants who arrived in the US in 1913, had an she was expected to die. As Ellen’s aunt Shirley tells even stronger independent streak. At the age of 18, the story, she went to see Mollie and she “looked Mollie moved to Chicago in the hope of becoming dead,” but Shirley knew of a magical grape (the a journalist. But circumstance took her to Mt. Sinai Scuppernong grape) that grew in North Carolina that Hospital where she studied nursing. Soon after she got could “cure” the anemia. Ellen’s Aunt Shirley got her nursing degree, Mollie enlisted in the Army and Mollie shipped to a veteran’s hospital at Swannanoa, became a lieutenant—a front-line Army nurse—in the North Carolina and Mollie lived on, which was Pacific during World War II, where she was awarded especially fortunate for Ellen, given she had yet to be multiple medals. If Ellen has the personality of a born.
Ellen’s parents had a storybook romance. Every winter, Phil went to Miami to visit an uncle who lived there. After the war, Mollie moved to Miami, working as a nurse, staying in a boarding house nearby and they were “fixed up” by the owner of the boarding house. They married after knowing each other for only six weeks. Soon after their marriage, the couple moved back to Chicago. Karen, Ellen’s older sister, was born in Chicago. Later the family moved to Dayton and Ellen was born.
The family then moved to New York for a while and eventually back to Dayton. In the third grade, Ellen’s family moved to a home in the outskirts of Dayton. Ellen has nothing but fond memories of her childhood years there. It was safe and there were children galore to play with. Ellen did well in school and had lots of pals. Her parents were devoted to the family, and inspired her to succeed in whatever she wanted to try.
Ellen excelled in both speech and gymnastics. A foreshadowing of her exemplary oral advocacy skills came in 8th grade, when Ellen won the Lucy May Wyatt speech contest for the entire Dayton area. In Ellen and her sister Karen high school, Ellen was on the gymnastics team and
18 was a cheerleader. Later, as a college student at Ohio State University (OSU), Ellen made the varsity gymnastics team. At each stage, she was happy, busy, and enjoyed herself immensely. She had many different groups of friends (a point about Ellen that hasn’t changed to this day—she seems to be friendly with loads of lawyers and an equal number of regular folks).
In college, Ellen majored in Philosophy, History, and Hebrew, spending her junior year abroad at Tel Aviv University. She spent several summers working in a kibbutz—a collective farm in the Negev desert. Ellen credits the adventure into Ellen's sister Karen (left), niece Melissa (middle), and Ellen (right) kibbutz life to her longtime girlfriend Pam who saw as victims of terrible circumstances and an unjust was the first to bravely go there, raving on her return legal system. Feeling powerless to affect real, lasting that the experience could not be missed. During change for these delinquent youth, the seed to pursue her college years, Ellen traveled abroad where she law, although still unbeknownst to Ellen, was planted. performed in a water circus near London and traveled on a freighter from Athens to Barcelona. It was during After graduating with her M.S.W. degree in hand, these travels she met people from all walks of life. She Ellen moved to Chicago—the big city. She worked in learned to accept the differences in humanity, further a fundraising and policy position initially, but resigned strengthening her commitment to justice and equality, after a few months. Always as independent and self- forged at home. As she approached her graduation sufficient as she could be, she waited tables, which from college, she decided against law school despite eventually helped put her through law school. her father’s urging. At the time, she viewed law as a conventional profession and part of the “status Having left her social work job, while working in quo.” Seeing herself as an activist, Ellen decided to well-known local restaurant, a co-worker and John get a Master’s in Social Work degree, returning to Marshall law student, suggested she apply to John OSU for graduate school. Her M.S.W. program Marshall and she followed his advice. Once again, combined policy and clinical work. It also gave her a Ellen was happier than the typical law student direct exposure to the legal system and to clients who reports; she simply “had a wonderful experience would later become her clientele: her first practicum there.” Naturally, she did very well, as evidenced in placement in graduate school was at the Training part by her joining the Law Review (which is based Institute of Central Ohio, a maximum security facility on academic performance); and she was an Illinois for male delinquents. Bar Foundation Research Fellow. She also worked as a research assistant for Professor Jack Ingram, now While working at the Training Institute, Ellen got deceased, who specialized in insurance law, but was a creative and dramatic. She helped to direct a play at defender of civil rights, and together they published the institution and started a gymnastics program. The two articles in Law Review journals, including one residents, Ellen’s clients, included a boy who had killed on the Constitutional right to govern one’s personal his mother’s abuser and there were many others Ellen appearance, and the other on an employers’ duty to
19 accommodate the religious practices of an employee.
While in law school, Ellen was a 711 intern at the Public Defender’s Office at the Criminal Court at 26th and California. There, her supervisors included three lawyers who eventually rose in the judicial ranks. This position exposed Ellen to the real practice of criminal law, and when she graduated, she didn’t think twice about her career goals.
Like many criminal defense lawyers, Ellen started practicing law after graduation by simply sharing space with practicing criminal lawyers. Two of her mentors were Paul Bradley, who had previously graduated from John Marshall Law School, and Robert Bailey, an Ivy- John and Ellen shortly after they met League educated lawyer who had started his career in the Justice Department as prosecutor in Washington. odds, and is honored to be part of the Federal Between lawyers with very different styles, Ellen Defender program, working among the most talented gained both oral and written skills that the best defense lawyers. She loves the federal practice, but she criminal lawyer needs. Paul remains the best cross- also enjoys the variety of cases she handles throughout examiner Ellen has ever observed and Robert the best Chicago and collar counties. legal writer. Both offered sage advice how to navigate the knotty world of criminal defense. Ellen is very close to her sister and her nieces Sarah and Melissa. Ellen enjoys as much family life as she In 1982, Paul Bradley introduced Ellen not just to possibly can with her nieces and close friends. She the law but to an important other figure in her life: still travels frequently, and enjoys the cultural life in John Guenther. Ellen recalls first talking to John Chicago, attending theater and opera as much as she at O’Rourkes, a famous Chicago pub known for its can. literary and legendary clientele and its decor of wall- to-wall pictures of Irish poets. It was right after Ellen's Beside “happy,” another word that works to describe first murder case. After Bradley convinced her that Ellen is “successful.” I was surprised to learn that she John could be an interesting person to know because had won every single “shaken baby syndrome” trial he was an inventor, a sailor and a pilot, she decided to she had handled until she was the trial counsel in In re go out with him. Ellen beams when talking about all Yohan K. But at the Family Defense Center, we count of John’s qualities, including his creativity reflected in In re Yohan K. as the victory Ellen was compelled to the beautiful home he designed and built for her and lose to set the stage for a more sweeping victory on his inventions, particularly his latest creation—a safer appeal. SBS cases are notoriously hard to win, as Prof. car seat for children. Deborah Tuerkheimer’s book discusses. But Ellen saw In re Yohan K as a case the she knew she should In 1991, Ellen had the privilege of becoming a member win from the start. She say she usually knows when of the Federal Defender panel for appointed lawyers. she will lose, and she knew that Yohan’s case was not As a panel lawyer, Ellen appreciates the challenge of a case she should have lost. The reason—every doctor defending clients in difficult cases, against difficult
20 on the State’s side of the case couldn’t defend an abuse of a half-dozen solo criminal defense lawyers to whom position under her tough questioning. While the we refer clients when they need a criminal lawyer. resources of the prosecution seemed stacked against I’ve never handled a criminal case, and I have learned the family in the trial court, the appellate court was the hard way not to venture into this complex area of able to dispassionately review the record that Ellen law without a more experienced hand to guide me. had amassed (and Melissa Staas had briefed) to reach Because Ellen’s practice was primarily in an area in the conclusion that there wasn’t evidence of child which our office does not tread, our opportunities to abuse against the parents, and a “constellation of work together were limited. injuries” could not substitute for proof that each injury (subdural hematoma, retinal hemorrhages, and an This separation of our spheres started to unravel in alleged fracture) was due to abuse. June 2010. Ellen’s client had been left with a juvenile court finding of abuse in 2002 even though the alleged While she is happy, content, and successful, Ellen victim had retracted her allegations well before the acknowledges that she sometimes does feel embattled, juvenile court case began. In 2003, however, a jury as she did during the In re Yohan K trial. She feels saw it differently, and Ellen secured an acquittal in she is battling ignorance at times. Victories in cases criminal court. Even though the juvenile court case in which she wins acquittal or a “no abuse” finding had long been closed and the victim had recanted are sweet and joyous, but there is a tragic undertone: seven years before, DCFS “indicated” him for creating in even the biggest victories, Ellen cannot restore lost a “risk of injury” just by living in the home. Even months or years of liberty and cannot give back to the though there was no new allegation of wrongdoing, he parents the months and years of life with their children was forced to leave his home. Exonerating him from in their own homes. Often she is haunted by the fact the new DCFS charges became essential to enable that the damaged families are left to attempt to rebuild him to live with his family. The spheres of our work their shattered lives and heal the wounds inflicted on and Ellen’s were moving closer together. With a lot of them by a sometimes fractured system. help from Ellen, our staff attorney Allegra Cira Fischer succeeded in exonerating him, enabling him to reunite * * * with his family.
I got my own first opportunity to work with Shortly thereafter, Yohan’s parents contacted the Ellen closely just a few months ago. I had known Family Defense Center, seeking representation in Ellen, however, for nearly 15 years because she had juvenile court. The case was extremely complex befriended a neighbor whose daughter, then age 5, medically and our resources were too strained to take had been brought to the attention of DCFS. Referred on a case that involved subdural bleeding, retinal to me by Bruce Boyer at Loyola ChildLaw Program, hemorrhaging and alleged fractures, even though the Ellen’s advocacy for her neighbor went far beyond the parents’ story was very sympathetic to us. By this level of involvement of all but the rarest of neighbors. time, we were aware that Ellen had experience with Despite the difficulties of the case as it unfolded, alleged “shaken baby” cases, however, and we referred Ellen was consistently kind and supportive to her the clients to her and other counsel with similar neighbor, trying her best to get her the legal and social expertise. Melissa Staas, who had been developing work supports she needed in order to continue her expertise in head injury cases through several juvenile relationship with her daughter. court and administrative hearings in which she Because of this early connection, Ellen joined our list successfully exonerated parents, kept in touch with
21 Ellen. Melissa watched some of the trial that spread conditions through the three medical experts who over months and eventually included testimony by 11 testified on behalf of the parents. As a solo attorney doctors in a half-dozen different areas of medicine. up against three opponents (the State’s Attorney, guardian ad litem and DCFS) who aggressively sought My memory of my own agreement to take on the to have the court determine Yohan was abused, Ellen’s Yohan K case on appeal is clouded, but Melissa Staas, stamina, persistence, and constant quick thinking— who eventually became the lead appellate attorney borne of careful thought about every piece of evidence in the case, assures me that that agreement had for and against her clients—were the reasons the case been broached early on in Ellen’s representation of could be won on appeal. Ellen’s defense of Yohan’s Yohan's parents. By then, Melissa had been tapped parents is a testament to the importance of excellent for several webinars and a national training at the lawyering to the pursuit of justice. While Deborah National Association of Counsel for Children’s Annual Tuerkheimer documents the injustice that can come Conference on medically complex cases. It made from inadequate defense counsel, Ellen’s work in the sense for me to agree that Yohan's case would provide Yohan case illuminates the opposing point: where an excellent opportunity to put Melissa's developing excellent legal counsel are able to present cases to the knowledge to use in a potentially important appellate very best of their ability, and persevere, justice can case. I also had only a barest inkling of the complexity triumph and important precedents can be created. of the factual record Ellen had masterfully amassed in the case. After In re Yohan K., other high stakes cases have come to the Family Defense Center that have required This agreement looked like a moot point after the Ellen’s assistance. Recently, the FDC made the juvenile court returned Yohan and his sister home. The unusual decision to take on a role in a criminal case, court had decided that Yohan had been abused but the in which Ellen is the lead attorney. The case is likely question of who perpetrated this abuse could not be to go to trial this winter, giving Melissa Staas her first determined. The abuse finding was clearly difficult to jury trial experience under Ellen’s expert guidance. swallow (because it was wrong), but the high cost of Part of the reason the Center agreed to accept a case an appellate case and the risk of undoing the order that outside our wheelhouse is that all the training on jury returned the children home made an appeal risky. The trials in the world cannot replace the opportunity to sit parents were prepared to let their deadline for appeal next to Ellen Domph as she cross-examines witnesses expire. But the choice of appealing the case was forced or methodically lays out the facts in summation. upon them when the Office of Public Guardian filed an appeal, nominally on behalf of Yohan and his sister, Until April, 2014, however, Melissa was getting all seeking to return the children to DCFS custody and the direct opportunities to work with Ellen and I remove them from their parents once again. was getting only the indirect supervisor’s reports. That changed abruptly when I agreed to represent a Melissa did a superb job of briefing the complex mother in a long-pending medically complex juvenile medical evidence in the case. But it was Ellen who court case that went to trial in August. The case had done all the work over nearly two years to develop involved parents whose older child suddenly died the factual record, by critically undermining each of what turned out to be a medical condition and and every one of the State’s eight medical experts and whose younger child had been placed in foster care. masterfully presenting the well-supported alternative I had been involved with the case for several years, explanations (differential diagnosis) of Yohan’s but only on the administrative aspects of DCFS's
22 handling of services for the family. In January 2014, however, the father hired Ellen to represent him the upcoming juvenile court trial, and in March, 2104, the mother’s former counsel withdrew from the representation he had been providing since 2011. With the case initially set for trial in June, the mother, whom I had been assisting to get appropriate services, was suddenly without any representation at all. She and the father, along with Ellen, started to lobby me to take on the case for trial. I agreed.
Working with Ellen was a rare opportunity to work alongside and learn a few new tricks of the An indomitable legal team: FDC staff attorney, Melissa Staas trade from a pro. There wasn’t a sentence in the (middle), 2014 Family Defender Ellen Domph (middle), and FDC lengthy expert reports that Ellen didn’t pore over, Executive Director Diane Redleaf (right) at the FDC offices. analyze and question until she was satisfied that she understood the cause, other potential causes, deal about how to better represent clients who face how the State might present the point, and how the serious criminal charges. The clients of the Family fact might be used to mount the larger defense of the Defense Center are the beneficiaries of the on-the-job client. Along the way, I was cautioned more than training that working with Ellen has provided to both once not to give away anything. For once in my own Melissa Staas and me. long career, I became the “Jeff” to Ellen’s “Mutt”—the As this biography is going to print, Ellen and Melissa person that the opposing counsel called first when are busily preparing for a training they are doing at the they wanted something. I wasn’t used to being quite Public Defender’s office on Shaken Baby Syndrome so circumspect about every word I uttered to opposing defense. I’m in the throes of withdrawal from daily counsel. And I wasn’t used to working quite as contact with Ellen in the DuPage County juvenile hard on a case with a person who was every bit as court case when Ellen’s cheery and energetic voice experienced as I am. is heard emanating from Melissa’s office. She has As we toiled in courthouse waiting rooms, took become almost a fixture in the Center’s offices, a court breaks, or drove out to DuPage Juvenile Court virtual staff member, and unquestionably a mentor. together, Ellen and I had a running dialogue about She makes us proud to be defenders. She is happy to the respective roles of the criminal defense attorney be a lawyer defending families, and she inspires us to and the civil litigator in child protection cases. I like continue to press on in the glorious fight for justice to think she has learned a bit from me about child that we are now joined in together. protection cases in which criminal court defense thinking isn’t at the forefront of the considerations that have to be managed. I certainly have learned a great
23 Meet Professor Deborah Tuerkheimer, A Scholar of Sound Convictions
By Diane L. Redleaf “The best lack all conviction, while the worst are full of passionate intensity.” -William Butler Yeats
Professor Deborah Tuerkheimer is an unlikely hero in the national shaken baby syndrome (SBS) innocence movement. But by now, she is widely recognized as the leading academic legal scholar to address the gross and epidemic injustice of shaken baby syndrome prosecutions that became increasingly prevalent in the 1990s. She has documented, through painstaking Family Defense Scholar, Professor Deborah Tuerkheimer research, that an unacceptably high number of SBS criminal convictions rest on a fatal combination of As Deborah Tuerkheimer tells her own biography, flawed science, simplistic but appealing explanations the answer is that the stories she tells about the cases that prevail over more complex truths, overly zealous she encountered involving wrongly-accused caregivers prosecutors, inadequate defense counsel with were so powerful and so important that she had no insufficient resources to respond to claims that falsely choice but to bring them to light. She also had no purport to be based on unassailable science, and a choice but to analyze these cases closely and pursue the court system that values finality over accuracy of consequences of that analysis to their conclusion. Like results. an artist who views herself as a mere instrument for To hear Professor Tuerkheimer tell of how she became the work she brings forth, Deborah Tuerkheimer has the preeminent voice of reason about this contentious a gift for letting the story of misplaced prosecutions topic, it simply seems as though she couldn’t stop tell itself. At the same time, she brings to bear on herself until she got the job done. One article led that story a compelling combination of passion and to another and she couldn’t help but dig deeper and dispassion to the subject: passionate conviction deeper into the complex legal and medical quagmire about the truth; dispassion in being utterly objective, she had stumbled upon. Deborah Tuerkheimer is, reasonable, analytical, and thorough in the way she first and foremost, a feminist legal scholar, a former approaches the task of investigating her subject— sex crimes prosecutor whose central academic interests flawed shaken baby syndrome convictions. Her have focused on domestic violence and rape laws. version of “passionate intensity” (in the words of How then did she become a brilliant voice for the William Butler Yeats) is the same quality of all the wrongly-accused caregivers, the criminal defendants best scholars and advocates. She does not cling in who find themselves in jails and prisons, and the desperation to a false belief, but she applies careful parents in the child welfare system who are losing their historical research, science, and psychological and children because of shaken baby syndrome claims? legal analysis to the question of what went wrong in so many cases in which innocent people have been jailed and torn from their families.
24 Deborah Tuerkheimer’s work is leading the way to did very well in school, attending college at Harvard a new consensus that many shaken baby syndrome University where she graduated with honors. She prosecutions rest on flawed science, outdated practices, majored in psychology, which she found fascinating. and misplaced policies. The double meaning in the She was interested in pursuing psychology as a career; title of her book, Flawed Convictions: Shaken Baby she researched and wrote about play therapy and Syndrome and the Inertia of Injustice, is obviously considered becoming a child psychologist. Deborah’s intentional. In the world of child welfare and in interest in psychology becomes evident in the exquisite the world of criminal law, nothing is so dangerous details she provides of the compelling psycho- as a passionate but flawed conviction that a parent emotional dynamics of shaken baby syndrome cases or caretaker is guilty of a heinous act of child abuse. and the complicated psychological reasons SBS has Deborah Tuerkheimer is at the forefront of dispelling become so entrenched within the justice system as a the flawed convictions about Shaken Baby Syndrome preferred explanation. An interest in issues of justice in the medical and legal worlds and in the public prevailed, however, and as graduation approached, mind. Deborah decided to apply to law school rather than pursue graduate work in psychology. * * * Deborah was accepted at the law school that is best Deborah Tuerkheimer comes by legal scholarship and known for producing legal scholars: Yale. After her legal practice naturally. She is the daughter of a law law school acceptance, however, Deborah decided to professor, Frank Tuerkheimer, who teaches criminal take some time off before starting law school in 1993. law and procedure, evidence, and trial practice in She moved to Colorado and worked in a bookstore. addition to having his own law practice. Her mother, Colorado proved to be an idyllic break from school Barbara, also an attorney, has worked in the Wisconsin and allowed her time for two of her avid interests: Attorney General’s Consumer Protection Division. reading and skiing. Deborah’s family now mirrors the one she grew up in: she is the family’s legal scholar while her husband is a Informed by her time in Colorado and love for nature, prosecutor with the U.S. Attorney’s Office in Chicago. when she entered law school, Deborah considered They have two sons. pursuing an interest in environmental law. After her first year of law school, she worked that summer for In 1970, Deborah’s parents moved to Madison, where the National Wildlife Fund. A law school class with Deborah grew up. [Coincidentally, the national SBS Prof. Reva Siegel, a pioneer in feminist jurisprudence, Innocence Fellow, Kate Judson, is now housed within changed Deborah’s perspective on the law and her the University of Wisconsin/Madison Law School and practice plans. In Deborah’s words, “Prof. Siegel will be working with a new project devoted to SBS gave me an entirely new perspective on the law as a exoneration next year (see p. 38)]. She has one brother, reflection of particular biases, interests, and normative Alan, also a lawyer, who is two years her junior. As she commitments, many of which serve to disadvantage and Alan grew up, they were imbued with an interest the vulnerable and relatively powerless among us.” in social justice. Deborah always wanted to work to make the world a better place and she was fortunate Deborah put her interest in women’s rights into in having role models who made it possible for her to practice during the summer between her second year believe she could succeed. and third year of law school. She worked out an unusual split summer employment plan: she worked No one would be surprised to learn that Deborah
25 for both the Manhattan District Attorney’s Office Reflecting on her experience at the Manhattan District and the ACLU Women’s Rights Project. Between the Attorney’s office, Deborah notes several features of two offices, she was quickly finding her own niche as a the office that made it a good fit for her. The head of specialist in domestic violence and sexual assault—an the office, Robert Morganthau, was a person who ran interest that was so strong that it eventually led her the office in a principled, not political, way. He gave into academia so that she could write, think, and teach autonomy to attorneys in the office to manage their about these subjects for a broader community. own cases without interference from the top. And he gave attorneys like Deborah freedom to pursue their After law school, Deborah clerked for Justice Jay interests in areas like domestic violence. Moreover, Rabinowitz on the Alaska Supreme Court. This the office was a perfect setting in which to amass clerkship was another formative experience, as Justice high-level trial experience and gain trial skills very Rabinowitz was an “iconic judge” who was very quickly, which gave Deborah a wealth of knowledge progressive and scholarly in interpreting the Alaska to draw on when she subsequently began her teaching constitution to expand rights in areas in which the career. United State Constitution had been interpreted more restrictively. What the office did not afford her, however, was any spare time to think and write. Eventually, Deborah’s After her clerkship, Deborah decided to return to the desire to write about the law and think about it Manhattan District Attorney’s office to practice full more deeply took over and she applied for teaching time. There, she continued to carve out her own niche positions. With her stellar academic credentials, involving crimes against women and girls. She became coupled with her five years of prosecutorial experience an office expert on domestic violence and was able to in a respected district attorney’s office, Deborah was work on behalf of her office on implementing major offered an assistant professor position at University of anti-stalking legislation. Maine Law School, where she began teaching in 2002. While a prosecutor, Deborah also handled child She stayed in Maine until 2009, when DePaul Law abuse cases. It was in that capacity that she first School hired her for a professorship. She remained at encountered shaken baby syndrome as a basis for the DePaul for five years, before moving to Northwestern criminal prosecution of a caregiver. At the time, she University Law School as Professor of Law in July of didn’t give much critical thought to the underlying 2014. scientific basis for the belief that a particular set of * * * medical findings can only be produced through violent shaking. Like virtually all prosecutors at the I first heard Deborah Tuerkheimer’s name from our time (the late 1990s), there seemed to be no reason first (2009) Family Defender honoree, Professor to doubt the medical experts who proclaimed that Dorothy Roberts, who was recommending to me subdural hematomas (bleeding under the dura of the other academics who might have an interest in the brain), retinal hemorrhage, and brain swelling (i.e., work of the Family Defense Center. Dorothy Roberts the classic “triad”) could only have been caused by is someone Deborah and I consider to be one of our violent shaking by the very last person who touched heroes. But I now realize that it must have been the baby. But a single reported decision eventually quite early in Prof. Tuerkheimer’s tenure at DePaul piqued Deborah’s interest in questioning that very when Dorothy mentioned her as an “up and coming” assumption. scholar who did interesting work that jived with our
26 to engage her in more of our work would have been politely declined anway!). I was grateful to have this opportunity to discover our mutual interests at long last. Once the connections between Deborah’s scholarship and our own agency’s work had been discovered, however, there has been no turning back. There is no doubt that Deborah will continue to be a scholarly voice we heed and a person we turn to for years to come to help us think about legal problems and solutions.
* * *
“How did you get interested in shaken Professor Tuerkheimer at work in her office baby syndrome?” I asked Deborah when we met to prepare this biography. After all, the topic own. Only in preparing this biography did I realize isn’t one toward which a former prosecutor who that Deborah hadn’t been in Chicago for long before I focuses on feminist jurisprudence would necessarily heard about her. But Deborah and I did not actually gravitate. The answer surprised me: it was a single meet until January 2013. case that had a result that intrigued her and piqued her curiosity. In 2008, Audrey Edmonds, who had The occasion of our meeting gave me a much richer been convicted of first degree reckless homicide due flavor of the work Deborah Tuerkheimer does in to “classic” SBS triad-based prosecution in 1996, her role as a feminist scholar. She was the faculty had her conviction overturned on appeal. Deborah adviser for Law Students for Reproductive Justice, learned of the decision and thought it was especially and LSRJ was hosting a Midwest Conference at interesting—either the appellate court got it wrong, DePaul Law School. The theme of the conference or there were very important implications for other was on the reproductive right to parent, and Prof. prosecutions if the appellate court was right. Until Tuerkheimer gave a talk that preceded mine. Her talk then, Deborah had not seriously questioned the highlighted the law and practice issues involved in medical experts who claimed shaking was the “sole” the deprivation of basic rights for pregnant women, possible cause of the common cases in which the triad violence perpetrated against them, and the legal (or sometimes even just one or two parts of the triad) system’s response. I wish I kept my notes of her talk, of symptoms appear. Deborah had been considering because it was both scholarly and powerful. Deborah the issue of finality of convictions, and the evolution of introduced me as the next speaker and was her typical medical science posed an interesting challenge to the gracious, appreciative, and complimentary self. I usual assumptions about how final a conviction should immediately regretted that I had not pressed to involve be when she came upon the Edmonds decision. her in our Mother’s Defense Project sooner. (In my defense, I know that Deborah was so engrossed in Deborah started thinking more about the special work on her book for the past two years that my efforts challenges that SBS prosecutions posed for the finality
27 Inertia of Injustice (published by Oxford University Press).
In the intervening time between Deborah’s first article and her book, a great deal has changed. Dozens of news and feature stories, including from the national press, have highlighted the unstable foundation on which shaken baby syndrome prosecutions have rested, including the false assumption that the last person who was with the child must have been responsible for that child’s symptoms. As much as any single person could be responsible for the shift in public understanding, Deborah Tuerkheimer has changed the general understanding of the flaws in Shaken Baby Syndrome cases by examining under a microscope the ways in which the justice system has made tragic mistakes.
“Is the issue of false convictions for shaken baby syndrome a feminist issue?” I wondered aloud when Professor Tuerkheimer with research assistant I met with Deborah to prepare this biography. “How does this interest mesh with your interests of prosecutions. She started writing. Writing led to in feminist jurisprudence?” Deborah answers that her first publication on the subject, which proved to she is convinced there is a connection, because the be a seminal work. Entitled “The Next Innocence commonly accused caregiver in a triad-only SBS case Project: Shaken Baby Syndrome and the Criminal is a female day care provider, who is providing care so Courts” and published in Washington University Law that a mother can work outside the home. She believes Review in August 2009, Deborah’s article gained a that social anxiety about women in the workplace great deal of attention, positive and negative, from and uneasiness about the lack of maternal care can lawyers, doctors, and scholars. Deborah also wrote feed into society’s readiness to demonize the person an Op-Ed piece entitled “Anatomy of a Missed who is alleged to have shaken a baby. So while the Diagnosis” that was printed in the New York Times on subject of SBS convictions isn’t a mainstream one September 20, 2010. Between the law review article for her as a feminist legal scholar, she does see a tie and the New York Times piece, Deborah started both between her decades-long interest in advancing the a flurry of discussion and a backlash. More and more position of women in our legal system and in securing cases came to her attention. Labeled a “denialist,” fair treatment of women in our justice system. The Deborah was compelled to fight back on the only and majority of the prosecutions for SBS that Deborah has best terms she had: her analytical power channeled reviewed have involved female caregivers who are not into her pen (or word processor). For over two years, the biological parent of the child allegedly shaken. her response was being formulated. And in April 2014, that response was released for the public to read: Legal decisions help to forge any new consensus, but Flawed Convictions: Shaken Baby Syndrome and the legal scholarship like Deborah’s is the background
28 that informs enlightened judicial opinion. A new “It is heartbreaking that so many people—hundreds— consensus is emerging, even though innocent remain in prison because of erroneous medical caregivers continue to be imprisoned based on the testimony that shaking is the only possible cause of a flawed science that had been presented at their trials. child’s symptoms,” Deborah notes. At the same time, she remains an optimist that the growing skepticism This past spring, Jennifer Del Prete, a day caregiver about equating SBS and the triad of symptoms is who had been in prison for 12 years and whose case is becoming mainstream. Together with the Family profiled extensively in Deborah’s book, won a finding Defense Center, the Innocence Project and Innocence by the federal district court in Chicago of “actual Network, and hundreds of lawyers, doctors, and innocence,” because, in the words of the judge, she parent advocates, Deborah Tuerkheimer has diagnosed was convicted based on a diagnosis that had become the problem of flawed convictions, and with great care, “highly suspect.” Given what we now know, the judge has prescribed the proper treatment. continued, a diagnosis of SBS is arguably “more an article of faith than a proposition of science.” Jennifer At the Family Defense Center, we are forever grateful was released from prison on April 30, 2014, though it that a former prosecutor and feminist scholar has remains unclear if she will be retried. Among the only decided to turn her dispassionate attention to public appearances Jennifer has made since her release exoneration of wrongly-accused caregivers in SBS was coming to Deborah’s first book talk, and we are cases. Professor Deborah Tuerkheimer richly deserves delighted that she is also coming to our annual benefit the 2014 Family Defense Scholar award. this year.
I was wrongly convicted of SBS in Boise, Idaho . . . my family and myself have been living a nightmare. Still to this day we have more questions than answers, however wanted to say how thankful we are that Professor Deborah Tuerkheimer wrote the book titled “Flawed Convictions.” It takes courage to stand up to a broken system and show that the government has gotten it wrong. Her book has opened my eyes and shown me legal ways in an easy to read format, so that one day soon my family will have justice. It has also shown me that I’m not alone in this fight. Thank you!
I also wanted to mention two people who have been instrumental in my fight for justice. Sue Luttner from California who has a SBS blog and Susan C. Anthony who wrote the book titled “SHAKEN What To Do If You’re Wrongly Accused.” Both these remarkable women deserve recognition for the time and effort they have spent supporting the wrongfully convicted of SBS.
As I write this letter from my prison cell, I want you all to know that if not for your hard work, many others would be wearing the shoes I’m now forced to wear. My fight will not stop after my conviction is thrown out, as this tragic event and the loss of my baby girl in a weird way has given me purpose to fight against wrongful convictions of SBS.
-Excerpts from letter from Jeffrey B.
August 27, 2014
29 Flawed Convictions: A flawless piece of legal research and analysis on a crucially important issue Review by George Barry of Deborah Tuerkheimer’s Flawed Convictions: Shaken Baby Syndrome and the Inertia of Injustice
The primary message of Professor Deborah Tuerkheimer in her engrossing new book, Flawed Convictions: Shaken Baby Syndrome and Inertia of Injustice, is straight-forward, but frightening. Over a period of years—primarily 1990 to 2005---people were convicted of shaken baby syndrome homicides based exclusively on scientific evidence that has since been discredited. The discredited science was that a “triad” of medical findings in the examination of an infant who had suddenly lapsed into unconsciousness or death—subdural hematoma, retinal hemorrhaging, and brain swelling—could only result from severe acceleration and deceleration forces characteristic of a high speed automobile accident (whiplash) or violent shaking by an adult. The people convicted were caregivers who had had control of babies at the time they lapsed into neurological crisis. These individuals continue to languish in state penitentiaries across the country or they live their lives outside of prison under the horrible cloud of a criminal homicide conviction. Reviewer George Barry with his daughter, FDC board member Kathleen Barry While in theory a trial by a jury that has to be persuaded unanimously of guilt beyond a reasonable defendant made the simple exculpatory statement that doubt would appear to afford significant protection she (most are defendants are female) did not know why to an accused defendant, in Flawed Convictions, the child lapsed into unconsciousness or death, but Professor Tuerkheimer discusses factors which that she, the defendant, unequivocally denied shaking rendered that protection largely illusory for those the infant, it was argued that the defendant must be accused of SBS homicide in “triad-only” prosecutions. lying because the science was certain that there had to have been shaking. There are three factors that explain the difficulty the defense has in overcoming triad-only prosecutions. At On a psychological level, defendants were victimized the most basic level, the purported scientific certainty by the jury’s need to “mitigate the tragedy” by doing that the triad could only result from violent shaking “justice for the baby.” There was the potential for by the adult present at the time the child’s neurological everyone, except the accused defendant, to feel crisis occurred disarmed defendants from offering somewhat better about the death of an innocent child any possible statements in their own defense. If a if the perpetrator could be identified and punished; prosecutors capitalized on that potential. 30 Also important was the fact that, while the prosecution the (faulty) science” that was being testified to by in the triad-only cases claimed to have a single prosecution medical experts. narrative that definitively explained what happened to the victim (that he was violently shaken to death by the Confessions do not confirm guilt. Professor defendant) and medical experts to testify (erroneously Tuerkheimer also has a sobering message for those as it turned out) to the scientific validity of that who would like to think that that this particular theory, even a properly presented defense typically type of flawed conviction is perhaps not so wide- had no single explanation. At best, the defense was spread, given that a large number of those convicted left only with a set of possible explanations. While of SBS homicide in triad-only prosecutions did in any of those possible explanations may in theory have fact “confess” or plead guilty. The book details why been plausible enough to create reasonable doubt no fair minded person should take any comfort from and thereby secure acquittal, in the real world, as the fact that there were confessions or guilty pleas in Professor Tuerkheimer points out, defendants are some of these SBS homicide cases, as both confessions not routinely acquitted due to the burden of proof. and guilty pleas are extremely suspect because of In the real world, when the trial presents a single the emotional vulnerability of these defendants and prosecution narrative versus a defense based on an because of the way in which these cases were handled “amalgam of possibilities,” the single prosecution by police and prosecutors. narrative usually wins out. The prosecution of these Post-conviction process is unavailing for many of the triad-only SBS cases took advantage of “the particular wrongly convicted. Flawed Convictions explains that power that scientific explanations can have over in theory the criminal law establishes a very high juries.” Unfortunately, in these cases, that scientific burden of proof for the state to obtain a conviction. explanation was fundamentally erroneous. Once the trial has occurred and the conviction has Defense counsel are often not up to the job in these been obtained, the criminal law is exacting as to what high stakes cases. Flawed Convictions stands as a stark must be established by the convicted defendant to reminder of the fact that the presumption of innocence obtain a reversal on direct appeal and even more so as and the high burden of proof to convict at trial can to what is required to vacate a conviction in collateral be frittered away by inadequate defense counsel. The proceedings which ordinarily occur in federal court. defense of most of these cases should have proceeded, These heavy burdens on the convicted defendant are by cross examination of prosecution medical experts in furtherance of the great interest that the law has and presentation of opposing defense experts, to in establishing the finality of criminal convictions. question whether any crime had in fact occurred, or Neither the direct appeal of convictions nor the whether the child’s neurological crisis was instead the collateral proceedings to have criminal convictions result of other causes than violent shaking. Instead, vacated make any special provision for cases that in most of the cases discussed in the book, defense are based on evidence that has been scientifically counsel virtually conceded that the baby had been discredited since the trial, as in SBS triad-only cases. shaken to death, but tried to thrash around for some The fact that the weight of all medical authority may explanation as to why their client, the last adult on have accepted the triad as “pathognomonic” of violent the scene, was not the person who did the shaking. shaking seven or eight years ago, but no longer does so This book is all about the tragic consequences of today, is arguably new evidence, but not indisputably that approach to these cases by defense lawyers who so. In addition, whether or not the erosion of the failed, for lack of energy or lack of budget, to “engage scientific basis for the triad-only cases is new evidence,
31 it can generally only help a convicted defendant if this and deceleration forces characteristic of either a high- could not have been discovered with the exercise of speed automobile accident (whiplash) or an adult reasonable due diligence at the time of trial. The more violently shaking the child. The medical profession recent the conviction, the more difficult this burden also believed, again mistakenly, that the observable can be for incarcerated defendants. manifestation of the triad, which was the child lapsing into unconsciousness or death, would occur Flawed Convictions tells how the post-conviction immediately after the felonious shaking. This was the appellate process and the process for obtaining key to identifying the responsible adult. Diagnosis of collateral relief are hamstrung by traditional legal rules shaken baby syndrome based on the presence of the and ill-equipped to deal with convictions that resulted triad therefore became a diagnosis of causation and from extremely definitive scientific testimony by the basis for identifying the perpetrator---first among medical experts that was not challenged at trial, even the nation’s doctors and then, especially in the period though that science later turned out to be faulty. The 1990-2005, in the nation’s criminal courts. In effect, book points out the irony of how the post-conviction when the triad of medical findings was present in a prospects of those convicted exclusively on the basis of seriously injured or deceased infant or toddler, doctors this bad SBS science suffer for lack of a scientific proof were willing to testify that the baby must have been of innocence, such as DNA, which the public and violently shaken and that the adult who was with the the appellate courts have now become accustomed to baby when his neurological crisis occurred must have accepting. been responsible. Prosecutors were eager to argue that Since the existing post-conviction processes in either there was nothing left to say in that person’s defense. direct appeal or collateral proceedings will not provide The fact of the matter is that careful scientists should relief in many of these cases—and where they do, it never have viewed the triad as unambiguous proof may only be after great delay—Flawed Convictions that the afflicted child had been the victim of violent forces all of its readers to confront the fact that some shaking by the adult who was with the child at the special review processes will be required specifically time he became unconscious. Professor Tuerkheimer for those convicted of SBS homicides in triad only explains how the fundamental but erroneous idea that prosecutions, unless the system is ready to abandon the triad was “pathognomonic” of violent shaking a certain unknown number of factually innocent was a distortion of the idea first hypothesized in caregivers to lives in prison or under the shadow of 1971 by Dr. Norman Guthkelch, a British pediatric erroneous SBS homicide convictions. In other words, neurosurgeon. Dr. Guthkelch never suggested that Flawed Convictions makes a compelling case for why the triad was pathognomonic of shaking---that only there is—RIGHT NOW—a desperate need for shaking (or whiplash as from an automobile accident) prosecutors to review old cases to identify and rescue could cause the triad. Furthermore, if the elements wrongfully convicted SBS defendants. of the triad were caused by shaking in a particular Over the course of the 1970’s and 80's, the presence case, Dr. Guthkelch never said that the shaking of three medical findings taken together—the triad would have to have been violent to a degree that any of subdural hematoma, retinal hemorrhage, and brain reasonable person would have recognized it as abusive. swelling—came to be mistakenly understood by the On the contrary, Dr. Guthkelch’s work was meant medical profession as definitive proof that the infant as an admonition to parents who engaged in mild or toddler had been subjected to the severe acceleration shaking that they would perhaps have thought of as disciplinary in nature, but certainly not as abusive.
32 Finally, Dr. Guthkelch never suggested that the triad and defending these cases even after Dr. Geddes’ was proof that shaking of any degree—violent or 2001 work appear not to have been paying attention. mild—had been perpetrated by the last adult present The doctors were often willing to conclude that “in with the child when he became unconscious. In this case” the triad was the result of shaking without other words, prosecutions for SBS homicides based recognizing any intellectual obligation to explain why exclusively on the presence of the triad were from the the other potential causes should all be excluded. The beginning a very illogical and unscientific distortion of defense lawyers were often unwilling or intellectually Dr. Guthkelch’s work. or economically unable to “engage the science” sufficiently to develop the potent line of defense that Though “triad-only” prosecutions and convictions lay in all of the other possible causes of the triad, of SBS homicide cases began to mount around the either through cross examination of the prosecution’s United States, medical medical expert or through research and writing on opposing medical testimony. The the significance of the triad bottom line is that the Geddes fortunately did not come to papers that should have ended a halt. Most significantly, “triad-only” prosecutions in 2001 in medical journal articles while putting a new emphasis on published in 2001, Dr. differential diagnosis, simply did Jennian Geddes wrote that not do so. the triad could result from the deprivation of oxygen to It was not until 2008 that the tide parts of the child’s brain and started to turn in the criminal supporting structures. This justice system. In that year, the was diametrically opposed Wisconsin appellate court granted to the theory of the triad- a new trial to Audrey Edmunds only prosecutions, which was who had been convicted in 1996 that damage could only have of an SBS homicide for which resulted from the tearing she was still incarcerated. The that would have resulted basis for granting the new trial from shaking or whiplash. was that a group of medical Since there were (and are) experts testifying in support a multitude of medical of Audrey Edmunds’ petition conditions or events (e.g. made it clear in testimony before stroke) that could result in oxygen deprivation, the fact a Wisconsin trial judge in 2007 that, as a result of that the triad was present could only prove shaking if ongoing medical research, the scientific understanding all of the other possible causes could be excluded. This of SBS and whether and how it related to the triad required an exacting exercise of differential diagnosis had changed dramatically since 1996. In particular, based on an intensive analysis of the particular child’s the medical experts in support of Edmunds’ petition entire medical history from birth. testified that there were now differential diagnoses, other than violent shaking, that could explain the triad Unfortunately, the doctors testifying as medical and that there could no longer be any certainty that experts for the prosecution and the lawyers prosecuting the child’s neurological crisis necessarily had to follow
33 immediately upon the child having been subjected to trauma—that there was the possibility of a lucid interval. The Wisconsin appellate court found these key changes in medical learning over the years between 1996 and 2007 to be new evidence that entitled Edmunds to a new trial. The prosecutors later declined to re-try the case, demonstrating the impossibility of proving Edmunds guilty beyond a reasonable doubt based on the weight of medical authority in 2008.
In the following year, 2009, the American Academy of Pediatrics adopted “abusive head trauma” in place of “shaken baby syndrome” as its label for a condition characterized by the presence of the triad of medical findings. Shaking was retained as one, but just one, of the possible causes of the triad. This appeared to be an explicit recognition in the official literature of the AAP that the triad could not be thought of as pathognomonic of the infant or toddler having been violently shaken. The combination of Audrey Edmunds’ conviction being vacated by the Wisconsin appellate court in 2008 and the concept of “shaken baby syndrome” being pushed into subsidiary status by AAP in 2009 should have marked the end of further triad-only SBS homicide prosecutions of caregivers who maintained their innocence. Unfortunately, as Professor Tuerkheimer explains, such prosecutions did not end. Some prosecutors continued to file triad-only SBS homicide charges that put caregivers in peril of very lengthy prison terms. These cases have resulted in “lopsided” guilty pleas by caregivers who could not risk being separated from their families for decades and who therefore opted for a conviction on a lesser charge carrying a short prison term or no prison term at all.
For the legal profession, this book should be an occasion for intensive soul-searching on the question of why the criminal justice system was surrendered so completely to a grossly over-simplified and distorted medical theory. For the medical profession, this book should be an occasion for intensive soul-searching on the question of whether doctors operate under the same standard of care in formulating opinions that are elements of the legal process of committing someone to the penitentiary for the rest of their lives as they do in formulating opinions that control the future course of treatment of their patients. For readers with only a citizen’s non-professional interest---neither lawyer nor doctor---this book should and hopefully will provoke a crisis of conscience at what the criminal justice system has done in the name of the “people.”
34 Why Family Defenders Care about SBS Innocence
What is the Family Defense Center’s “position” on shaken baby syndrome or “abusive head trauma” (as it has been renamed following criticism)? Do we believe there is “no such thing” as SBS? Are we defending parents and caregivers who violently shake children? Do we contend that violent shaking cannot cause injury of a child?
The first answer is that the Family Defense Center does not condone the mistreatment of any child, including shaking with intent to harm, in anger or by an out-of-control caregiver. The behavior of shaking can be abusive and we do not claim otherwise.
But the question “what is your position on SBS?” doesn’t really ask if we believe shaking can amount to child abuse. Indeed, we do think shaking can be abusive and we do not represent parents who had admitted they violently shook a child. At the Family Defense Center, we have the luxury of doing merits assessments of our cases, so that a parent who was genuinely abusive would not get through our doors for representation.
So what is the issue? The question “do you believe in SBS” is a question about symptoms and their causes—a question that demonstrates some of the complexity of the issues involved in the SBS area. There is ample research that calls into question the likelihood that shaking alone can cause many of the injuries that are attributed to shaking (Keith A. Findley, Patrick D. Barnes, David A. Moran & Waney Squier, Shaken Baby Syndrome, Abusive Head Trauma, and Actual Innocence: Getting It Right, 12 Hous. J. Health L. & Policy 209 (2012)). At the Family Defense Center, we do not claim that shaking can never cause serious injury to a child’s brain or eyes. But the causal link does not work in reverse: just because a child has symptoms that have been associated with shaking , that does not mean that we can infer shaking is always the cause.
It is well-known fallacy of logic—post hoc ergo propter hoc—to conclude from any result that we know the cause. Innocent people are in prison and many families are separated by the child welfare system because of the fallacious view that, because we believe we know the symptoms of shaking, we conclude that shaking is the cause.
The Family Defense Center provides only civil legal representation, meaning that the we do not represent convicted SBS defendants. We do, however, represent dozens of family members, including parents who are registered as guilty of child abuse because of the same fallacious assumptions used to wrongly convict criminal defendants. Several of our most celebrated cases, including In re Yohan K., have challenged the flawed logic behind juvenile court findings that are the non-criminal equivalent of the wrongful convictions on which Professor Tuerkheimer’s work focuses. Indeed, the FDC sees itself as a “child welfare” adjunct to the work of the innocence network advocates, working to apply the best thinking and research currently used to exonerate wrongly accused criminal defendants to the even-more prevalent area of child protection investigations.
35 The Family Defense Center’s recent work on exonerating innocent family members in medically complex cases
This year’s event showcases the Family Defense Association’s Children and the Law Project. The first Center’s work on a specific issue: defending innocent was for parents’ and the second was for children’s families facing “shaken baby syndrome” allegations. attorneys. This training, which was a repeat of a Since 2013, we have been working closely with the similar presentation the same attorneys and Bruce Innocence Project's SBS Fellow, Kate Judson, based at Boyer of Loyola Law School’s Child Law Clinic had the University of Wisconsin Law School. We have led given at the National Association of Counsel for the way in several major projects in our own area of Children’s annual conference in 2012, was extremely expertise—child protection law and policy—that are well-received, concerning medically complex case starting to level the playing field for wrongly accused defense in child protection proceedings. parents and caregivers. This past spring, with the help of a coalition of medical Our recent successes and accomplishments in this area experts, advocates, and affected parents, including this of work alone include: year’s Gala Co-Chair Mary Broderick, we succeeded in stopping the passage of a bill that would have On June 19, 2013, we won the landmark decision legislatively overturned the victory we achieved in the In re Yohan K. case. Please read our Summer In re Yohan K. case by shifting the burden of proof of 2013 newsletter (Issue #15 online at www. innocence onto the parents and away from the State familydefensecenter/newsletters) for details about this (S.B. 2798). precedential Family Defense Center appellate decision that exonerated two innocent parents and affirmed On March 14, 2014, we released our two-year long, their precious custodial rights to their children. 115 page report, drafted principally by George Barry, analyzing the Medical Ethics Concerns in Physical In July 2013, Melissa Staas, with Atlanta attorney Child Abuse Cases. This report included nine Diana Rugh Johnson, presented at two national recommendations for policy and practice measures conferences sponsored by the American Bar that would address medical ethical concerns that have emerged in many of the medically complex cases we have handed. The report discussed five such cases in detail and outlined the applicable medical ethics principles at issue in each of these cases.
In September 2014, Melissa Staas and Ellen Domph led training for the Cook County Public Defender’s office on head injury case defense, focusing in significant part on the litigation underlying theIn re Yohan K decision.
On September 20, 2014, working with the the SBS Michelle W., pictured here with her son Jacob, has Fellow of the Innocence Project, we convened a become a tireless advocate for families involved in medically complex child welfare cases. Summit to discuss the recommendations for next steps
36 for action to prevent wrongful allegations SBS, starting with the recommendations in Prof. Deborah Tuerkheimer’s masterpiece, Flawed Convictions: Shaken Baby Syndrome and the Inertia of Injustice. (Please see pp. 30-34 for an excellent review of the book by George Barry).
We have also represented well over a dozen clients who have faced wrongful allegations of physical child abuse based on incorrect assumptions about causation of their child’s medical condition(s). For example, in the Spring of 2013, the office had nine medically complex cases pending at one time (of a total caseload of 50-60 cases). Because of the similarity of these cases, including that many of them originated at a single hospital, we started meeting with the affected clients to plan additional advocacy by parents for parents (an effort that helped to organize the later legislative effort in 2014). E.Z. came to the attention of hospital staff due to injuries his mother couldn't exlpain. The FDC was In 2015, we anticipate presenting workshops for the Illinois able to exonerate her after she stood up to undue Parent Attorney Network on the legal issues in medically pressure to implicate someone else. complex cases (especially SBS cases) in the child protection arena.
So far in 2013 and 2014, in every single case in which we have provided significant legal assessment and advocacy, we have successfully exonerated the parents from the abuse charges against them and/or been successful in keeping or restoring custody of children to at least one parent. We hope to continue our outstanding track record of success in exonerating innocent family members. This success is dependent upon the combined efforts of medical and legal experts, with the assistance and advice of many colleagues whose work informs our own.
37 Wisconsin’s Innocence Project is leading national efforts to expose flaws in the SBS/AHT hypothesis
The Wisconsin Innocence Project (“WIP”), a clinical In recent months, WIP has started to create a unique program of the University of Wisconsin Law School, center, as an adjunct to the Wisconsin Innocence has been litigating SBS/AHT cases since 2006. Project, to address the pressing issues raised by the The WIP Program is a leader in the field, both in reliance of the legal system on flawed science, such as litigation and in academic writings on the subject of SBS/AHT, to prosecute and convict individuals, some the problematic nature of the science and the law’s of whom are innocent. This new center—The Center reliance on the flawed science leading to wrongful for Reliability in Forensic Science, Medicine and convictions. Since the high-profile exoneration of Law—will provide an organized structure for critically Audrey Edmunds, the first person whose conviction assessing the science and law in science-dependent was overturned based on the new scientific challenges cases, beginning with the misuse of science and to SBS (and whose case became the occasion for medicine in SBS/AHT cases. our honoree Prof. Deborah Tuerkheimer to start to delve into the legal and medical issues involved, see The need for such a Center is acute and ongoing. biography at p. 24), WIP has become an international As envisioned, the Center will be the home for the resource, receiving requests for legal assistance ongoing work by the Innocence Network’s SBS involving SBS convictions from around the globe. Litigation Fellow (Kate Judson) after 2014. Kate will continue to prepare for post-conviction proceedings; Over the past two years, WIP has worked with the develop strategies for cross-examination; assist in the Kate Judson, the Innocence Network’s Shaken Baby selection and preparation of experts; draft motions Syndrome Litigation Fellow, to create: related to scientific evidence, advocate for clients in the courtroom; and train lawyers and law students. She • A framework for an organized approach to litigating also will continue to maintain an extensive database SBS/AHT cases; of materials related to SBS/AHT defense that includes • A universal understanding of the scientific motions, transcripts, research, and expert resources. underpinnings (or lack thereof) of the SBS/AHT Kate will continue to consult with attorneys and diagnosis; experts, within and outside of the Innocence Network, on a wide variety of SBS/AHT cases. • A network of lawyers and doctors and other experts concerned about justice for persons wrongly-convicted The University of Wisconsin Law School’s new Center in SBS/AHT-based criminal complaints; for Reliability in Forensic Science, Medicine and Law is seeking support to maintain and expand the • A database of medical and legal resources for work of the SBS Litigation Fellow. Please join WIP in challenging SBS/AHT convictions; and providing a unique and outstanding service to those wrongfully accused of Shaken Baby Syndrome/Abusive • Expert referrals for practitioners and family members Head Trauma. involved in SBS/AHT defense. For more information or to make a donation, please contact Kate Judson at [email protected].
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41 AND CONGRATULATES
Ellen Domph, THE SIDLEY AUSTIN FOUNDATION Deborah Tuerkheimer,
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Congratulations to Deborah Tuerkheimer and Ellen Domph from the faculty of the Loyola Civitas ChildLaw Center, for your recognition by the FDC, your distinguished service to children and families, and your critical contributions to our understanding of TBI and improvement of our court systems’ efforts to safeguard the welfare of vulnerable children. Well done to you both! Miller Shakman & Beem LLP is proud to support The Family Defense Center
Miller Shakman & Beem LLP 180 N. LaSalle St., Suite 3600 Chicago, IL 60601 www.millershakman.com 312.263.3700
Edelman Combs and Latturner is pleased to support the gorundbreaking legal advocacy of the Family Defense Center. Congratulations to Diane, Melissa, Angela, Sara, the other staff of the Center and all the honorees.
Daniel Edelman Cathleen Combs Jim Latturner
44 CONGRATULATIONS ELLEN DOMPH! You are a formidable and fearless advocate for your clients. Your brilliance as a trial attorney, coupled with Congratulations to the honorees and to your passionate commitment to those you represent, is an inspiration to all. the Family Defense Center, I am so happy that you are being honored for for changing the way things are done. your ground-breaking work with the Family Defense Center. You take on the toughest battles, and you win. Lansner & Kubitschek You are your Mother’s daughter. Mollie is so proud. New York, NY Your friend, Cindy Giacchetti
Heartfelt congratulations dear Ellen! What a Rabobank is proud to support wonderful and well-deserved honor. We consider the Family Defense Center and ourselves lucky to be your friend and so proud of you congratulates Ellen Domph, today and always. A true testament to you recognizing Deborah Tuerkheimer, Louis Fogel, your passion and relentless commitment to your clients, and the Goodman Theatre. a passion we have had the pleasure of witnessing time and time again. Much love, Shelley and Richard Harris Lexie, Elana and Seth, too!
To our dear friend, Ellen Domph,
Congratulations on receiving this honorable award, recognizing your dedication and commitment to defending innocent families. We are very proud!
The Ellison Family
45 DEBORAH TUERKHEIMER represents a rare breed of individuals—a dedicated scholar and teacher whose stature and accomplishments already make her a major player in the legal academy but who—personally and professionally exemplifies the “mensch” factor. I was privileged to be Deb’s colleague for several years, during which time we became close personal friends. I can say from my many conversations with Deb over the years that she is someone whose emotional intelligence matches her intellectual capacity, and whose passion for her scholarship and other professional work is exceeded only by her love for her own family. One day she can be the subject of an interview for a major television news program and the next she is on the beach enjoying the last days of summer with her two young sons. Deb approaches every activity in which she is involved with a sense of complete self-investment. Her passion is evident in all that she does, including her latest book, FLAWED CONVICTIONS, which was written with tender loving care and great introspection at every step of the process. Her ability to navigate her own family life and her career, including the public service aspects of her role as an academic involved in high impact scholarship, makes her a particularly compelling role model for other professionals. In conclusion, I wish Deb a hearty congratulations on this well deserved honor, and also extend congratulations to the Family Defense Center on such an appropriate selection for the Family Defense Scholar.
-Roberta Rosenthal Kwall
Deborah Tuerkheimer’s writings on SBS and AHT have been pathbreaking. They take a hard and honest look at the issues that increasingly divide doctors and challenge the legal system’s ability to adapt to the changing medical and scientific evidence upon which the legal system is increasingly dependent.
She paints a picture of a medical diagnosis in disarray and a legal system that is not equipped to respond well to the shifts in medical science and describes an institutional response that lags behind the science—or worse, defiantly resists the evolution of the science, and indeed to some extent exercises a corrupting effect on the science. The result is an arbitrary distribution of justice marked more by institutional inertia and a quest for finality than a commitment to fairness and reliability.
The interests of both medicine and law demand that those steeped in both fields step back, take a deep breath, and openly engage in critical self-evaluation about SBS and abusive head trauma. We in the innocence community thank Deb Tuerkheimer for her work, which marks an important start down that path. The health of children and their families, and the promise of justice in our courts, depend on traveling down that path.
-Keith Findley and Barry Scheck
46 Congratulations, Deb! Deborah Congratulations to Deb Tuerkheimer on Tuerkheimer’s new book on shaken baby her receipt of this prestigious and well- syndrome is characteristic of her work in deserved honor from the Family Defense general: it is extremely thorough, precise Center. Deb’s work models the very in its arguments, and thought provoking best tradition of committed, courageous from start to finish. Whether she is writing on scholarship. Her work is that rare blend: criminal law and procedure, legal theory, thoughtful and thorough as well as or feminist jurisprudence, her scholarship impassioned and powerful. Her scholarship combines academic rigor with a distinctive presents complex scientific knowledge voice and perspective. Her book stands with clarity, and draws together multiple out for its combination of real-life stories strands of science, social science and law with insights into science, medicine, and into a lucid and elegant argument for the the reality of cognitive biases. The result is a correction of injustice and the reform of profound look at the divergence between flawed institutions. I am proud to call Deb developments in science and developments a friend and colleague. in law. This honor is well-deserved. -Susan Bandes -Andrew Gold
Deborah Tuerkheimer has defined a new era in the history of shaken baby syndrome. Deborah Tuerkheimer is a true She has combined clear analysis and careful vanguard, able to push boundaries scholarship with true tales of injustice, within an irreproachable context of pushing the debate forward not only in the reason and logic – I namecheck her academic arena but also in the popular press. work on SBS/AHT at least once a day. And I am incredibly fortunate -Sue Luttner to have Ellen as a mentor and friend. Her tenacity in the courtroom is surpassed only by her compassion for her clients. A tremendous “thank you” to Ellen and Deb for the immeasurable contributions each Congratulations, Deborah Tuerkheimer! has made to protect the rights of the Thanks for your brave and brilliant work for innocent! justice for families.
-Melissa Staas -Dorothy Roberts The world depends on acts of
kindness to thrive. (based on Ethics of the Sages) Bravo Louis! For your contributions to making our world a better place, we congratulate Louis Fogel Michelle and Rob McAndrew on receiving the Pro Bono and Community Service Award.
Rabbi Andrea London
Cantor Luck
David Graham, President of the Beth Emet
Board of Trustees
Congratulations, Louis, on this award recognizing your leadership in advancing Congratulations, Louis Fogel! the cause of justice for families. Well- deserved! Best wishes, Keith, Birdy, Nathan and Aaron Holzmueller -Debra Aron Manheim and Larry Manheim
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Congratulations, Louis. You are a good person and a good friend. The Family Dear Diane, Defense Center is lucky to have you. Continue your wonderful work! Bravo Louis! -Lisa Schoedel Vera Pless Michelle and Rob McAndrew
Congratulations to Ellen Domph To the Honorees And Thanks for all that you do for Deborah Teurkheimer our community. Kimball and Karen Anderson Mauk & O’Connor, LLP
Congratulations to the honorees and best wishes to the Family Defense Center. I am proud to be a part of an organization that does so much to help keep families together. Helene Snyder
49 We are proud to support the Family Congratulations to the Family Defense Center’s Family Innocence Benefit Defense Center and the honorees! and congratulate this evening’s honorees.
©2014 Ropes & Gray LLP
Children's Law Group, LLC salutes this year's honorees: Ellen Domph Lillig & Thorsness, Ltd. Louis Fogel Russell R. Custer, Jr. Attorney at Law Deborah Tuerkheimer The Goodman Theatre 1900 Spring Road, Suite 200 Oak Brook, IL 60523-1495 Telephone: (630) 571-1900 Fax: (630) 571-1042 Email: [email protected]
50
PROUDLY SUPPORTS
CHICAGO • BURR RIDGE • LINCOLNSHIRE 312.782.4244 WWW.GMRFAMILYLAW.COM
DIVORCE • CHILD CUSTODY • PARENTAGE PRENUPTIAL/POSTNUPTIAL AGREEMENTS • ADOPTION
Additional Congratulations for Our Honorees
Ajay Athavale Erika J. Raskopf Amanda and Jeffrey Borneman Florence Roisman Karen Domph Leonard Rubinowitz Amy and Zach Ehrmantraut David Tobis Beverly Groudine Barbara and Frank Tuerkheimer Carol Jansson Matthew Kirsch Jenny Kubitschek Ina Marks Carly McGarr Louis Milot Mary Morten Carol and Steve Mullins Nancy and Ted Otto Thomas H. Peebles Angela Peters
51 The Family Defense Center Offers Hearfelt Appreciation to the Following Foundations for Major Annual Support
In addition to the above listed foundations, the Family Defense Center gratefully acknowledges the support of the Skadden Foundation/Joseph A. Flom Incubator Grant.
2014 Family Innocence Benefit Sponsors Hero ($10,000) Senior Counselor ($2,500 - $3,000) Jenner & Block LLP (and its partners, Michael Vera Pless Brody, Louis Fogel, and Norman Hirsch) Sidley Austin LLP Defender ($5,000 - $9,999) Winston & Strawn LLP Baker & McKenzie LLP Counselor ($1,500 - $2,499) Kirkland & Ellis LLP Beerman Pritikin Mirabelli Swerdlove LLP McDermott Will & Emery LLP Drinker Biddle & Reath LLP Drs. Geraldine and Eugene Pergament Rabobank International Advocate ($3,000 - $4,999) Sustainer ($1,000 - $1,499) Barnes & Thornburg LLP BMO Harris Bank Edelman Combs Latturner & Goodwin LLP Latham & Watkins LLP 52 Denise A. and Scott Lazar Chuck E Cheese Deborah Pergament, Children's Law Group Classic Cinemas Redleaf Family Foundation Cleise Brazilian Day Spa Judy Wise and Sheldon Baskin ComedySportz Theatre Friends ($500 - $999) The Court Theatre Kathleen and Christopher Alexander Ann Courter and Norman Hirsch Kimball and Karen Anderson Dave & Busters Dentons US LLP Amy and Kent Dean Forest Printing The Dinner Detective Murder Mystery Clare Golla, Bernstein Global Wealth Management Ellen Domph and John Guenther Goodman Theatre Roger Dreher Sara Mauk and Michael A. O'Connor East Bank Storage Michelle and Rob McAndrew, Atticus Recruiting Eileen Fisher Miller, Shakman & Beem Eli's Cheesecake Bakery Elizabeth Pitrof Flavour Cooking School Diane L. Redleaf Tamar and Louis Fogel Dorothy Roberts Bob Galhotra Ropes & Gray LLP Colleen Garlington Helene Snyder Gene Siskel Film Center Tim and Jan Timmel Goodman Theatre (Commitments reported in this program book Cynde Hansen were received by September 14, 2013) Jill Hazelbauer Von Der Ohe Jan Hulstedt Auction Donors Impact Networking We gratefully acknowledge the following donors to our auctions and raffles. Kimbark Beverage Shoppe Karen and Mike Armstrong Carolyn Kubitschek and David Lansner Art Institute of Chicago Charles Kurland Mary Case-Gaskill Legoland Discovery Center Chicago Architecture Foundation Lettuce Entertain You Chicago Bears Anatoly Libgober Chicago Bulls Lucky Strike Chicago Cubs Lyric Opera of Chicago Chicago Shakespeare Theater Lou Malnati's Chicago Sinfonietta TiShaunda and Michael McPherson 53 Medieval Times Kathleen Barry* Mike Miller William Binder Louis Milot Patricia Jones Blessman* Sen. Julie Morrison Michael T. Brody Museum of Contemporary Art Louis Fogel The Music Box Theatre Colleen Garlington Music of the Baroque Michael Koenigsberger* Christine M. Naper Jonni Miklos* Oceanique Deborah Pergament* Old Town School of Folk Music Cynthia Stewart* Michelle Paluch Karen Teigiser Ofra Peled Champion Board Radio Flyer Prof. Annette Appell* Diane Redleaf Brigitte Schmidt Bell* Alejandro Romero Mary Kelly Broderick* Sandra Ross Salon Prof. Susan Brooks* The Denis Savard Foundation Joan Colen Shedd Aquarium Catherine Combs Helene Snyder Ann Courter and Norman Hirsch* Melissa Staas Kent Dean* Statehouse Inn David J. Lansner* Steppenwolf Theatre Company Lawrence Lansner Rick Strilky Elizabeth Larsen Sunda New Asian James Latturner Mallory Thompson Joy Leibman Deborah Tuerkheimer Elizabeth Lewis* Urban Oasis Meg McDonald* Wines for Humanity Christine M. Naper* Susan Wishnick and Allen Steinberg Edward Otto Zanies Comedy Nite Club Dr. Eugene Pergament Family Defense Center Board of Directors Vera Pless* Helene Snyder, President Andrew and Lynne Redleaf Michael A. O’Connor, Treasurer Michael W. Weaver, Secretary *Benefit Host/Planning Committee Member 54 Dr. Paul and Rhoda Redleaf James Shapiro Adele Saaf Stefani Silberstein Deborah Spector Kathy and Jack Stockman Prof. Michael Wald Rob Warden Elizabeth Warner Michelle and David Weidner Susan Wishnick and Allen Steinberg Benefit Hosts, Planning Committee, and Volunteers Event Services Patrick Blegen and Jodi Garvey Johnny Gaskill, Event Management Prof. Douglas Baird Tracey Scruggs Yearwood, Video Producer Zachary Bravos Family Defense Center Staff Melissa Caballero Diane L. Redleaf, Executive Director Mary Case Gaskill Melissa L. Staas, Staff Attorney Pam Crenshaw Angela C. Inzano, Staff Attorney Kent Dean Sara Gilloon, Staff Attorney Michael Duval Diana Hansen, Operations Manager Keith Findley Beatrice Radakovich, Administrator Ed Fox Alejandra Ballesteros, Intake and Scott Frankel Administrative Assistant Dr. Steven Gabaeff Sara Block, Mothers' Defense Fellow Bob Galhotra Skye Allen, Litigation Fellow Cindy Giachetti Reid Smith. PILI Fellow, Amanda Graham courtesy of Winston & Strawn Kailey Grant Kailey Grant, Law Clerk John Guenther Carolyn Kubitschek, Of Counsel, National Charlene Hyra Advocacy Project Consultant Kate Judson Shawn Taylor, Treetop Consulting Sue Luttner Media Relations Consultant Louis Milot Phil Milsk, Government Relations Consultant Enrico Mirabelli Maura Mitchell Mary Morten Tracy Palma Stacey Platt Maria Pulido 55 About The Family Defense Center Winner of the first “Excellent Emerging Organization” award from the Axelson Center for Nonprofit Management.
The mission of the Family Defense Center is to advocate for justice for families in the child welfare system. Founded in 2005, it is a groundbreaking legal representation and advocacy organization. Its primary focus is preventing irreparable harm to families through the wrongful separation of children from their parents or the erroneous labeling of innocent family members as responsible for abuse or neglect.
Family Defense Center 70 E Lake Street Suite 1100 Chicago, IL 60601
312-251-9800 (phone) 312-251-9801 (fax) www.familydefensecenter.org
56 Jenner & Block is proud to work with the Family Defense Center in its outstanding efforts to protect children and defend families.
Congratulations to our esteemed colleague and partner Louis Fogel for being honored with the center’s Community and Professional Service Award. You are a true advocate for the center and its mission.
We applaud this year’s other honorees for their contributions to helping families and improving the child welfare system.
CHICAGO | LOS ANGELES | NEW YORK | WASHINGTON, DC | JENNER.COM 353 N CLARK STREET, CHICAGO, IL 60654-3456 | 312 222-9350 Next year, the Family Defense Center will celebrate its 10th Anniversary! A special anniversary Gala is already being planned for October 2015. Stay tuned for next year and please join us for a celebration of ten years of protecting children by defending families.
70 E. Lake St, Suite 1100 Chicago, IL 60601 312-251-9800 www.familydefensecenter.org
Winner of the First Excellent Emerging Organization Award from the Axelson Center for Nonprofit Management
To Protect Children, Defend Families