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Criminal Case Studies
Recent criminal defense cases Kevin W. McClain Investigations, Ltd. has participated in:

CASE STUDY #1
Client charged with Capital Murder. Our six month investigation was able to develop numerous witnesses that helped rebut the states case. A thorough review of the discovery disclosed serious flaws in the States case. A meeting was arranged with the State and the defense team. The defense team was allowed to demonstrate to the State our Claim of Innocence. The client was asked to take a polygraph and passed. The case was dismissed. Note- This was the first time in Illinois that a Death Penalty case was dismissed prior to trial since the Capital Litigation Trust Fund was enacted in 2000.
--View News Article

CASE STUDY#2
Client charged with Capital Murder. Our agency was brought in to assist in the final phases of the investigation. Our investigators conducted a comprehensive through review of the discovery as well located and interviewed several critical witnesses and located some missing evidence. The attorney was able to utilize this information during depositions. The information developed eventually led to the state dismissing all charges against the client.

CASE STUDY #3
Client charged with Capital Murder. Co-Defendant had made plea agreement to Residential Burglary and agreed to testify against client. Our investigation consisted of over two years of locating and interviewing of approximately seventy-five witnesses in five states. Client had a jury trial and was acquitted of Capital Murder and was found guilty of Residential Burglary.

CASE STUDY#4
Client charged in 1999 with first degree murder of his newborn son. Our defense team was brought on board after initial attorney and investigator had stopped working on case. Our investigation developed approximately fifteen new witnesses, and located evidence that had not been previously disclosed by the state. On the eve of trial our investigators tracked down and interviewed two fact witnesses that gave statements as to the actual person responsible for the murder. The state offered a reduce charge of aggravated battery. After serious consideration and maintaining his claim of innocence the client elected to plead to a reduced charge.

CASE STUDY#5
Client was charged with six counts of first degree murder of his pregnant wife. Our investigation uncovered numerous inconsistencies in the states case as well as locating several witnesses that helped establish timelines that showed the factual inconsistencies of the states case. During the course of the investigation we also located evidence the state had failed to locate and examine. After approximately a two week jury trial and six hours of deliberation the jury acquitted the defendant of all charges.

CASE STUDY#6
Client was charged with aggravated DUI and was facing possibility of losing his license as well as his freedom. Our investigation consisted of doing a thorough review of all police reports, documents provided by the state as well as utilizing one of our investigators who is a qualified expert in Standardized Field Sobriety Tests. A thorough examination revealed several incorrect procedures on the SFST's. A jury trial was held and our investigator testified to his findings. Jury found the client Not Guilty.

CASE STUDY#7
Client was originally charged with Capital Murder in 1992. Was found guilty and sentenced to a life sentence with no parole. Our investigator met the client in 1997 and began to realize that he could possibly have an innocent man that was now behind bars for the rest of his life. The investigator began a meticulous investigation for the post conviction proceeding. The investigator went through six different attorneys and law firms during this 12 year journey. Along the way the investigator discovered the original attorney had become disbarred while the original investigators only spent a total of fifteen hours on the case. The case was one of the most complex cases the agency had ever been involved in with 4 different crime scenes, every imaginable type of forensics that could be utilized , as well as missing evidence, destroyed evidence, voodoo science and a jail snitch. Our investigator would not let it go and continued his persistence until he finally met a couple of attorneys ( now the Hon. Michael McHaney and Ericka Sanders) that took the time to put all the material together that was required.Along the way the state tried to charge the client with another murder from his hometown which caused the investigator to conduct an additional investigation and was able to prove that the client wasn't even in that state when the crime was committed.

After working with a dedicated appellate attorney Larry Wells the client was able to obtain a new trial after oral arguments at the post conviction appeal. The new trial then allowed our agency to put our chief investigator (Alan Profancik) on the case and to give the case a new set of eyes. After an 11 month methodical investigation the state realized that they had numerous problems with their case and elected to make an offer to our client and the thought of walking out of prison after 17 years was too good to pass up. Our client and his defense team will continue to maintain his innocence . This was a classic case of showing that persistent does pay off especially when a person has the faith. Please see news article and press release.
--View News Article
--View Press Release
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