When a fight between drug dealers spiralled out of control in Springfield, Massachusetts, on 2 September 1986, innocent bystander Victoria Seymour was caught in the crossfire.

Hit by a stray bullet outside the After Five Lounge in Springfield, the young mother of three would die from her injuries, but she wouldn’t be the final victim of that fateful night.

As police hunted the perpetrator, their investigation focused on local Hartford, Connecticut, resident Mark Schand, despite the fact it would later be proven he was 30 miles from the scene.

Nevertheless, an eyewitness wrongly picked Mark’s image from a deck of police photos and the case against him gathered pace as two of the men involved in the gunfight, drug dealers Charles and David Stokes, in addition to other witnesses, also identified Mark as the killer.

Their testimony proved critical as Mr. Schand was found guilty of murder and sentenced to life in prison without parole. He spent the next 27 years of his life in jail protesting his innocence before new evidence was uncovered that overturned the verdict.

Charles Stokes and other witnesses later recanted their testimony, saying that they were pressured by detectives working on the case, who also covered up key items of evidence that could have led to Mr. Schand’s acquittal.

New York Partner Heather McDevitt, who led the Firm’s representation of Mr. Schand at a recent civil rights lawsuit, says: “What’s so tragic about Mark’s case is that it added to the injustice surrounding the death of Victoria Seymour.

“He was sent to prison at age 21 leaving behind his pregnant partner and two young children, and was released just before his 49th birthday when his children were in their late 20s.

“During his time in jail he experienced violence, assault, and almost died from a brain aneurism. It’s testimony to his incredible resilience that he managed to survive and it’s a credit to his wife and family that they stood by him.”

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New evidence emerges

Investigators from non-profit organization Centurion Ministries took up Mr. Schand’s case in 2010 and worked with his long-time defense counsel, John Thompson and Linda Thompson, to unearth evidence that would support a motion for new trial.

They discovered new witnesses, false testimony and official misconduct, including a rigged line-up where witnesses were pre-disposed to identify Mr. Schand.

All charges against Mr. Schand were dropped in 2013.

Heather says: “After Mark was released, Innocence Network UK approached the Firm’s Global Pro Bono Practice to see whether we would represent Mark in a civil rights lawsuit against the officers involved in the case and the City of Springfield.

“Eric Berg, a partner in the Banking Group and the Head of Asia-Pacific, found out about this approach and wanted to get involved.

“Eric then reached out to me and, following a meeting with Mark Schand, we agreed to represent him.”

Left: Mark Schand with his children during a prison visit. Right: Mark is reunited with his family.

The road to justice

Mr. Schand and his family filed a complaint against the City of Springfield and the four retired police officers (Elmer McMahon, Leonard Scammons, Raymond Muise and Michael Reid) in August 2015. While the case against the City of Springfield was dismissed at summary judgement stage, the trial against the four officers took place in September 2019.

“The question we were asking the jury was simple,” says Heather. “If you find that Mark Schand’s civil rights were violated, what are 27 years of a person’s life worth?”

Heather assembled a team of eight, with Counsel Josh Weedman and Associate Jacqueline Chung involved from the very beginning and leading the case on a day-to-day basis.

Josh, who also presented the opening and closing statements at trial, says: “As I got to know Mark, it was very clear that he had a persuasive case.

“Nonetheless, we knew this would be a challenging case for a number of reasons.

“The defendants still refused to accept Mark’s innocence, while the defense fought hard to stop key pieces of evidence being shown to the court.

“In addition, the core evidence was more than 30 years old. One key witness, who had previously recanted his identification of Mark, is deceased, while it was difficult to predict what some of the witnesses would say on the witness stand.

“One of the witnesses had to testify from jail, where he is serving a 50-year sentence for murder.”

Jacqueline adds: “There were so many challenges, including when the judge initially refused to let one of our expert witnesses (a forensic psychologist) take the stand because he felt her testimony wasn’t material to the case, until we convinced him to reconsider.

“I hope this evidence helped to give the jury an idea of the mental trauma Mark went through, having been locked up for 27 years for a crime he didn’t commit.”

An extraordinary verdict

The evidence before the jury was compelling and they unanimously ruled in Mr. Schand’s favor, awarding him $27.127m in damages ($1 million for every year he spent in prison).

Heather says: “Just after the jury went out to deliberate, the judge addressed Mark in open court to apologize for what had happened to him, which he said represented a complete failure of the justice system. To hear that from a federal judge was extraordinary.

“There were tears and jubilation at the verdict and I told the team to savor the moment, because it is sure to be one of the highlights of our professional careers.”

Jacqueline comments: “When the verdict was delivered it was surreal, because we didn’t known what to expect.

“When I first got involved with the case I never expected to be working on it for so many years or that it would even get to trial, so the feeling of accomplishment was amazing.

“It was a raw moment. Mark was very emotional, as were the rest of us. He has suffered through so much pain and injustice in such a resilient and dignified way. I was honored to be part of his successful battle for justice.”

Josh adds: “I’ve been involved in several high-stakes litigations, but it is hard to compare to the satisfaction of winning this case.

“Nothing can bring back the years Mark has lost, but the verdict should at least provide him and his family with financial security for the future.”

Mark Schand’s fight for justice is not finished yet. The four defendants have since launched an appeal against the verdict, while the Firm has appealed the decision to dismiss the case against the City of Springfield.

“There is more to do,” says Heather, “but well done and thank you to all involved in the case. We could not have done this without the incredible support we’ve had from across the Firm.”

Our team with Mr. Schand (front row, center).