Illinois Torture Commission Approves Recommendation by Mark Schwartz to Submit Questionable Conviction for Judicial Review

Chicago, September 28, 2017 - As part of its continuing pro bono efforts, and in coordination with the Illinois Torture Inquiry and Reconciliation Commission, Butler Rubin partner Mark Schwartz  investigated a complaint filed with the Commission by Arnold Day. Day, who is currently incarcerated for murder, alleged that he had been coerced into confessing to this crime during an interrogation in which he was physically assaulted and threatened by Chicago police officers.

Butler Rubin’s investigation included an interview of Day and a review of thousands of pages of records related both to Day’s conviction and to the officers who allegedly assaulted Day. In addition, Butler Rubin reviewed testimony from a second murder trial during which Day – who confessed to this second murder during the same interrogation as the confession that resulted in his conviction – detailed his alleged abuse for the jury.  Despite Day’s confession to this second murder, the jury acquitted him.

After completing the investigation, Butler Rubin submitted to the Commission a fifteen page proposed disposition of Day’s claim, recommending that Day’s claim be turned over to the Chief Judge of the Circuit Court of Cook County for further investigation and possibly other relief, including a release from jail. The Commission adopted this proposed disposition in In re Claim of Arnold Day, TIRC Claim No. 2011.095-D.

Formed in 1980, Chicago-based Butler Rubin has established itself as a well-known law firm assisting clients nationally and internationally in complex business disputes, including insurance and reinsurance, post-closing disputes, antitrust law, class actions, defense of corporate directors and officers, labor and employment law, healthcare litigation, and insolvency.