A recently exonerated man and former Chrysler engineer is suing his defense attorney for malpractice, USA TODAY reported.
Jacob Trakhtenberg, 76, was convicted of sexually assaulting his daughter in 2006. However, during his trial, his court-appointed lawyer did not request a jury, make an opening statement, or call any witnesses aside from Trakhtenberg.
After being released from prison in 2012 and having his conviction cleared by the Michigan Supreme Court, he filed a lawsuit against Deborah McKelvy for malpractice. His trial is expected to begin later this year.
Trakhtenberg's case is now listed on the National Registry of Exonerations -- a joint project created by the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University School of Law.
Additionally, the Michigan Supreme Court issued a ruling that said he was entitled to suing McKelvy for violating his constitutional rights -- an extremely rare move on their part as they don't involve themselves with civil matters.
The ruling said that his defense attorney's "performance in this case was constitutionally inadequate and rendered defendant's trial unfair and unreliable."
John Cote, a Michigan-based lawyer who specializes in misconduct cases, emphasized the signifiance of the state's highest court's ruling.
"You don't see that language very often, but it's not suprising if the facts support it," Cote said. "It's fairly rare for the Supreme Court to chastise an attorney to that extent."
Trakhtenberg's current lawyer, James Elliott, called the conviction a "horrific miscarriage of justice."
"She took seven years of this man's life," Elliott added.
However, McKelvy's lawyer, Michael Sullivan, believes the lawsuit against her will fail. She has declined to comment on the case.
