O'Melveny's 2018-2019 Pro Bono Review

O’MELVENY PRO BONO PROGRAM REVIEW 2018- 2019 7 O’Melveny took the case in 2004 after a Washington Post reporter discovered evidence, apparently known to prosecutors at the time, that, if turned over to the defense, reasonably could have led to a different potential killer. O’Melveny then uncovered other material the government had withheld, including evidence of another potential perpetrator as well as possibly critical evidence impeaching the government’s witnesses. For the last 14 years, the O’Melveny team worked to get Mr. Overton’s conviction vacated and to secure a new trial for him. The firm represented him before the US Supreme Court, arguing that prosecutors had violated his constitutional rights by concealing evidence. In a 6–2 decision, the Supreme Court affirmed the lower court’s decision, ruling that even though prosecutors had, in fact, withheld information from the defense, a jury was likely to reach the same verdict. While O’Melveny did not win this case at the Supreme Court, O’Melveny’s representation did not stop with the verdict; the firm continues to represent Mr. Overton, advocating for his parole. In March 2018, the US Supreme Court issued a rare 9–0 decision in the case of Ayestas v. Davis . For petitioner Carlos Ayestas, this was not just a legal victory—it was an opportunity for a new life. Meaghan VerGow, a partner in O’Melveny’s Washington, DC, office, represented Mr. Ayestas, who had been convicted of capital murder and sentenced to death by a Texas jury in 1997. Diagnosed with schizophrenia after his conviction, Mr. Ayestas had repeatedly requested funds to investigate mitigating circumstances involving his mental health, but the Fifth Circuit had denied them. When the Supreme Court decided to hear the case, his counsel reached out for help, and Meaghan joined the team. Justice Samuel Alito delivered the Court’s unanimous opinion, which vacated the lower court’s judgment and remanded the case for further proceedings. PRO BONO SPOTLIGHT Meaghan VerGow Meaghan has a longstanding interest in death penalty matters. After her first year at Harvard Law School, she worked at the Equal Justice Initiative, an organization led by Bryan Stevenson that is committed to criminal justice reform and challenging racial and economic injustice. Since joining O’Melveny, she has taken on three pro bono death penalty cases. “It’s challenging but meaningful work,” she says. “The stakes obviously are incredibly high, and there are significant problems in the system.” These cases incite different pressures than the commercial litigation and class actions that Meaghan usually handles. “In death penalty matters, you’re constantly swimming against the tide,” she says. “It’s difficult to obtain relief for your clients and there’s a great feeling of responsibility toward them.” Meaghan’s pro bono experience is not limited to capital cases. She has worked on an asylum case for a Honduran teenager, written a number of briefs on matters before the Supreme Court, and she serves on the advisory board of a non-profit that promotes women’s leadership in foreign policy. As her colleagues and clients can attest, Meaghan’s own exceptional leadership talents are on display every day. In death penalty matters, you’re constantly swimming against the tide. It’s difficult to obtain relief for your clients and there’s a great feeling of responsibility toward them. MEAGHAN VERGOW