Dechert Helps Secure Dismissal of Murder Charges in NY Case

Dechert LLP was part of the pro bono legal team—comprising partners (and friends) from four different firms—that helped garner a successful outcome for Tracy McCarter, a nurse who was wrongfully charged with murder in 2020 after her estranged husband died of a stab wound after the two had a confrontation in Ms. McCarter’s Manhattan apartment. After her arrest Ms. McCarter had been held at Rikers without bail for months before eventually being released.

 The litigation team successfully argued that McCarter acted in self-defense after her husband, who had hit and choked her in documented instances of abuse in the past, drunkenly showed up at her home, demanded money and had a physical altercation with her. After the district attorney declined to prosecute, New York State Supreme Court Judge Diane J. Kiesel dismissed the state’s case. 

Manhattan District Attorney Alvin Bragg had earlier sent a letter to Judge Kiesel, expressing “reasonable doubt of whether Ms. McCarter stabbed Mr. Murray with the requisite intent to support a conviction of murder in the second degree.” He explained that he could not in good conscience “allow a prosecution to proceed to trial and ask a jury to reach a conclusion that I have not reached myself.”

Ms. McCarter’s attorneys—partners Jeffrey Brown at Dechert, Sean Hecker at Kaplan Hecker & Fink, Tess Cohen at ZMO Law and Jacob Buchdahl at Susman Godfrey—issued a joint statement: “We are incredibly proud to represent Tracy McCarter, who has fought her case for two and a half years to get to the only just outcome—dismissal. And we are extremely grateful to the community and advocacy groups that fought for Tracy until the end.”

Dechert has a longstanding commitment, working with organizations like Sanctuary for Families – who referred this case – assisting survivors of domestic violence, as well as generally providing pro bono legal services to individuals and organizations who cannot otherwise afford legal counsel. This commitment exists in all of Dechert’s 21 offices in the United States and internationally. Each year, the firm handles hundreds of pro bono matters, covering a broad range of issues, including civil rights, international human rights, child advocacy, veterans, prisoner civil rights, landlord tenant, access to public benefits, immigration, criminal law and the representation of nonprofits, small businesses and social enterprises. This year, Dechert was again ranked by The American Lawyer among the ten top firms for pro bono both in the United States and internationally.

About Dechert
Dechert is a leading global law firm with 21 offices around the world. The firm advises on matters and transactions of the greatest complexity, bringing energy, creativity and efficient management of legal issues to deliver commercial and practical advice for clients.