Justice for Tracy McCarter

By Tess Cohen & Zachary Margulis-Ohnuma

ZMO Law attorneys Tess Cohen and Zachary Margulis-Ohnuma were recently drafted to join the defense team of Tracy McCarter, a nurse charged by the New York County District Attorney with murdering her estranged spouse during a terrifying physical altercation. Full details of Tracy’s story can be found in this in-depth article in The Intercept. Tess and Zach are delighted to contribute their New York State court and homicide experience to an outstanding legal team that includes attorneys from three prominent law firms: Kaplan Hecker & Fink, Dechert LLP, and Susman Godfrey LLP.

Ms. McCarter’s case first drew press attention in the Wall Street Journal and Gothamist when she was jailed at Rikers Island during the height of the COVID-19 pandemic. After being incarcerated for nearly six months awaiting trial, Ms. McCarter was released on electronic monitoring last September .

There is a growing national movement to consider the domestic violence and abuse history of women who are charged with crimes. One advocacy for battered women in the criminal justice system, Survived & Punished, has been especially supportive of Ms. McCarter, raising money and helping tell her story. Women who are incarcerated overwhelmingly have histories of abuse. In fact, the ACLU estimates that, “nearly 60% of female state prisoners nation-wide and as many as 94% of certain female prison populations—have a history of physical or sexual abuse.” Despite these circumstances, women—particularly Black women—are being incarcerated more and more frequently. Our office represents many women who have been subject to sexual abuse in prison.

Ms. McCarter’s case is next on in court for decisions on motions, including motions to dismiss the indictment and to suppress evidence recovered pursuant to various search warrants.

“Tracy’s case is emblematic of the excessively harsh treatment of women by the criminal justice system,” said principal attorney Zachary Margulis-Ohnuma. “We look forward to fully vindicating her at trial.”