Military District of San Bernardino County: Innocence Project working on first cases in Iowa

2008-10-12

Innocence Project working on first cases in Iowa

By Editor
Oct 9, 2008, 08:37

Innocence Project working on first cases in Iowa

IOWA CITY The ultimate mission is to exonerate the man on death row wrongly convicted of murdering a 10-year-old. But finding his innocence may also lead to the real killer.

And while Iowa law has no death penalty, the nationwide Innocence Project known for investigating death row cases for instances in which the wrong person was convicted is looking at cases in Iowa.

Brian Ferrell, a Cedar Rapids lawyer and the Innocence Project of Iowa board president, said people usually regard the non-profit organization as defense work, but the group shares the same goal as the prosecutor — "to convict the right person."

The organization takes on cases in which viable evidence exists of the person's innocence, Ferrell said. A defense lawyer takes on cases regardless of guilt or innocence.

"We're not interested in getting someone off on a technicality or because they believe they had a bad lawyer," Ferrell said. "They have to be truly innocent."

The Iowa chapter formed in 2007 but didn't begin researching cases until late this summer. Ferrell and a group of lawyers, professors and law students from across the state founded the chapter. Beyond exonerating the innocent, group members hope to find reforms needed in the justice system to prevent wrongful convictions and provide that education to others.

The national Innocence Project has exonerated 220 people. It was founded in 1992 by Barry Scheck and Peter Neufeld in New York. Chapters are in nearly every state but this is Iowa's first one.

Ferrell said the national project focuses on cases involving DNA testing but the Iowa chapter will accept other cases if proof of innocence exists.

The Iowa chapter has no paid staff, so from the University of Iowa College of Law and Iowa Lakes Community College in Estherville play an important research role, Ferrell said. Two or three students at a time look through court transcripts and related reports — police and medical examiners — for any evidence to support innocence.

Ferrell wouldn't reveal the two or three cases they're considering but said they were all Class A felonies.

"Only a handful of cases get the more intense evaluation," he said. "If there's nothing tangible, we can't go back into court. There has to be a legal remedy.

"The post-conviction status is where the Innocence Project comes in. There is a three-year statute of limitations on an appeal, unless no evidence was available during that time."

Two UI law students, another volunteer not in law and Ferrell met two weeks ago in Iowa City to look over court transcripts of a possible case. They compared witnesses' accounts of the what happened that day.

Rebekah Trey, 23, second-year student, said she checked whether language used by one witness was similar to that from others. "Would she use that word or say it like that? They haven't referred to it as a weapon before," Trey said.

Thad Roch, 25, also a second-year student, and Roch told Ferrell nothing "jump out" at them to raise a red flag, but they would like to look at the police reports.

Ferrell suggested they go to the community where the crime took place to look over the reports. They even joked about doing a "drive-by" of the crime scene to get a feel for where it happened.

Roch, who plans to pursue criminal law as a prosecutor or public defender, said he got involved in this for the opportunity to investigate a real case that may lead to an innocent person going free.

"When somebody is found guilty, it's not always the case," Roch said. He added that it seems like many wrongfully convicted people aren't financially well off.

Trey joined the group because she wanted to do volunteer work. She remembers hearing about the Illinois project when she was younger and that it overturned many wrongful convictions.

Worth A Look

Common causes of wrongful convictions

The most publicized cause of wrongful convictions is faulty or lack of DNA evidence. But only a fraction of criminal cases involve biological evidence for DNA testing, according to the Innocence Project.

Seven common causes of wrongful convictions

Eyewitness misidentification

Unreliable or limited science

False confessions

Forensic science fraud or misconduct

Government misconduct

Informants or snitches

Bad lawyering

More causes may exist because each case is unique. Many could include a combination of these causes or another factor, according to project research.

How the first 130 exonerations of the national project break down

101 mistaken identity

21 microscopic hair comparison matches