TOLEDO, Ohio — Lucas County will soon become the fifth county in Ohio with a conviction integrity unit.
On Thursday afternoon, Lucas County Commissioner Pete Gerken confirmed to 11 Investigates that a CIU is in the works and a formal announcement will be made soon, likely next week.
“It’d be foolish to say people in government never make mistakes,” Gerken said. “It’s OK if you make a mistake and correct them.”
Cuyahoga, Franklin, Summit and Hamilton counties are the other counties in Ohio with CIUs.
Lucas County Prosecutor Julia Bates has been leading the effort and seeking input from members of the community and other regional units. She told 11 Investigates that the unit is “a continuing work in progress” as her office finalizes the structure and guidelines.
In 2019, 11 Investigates produced a 30-minute documentary, “Guilty without Proof,” that detailed the story of Wayne Braddy and Karl Willis, who were convicted of a 1998 murder they said they did not commit.
As a result of that investigation, the men were released from prison last March. Following that story, we heard from several other men claiming they had been wrongfully convicted and we have investigated multiple claims, including those of Danny Brown, Arty Richter and Eric Babos.
In addition, we reported on the 1993 conviction of Eric Misch, who, along with four other men, was found guilty of killing Vernon Huggins in Wilson Park in 1992. But numerous tips were not turned over to the defense team – or even the prosecutor’s office. One of those tips was that Huggins was confronted by his girlfriend’s family members in the hours before his death. The tipster said one of the men was carrying a wooden table leg. Huggins was beaten to death by a blunt object, according to the coroner’s report.
Misch was paroled in 2020, but on Wednesday, Judge Gary Cook granted him a new trial. His four co-defendants are also seeking new trials. A CIU would be able to investigate and review legitimate claims of innocence, potentially cutting off years of appeals if the claims are found to have merit.
Misch’s attorney, Joanna Sanchez of the Wrongful Conviction Project, applauded the CIU announcement: “We are thrilled that Eric’s conviction has been vacated, and we are hopeful that the prosecutor’s office’s new conviction integrity unit will carefully review his case.”
Other defense attorneys from the area and state also welcomed the announcement.
Donald Caster, professor of clinical law at the University of Cincinnati and staff attorney for the Ohio Innocence Project, said, “I'm always excited when a prosecutor announces the formation of a conviction integrity unit. We know that around the country, many CIUs have been incredibly successful in correcting injustices and bringing wrongfully convicted men and women home. I'm hopeful that the Lucas County prosecutor will create a system for robust reviews of applications that includes independent voices.”
Michael Stahl, Toledo defense attorney, said, “I am pleased to learn that the Lucas County Prosecutor’s Office will be engaging in the investigation of potential wrongful convictions through a Conviction Integrity Unit.
Prosecutors have a challenging ethical role in our system. They are both tasked with prosecuting crimes, but also with ensuring justice. Neither obligation is furthered in a wrongful conviction.”
Richard Kerger, Toledo defense attorney: “It is an excellent idea, and I support the prosecutor for undertaking that task.”
Jeffrey Crowther, Toledo defense attorney: “Any effort to round out the jagged edges of the Criminal Justice System is welcome. These CIUs focus on post convictions, a worthy cause.”
Gerken praised the efforts of Bates:
“The prosecutor has heard the message (from the community) and has done something that not every prosecutor in this state would do. Obviously, she’s one of the few."
He also praised the efforts of WTOL 11.
“I think there have been enough testimonies on why this is necessary in the last few years,” Gerken said. “Brian (Dugger) and Channel 11 have led the way on those as far as bringing to the public’s knowledge that there have been some things that didn’t get disclosed that could have led to a different outcome.”
One of the most successful units in the country is in Detroit. Investigations by the Wayne County conviction integrity unit have resulted in more than 40 exonerations or some type of judicial relief. 11 Investigates has met twice with the unit’s director, Valerie Newman, who has offered to help Lucas County with their efforts.
“Conviction integrity units are responsible for a large percentage of cases where people end up on the National Registry of Exonerations. It’s a trend that I hope continues and grows because it’s important for justice,” Newman told WTOL 11 in 2023. “I think the community has a lot more trust in the prosecutor’s office when they’re willing to say, ‘We got it wrong, and we’re willing to admit we got it wrong.’”
More than 40 seems like a large number of people let out of jail, but it is a small percentage of claims Newman’s team reviews. In the vast majority of cases, prosecutors do get it right. The goal is to edge that percentage closer to 100%t. The goal is not to empty the prisons.
“We’re not going to let people out of jail just because they say they are innocent,” Gerken said. “But this is important. It’s going to affect people’s lives.”