LUCAS COUNTY, Ohio — Lucas County Commissioner Peter Gerken has committed to leading the charge to establish a conviction integrity unit in Lucas County.
It is a unit that 11 Investigates has pushed for since our 2019 investigation into the 1998 killing of a Toledo teen.
Wayne Braddy and Karl Willis were convicted of that killing, but a monthslong investigation exposed multiple issues with the conviction and became a series of stories known as “Guilty Without Proof.” Largely because of that investigation, the men were released in late March.
Numerous other investigations related to the Lucas County justice system resulted from that series and caught the attention of Gerken.
“Channel 11’s done great work on making this an item that we should look at in government,” Gerken said. “Let’s not be afraid of this conversation. Let’s start this conversation.”
When asked if this meant he was willing to support and push for a conviction integrity unit, Gerken replied: “I am happy to lead or be part of the conversation about a conviction integrity unit. It’s good government. It’s good policy.”
He made the point that Lucas County was selected in 2015 for a series of MacArthur Foundation grants for criminal justice reform, most notably on how to address overcrowding in jails, so it is a reform-minded community.
“We just can’t talk about how many ankle monitors there are or how many new prosecutors or bailiffs that there are,” Gerken said. “It has to really be about justice for people that were convicted wrongly. That happens. We know it happens. It’s not deniable. It happens in our system and a way to correct that is an integrity unit.”
Some states, including Michigan, have conviction integrity units at a state level, but most of them operate through the office of the county prosecutor, with additional funding from the county. In Ohio, Cuyahoga, Summit, and Franklin counties have units. The Columbus-based unit began accepting claims of innocence cases on May 1.
Last month, 11 Investigates reported on the Wayne County CIU, located in Detroit. During the past five years, 36 men have earned their freedom after reviews by the unit.
It is led by Valerie Newman, a former defense attorney, who works with investigators to re-interview witnesses, review documents and testimony, and conduct DNA testing in cases where it is needed. Her team makes recommendations to Prosecutor Kym Worthy, who ultimately decides if the evidence is compelling enough to seek relief from the court.
Every request for relief that the office has taken to court has been accepted by local judges.
During a May interview, Newman said she often advises other municipalities on how to create a successful framework for a unit. Wayne County and grants provide the funding for her team.
During a recent investigation on post-conviction plea deals, known as "dark pleas" by Ohio Supreme Court Justice Michael Donnelly, Donnelly, University of Wisconsin law professor Keith Findley, and local defense attorney Michael Stahl recommended a conviction integrity unit as a way to build trust in the judicial system.
In the past year, four men who had legitimate claims of innocence have been offered post-conviction deals by Lucas County Prosecutor Julia Bates’ office.
They all went home much quicker than if they would have continued their wrongful conviction claims, but by accepting plea deals, they also likely gave up any possibility of winning exoneration. A CIU would be a shorter route to having claims investigated and likely more successful post-conviction claims.
There is also at least one man – Eric Misch - who was convicted of murder in the early 1990s who will be receiving a hearing in August for a new trial. He, along with four other men, were convicted of beating a man to death in 1992. But his defense team recently discovered several files that were not turned over to his lawyers, including files on multiple alternative suspects. All five men have professed their innocence.
Bates has not responded to multiple requests for comment from 11 Investigates since the airing of “Guilty Without Proof” in August 2019. She has yet to respond to voicemail or email requests sent on Wednesday.
But Gerken is confident that their longtime friendship will result in a constructive conversation. He called her about the idea on Tuesday afternoon.
“I think the prosecutors ought to engage with the commissioner’s office because we fund her. If there is a cost around this, we should talk about it,” Gerken said. “But we have to give people some hope if they are wrongly convicted. In the criminal justice system, the weight of being wrong is much higher than if I miss a line of sewer in a development project.”