TOLEDO, Ohio — The Conviction Integrity Unit of the Lucas County Prosecutor's Office on Monday released the results of the first case it has reviewed since forming in July.
The CIU reviewed State of Ohio v. Terry after accepting it in March. Joel Terry was convicted of five counts of rape in March 2019 of a victim under the age of 10. He was sentenced to life in prison with a possibility of parole after 75 years.
The CIU discovered new evidence after it examined the victim's underwear for DNA, which was also done in the original case. An intake report from Lucas County Children Services dated Dec. 3, 2018, was also found in the review.
In the most recent findings, the CIU had DNA from the original case reexamined by Pittsburgh's Cybergenetics Laboratory, using TrueAllele DNA technology and electronic data from the Ohio Bureau of Criminal Investigation.
Terry's DNA was ultimately ruled out as the male DNA on the underwear, according to the prosecutor's office on Monday.
The state has filed a motion to appoint independent counsel for Terry to determine whether to seek post-conviction relief.
"Our responsibility is to pursue justice, not just convictions," Prosecuting Attorney Julia Bates said in the news release. "The Conviction Integrity Unit reflects our commitment to reviewing cases when credible new evidence arises and we examine that evidence transparently and fairly to ensure justice for all involved."
Earlier this year, Lucas County Commissioner Pete Gerken credited 11 Investigates for its reporting and pressure on the county to begin the unit.
The CIU is led by assistant prosecutor Alyssa Breyman and reviews past convictions for credible claims of innocence and cases to uphold convictions.
At the press conference in July to announce the CIU, the prosecutor's office said it would initially review five cases and determine if it would review a case based on specific criteria: the defendant is currently incarcerated and living, was convicted of a felony offense involving violence, was convicted at trial in the Lucas County Common Pleas Court, presents a credible, non-frivolous claim of actual innocence or wrongful conviction supported by new evidence and has no pending appeals or other post-conviction litigation.
The CIU then reports its findings to the prosecutor's office and the final decision rests with the prosecuting attorney.
Over the past several years, Lucas County has had a number of high-profile cases that involved claims of innocence. In 2019, 11 Investigates conducted a six-month investigation into the 1998 murder of a 13-year-old Toledo boy. Wayne Braddy and Karl Willis were convicted. As a result of our investigation, Braddy and Willis were released from prison.
More recently, Eric Misch was granted a new trial in the 1992 murder of Toledoan Vernon Huggins. Last year, 11 Investigates reported that several pieces of evidence were not provided to Misch's team. Judge Gary Cook said Toledo detectives should have turned over that potentially key evidence.