TOLEDO, Ohio — Lucas County Prosecuting Attorney Julia Bates, along with the Board of Lucas County Commissioners, officially announced Tuesday the creation of a conviction integrity unit during a press conference at the Lucas County Courthouse.
The prosecutor's office said the CIU, led by assistant prosecutor Alyssa Breyman, will review past convictions for credible claims of innocence. It will also conduct case reviews to "uphold the integrity of convictions." The prosecutor's office said that if a wrongful conviction is identified, the CIU will take action in accordance with the law.
"Our office researched similar units across the state of Ohio in Cuyahoga, Franklin and Summit Counties, as well as Wayne County, Michigan, with input from the University of Pennsylvania's Quattrone Center," Bates said. "The unit we created pulled elements from all of those units.
The prosecutor's office said the CIU is initially reviewing five cases. The unit will consider cases that meet the following 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.
Those criteria would seemingly rule out several people 11 Investigates has profiled over the years, including Willie Knighten, who attended the press conference. But after the press conference, Bates talked to Knighten, shook his hand and told 11 Investigates that his was a unique case that could be considered.
"I'm always optimistic," Knighten said. "I was optimistic about making it out of prison. I was optimistic about staying out of prison. I was optimistic about going back into the prisons to help others. The truth will come out. Absolutely."
He also praised the new unit and expressed hope for those he believes were wrongfully convicted.
"This was definitely needed. It was time for it. I believe that collaboration between the prosecutor's office and the commissioner's office is what it's going to take. The accountability will be there."
In 2019, 11 Investigates aired "Guilty without Proof," which examined the claims of innocence of two men, Wayne Braddy and Karl Willis, who were convicted of a 1998 murder. Our investigation led to them being released from prison, but Bates required that they take an Alford plea, which is legally a guilty plea without having to admit guilt. Bates said her office has not ruled out looking at cases where a person pleaded guilty or took an Alford plea.
Bate said to initiate a review, an approved referral source within the office must refer the case to the conviction integrity unit. From there, the CIU will review cases and look at factors such as overlooked evidence, eyewitness misidentification, junk science, false convictions, ineffective assistance of counsel and prosecutorial or law enforcement misconduct.
"We've seen through criminal justice reform that sometimes the system doesn't work and doesn't get convictions right," Commissioner Pete Gerken said. "It happens. To say it never happens would be foolish. So it's worth the time and taxpayers' money to set up a unit to make sure we get convictions right and protect everybody."
Gerken opened his remarks by calling it a monumental day for Lucas County but also saying that "Justice should be blind, but it doesn't mean that it should be deaf and dumb."
Once the review board and prosecutor receive the written report from the conviction integrity unit, the prosecutor's office said they will meet to evaluate the case and "consider appropriate actions in its final decision."
According to LCPO, the final decision will include a statement of the findings related to the claim of actual innocence or wrongful conviction. If the prosecutor and review board find the conviction to be "unsound or worthy of relief," the prosecutor's office will put together a plan of action that could include the following: a joint petition to the trial court for appointment of counsel to pursue a motion for a new trial or other post-conviction relief; a pardon "or other relief as this may be appropriate given the procedural history of the case."
The prosecutor's office said final decisions are ultimately in each case "rests solely" with the Lucas County Prosecuting Attorney. The prosector's decision cannot be further reviewed or appealed in any court.
"I can tell you that if my staff says to me that we that we should take this as a case of possible exoneration, do you think for a minute that I'm arguing with them? Why would I? No self-respecting prosecutor would ever, ever want an innocent person locked up."
Bates said initially the time will include the director, an investigator and one or two other members. But that she won't be afraid to ask commissioners for additional funding for another investigator or other staff members. Gerken promised sufficient funding for the unit.
"We owe it to every residence, judge, prosecutor, attorney and family member to make sure every conviction in Lucas County is thoroughly reviewed," Commissioner Lisa Sobecki said. "With this new unit, we now have a process in place for cases with question marks."