Franklin County prosecutor forming new unit to investigate wrongful-conviction claims

The Franklin County prosecutor's office has received a federal grant to create a unit dedicated to investigating wrongful conviction claims.

County commissioners at their meeting on Tuesday formally accepted the $551,727 grant, which was awarded by the U.S. Department of Justice.

The three-year grant will allow the prosecutor's office to hire an assistant prosecutor and support staff for an independent Conviction Integrity Unit, whose sole purpose will be "investigating credible claims of actual innocence and wrongful convictions," according to a proposal sent to commissioners by First Assistant Prosecutor Edward Leonard.

"We are seeing some of these types of cases, where new evidence comes to light that brings a conviction into question," Leonard told The Dispatch. "This is not about questioning the work of the office. It's about those instances where new information comes to light that warrants a review of the circumstances of that case."

Often, that new information comes in the form of DNA.

Earlier this month, for instance, Franklin County Common Pleas Judge Colleen O'Donnell granted a new trial to a man who has spent 16 years in prison after DNA evidence that wasn't available at the time of his trial raised questions about his conviction in an armed robbery case.

One year ago, Ohio Supreme Court Chief Justice Maureen O'Connor established a Task Force on Conviction Integrity and Postconviction Review, which has been working since then to establish recommendations for identifying and investigating cases worthy or review.

"We know from exoneration data that justice isn't always served in our state, and this task force would be a great first step in making improvements," O'Connor said at the time.

Franklin County Common Pleas Judge Stephen L. McIntosh, a member of the task force, said the group is "very close" to approving its final draft.

McIntosh said Conviction Integrity Units are an enormous help to him and other judges, who "get flooded with post-conviction motions. My concern as a judge is, do I get so fatigued by these motions rolling in from these guys in prison that I do not really look at them as deeply as I need to?

"So I think it's great that the prosecutor's office is creating their Conviction Integrity Unit that can vet (wrongful conviction claims) and be able to put in the kind of time so that those that seem to have some meritorious arguments can be put forward."

The National Registry of Exonerations identifies 91 people who have been wrongfully convicted in Ohio since 1989, representing the cumulative loss of 983 years of their lives behind bars — an average of 10.6 years each.

The total includes 34 people convicted of murder.

The registry identifies 41 conviction-integrity units at prosecutors' offices around the country, most created in the past decade, that have exonerated defendants.

Cuyahoga County's unit, established in 2014, is responsible for six exonerations. The registry identifies Summit County as having the only other conviction-integrity unit in Ohio. Established in 2019, it has had no exonerations so far.

Forming a Conviction Integrity Unit for the Franklin County prosecutor's office was among the campaign promises made by Gary Tyack during the Democrat's successful campaign to defeat longtime Republican prosecutor Ron O'Brien in 2020, according to Kayla Merchant, who managed his campaign and now serves as his office spokesperson.

The office plans to hire an assistant prosecutor who is "well versed in post-conviction litigation and the use of DNA evidence" to lead the unit, Leonard wrote in his letter to commissioners.

The unit will review only convictions that occurred in Franklin County Common Pleas Court. "New or credible evidence of innocence must exist" for a case to be reviewed, Leonard wrote.

At the conclusion of such an investigation, a review board consisting of seven volunteer members who are independent of the office will review the findings and issue a report to the prosecutor.

After the grant money runs out, the Conviction Integrity Unit will continue to operate, Leonard wrote, and will seek funding from the county.

jfutty@dispatch.com

@johnfutty

This article originally appeared on The Columbus Dispatch: Federal funding to support Franklin County Conviction Integrity Unit