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The People Behind <strong>OIP</strong><br />

Saving Lives Takes Passion;<br />

Hard Work, Idealism Will Follow<br />

Record Year for Exonerations<br />

Recantations Lead<br />

to Freeing Six<br />

Grooming a New Life<br />

<strong>OIP</strong> Gives Nancy Smith<br />

a Dog-Grooming Career,<br />

Puts Her on Path of Peace<br />

S E C O N D E D I T I O N<br />

<strong>OIP</strong><br />

REVIEW<br />

Ohio Innocence Project | UC College of Law<br />

University of Cincinnati College of Law 27


Table of Contents | Published in 2015<br />

Key Moments in 2014-15................................................................................................2<br />

Saving Lives Takes Passion — Hard Work and Idealism Will Follow...............6<br />

<strong>OIP</strong> By the Numbers..................................................................................................... 12<br />

<strong>OIP</strong> Board of Advocates............................................................................................... 14<br />

Rosenthal Award-Winning Attorneys Say <strong>OIP</strong> Work Most Meaningful...... 15<br />

Lois Rosenthal’s Purpose in Life: To Create Justice, Care for the Lowly<br />

and Share Art with the World......................................................................... 16<br />

Recantations Lead to Freeing Six............................................................................. 18<br />

Ricky Jackson Impacts <strong>OIP</strong> Students, Inspires Them To Get Involved........ 21<br />

<strong>OIP</strong> Honor Roll of Donors........................................................................................... 22<br />

Grooming a New Life................................................................................................... 24<br />

Litigation Update on Kevin Thornton.................................................................... 25<br />

Cover Illustration: Keith Negley<br />

Design: Parkey Design<br />

Editor: Deb Rieselman<br />

Contributors:<br />

Lisa David<br />

Liza Dietrich<br />

Sherry English<br />

Mark Godsey<br />

Jodi Shorr<br />

Photographers:<br />

Mark Bealer<br />

Kamron Khan<br />

Jay Yocis<br />

University of Cincinnati<br />

College of Law<br />

Ohio Innocence Project<br />

P.O. Box 210040<br />

Cincinnati, OH 45221-0040<br />

513-556-0752<br />

What is the <strong>OIP</strong>?<br />

The Ohio Innocence Project Team 2015-16<br />

Left to right — Top row: John Elleman, Andrew Hakala-Finch, Alex Barengo, Chris Collman. Second row: Maxel Moreland, Christopher Diedling,<br />

Stephen Otte, Kendall Jent, Stephen Kelly. Third row: Jennifer Bergeron (staff attorney), Sam Dixius, Jack Duhan, Shellby Allen, Miranda<br />

Anandappa, Jodi Shorr (administrative director). Fourth row: Mark Godsey (director), Brian Howe (staff attorney) Liza Dietrich (research<br />

and writing assistant), Kathryn Lucas, Mallorie Thomas, Rebecca Brizzolara, Jordan Blake (intern), Donald Caster (staff attorney). Not pictured:<br />

Joe Wambaugh.<br />

Notice of Non-Discrimination<br />

The University of Cincinnati does not discriminate<br />

on the basis of disability, race, color, religion,<br />

national origin, ancestry, medical condition,<br />

genetic information, marital status, sex, age, sexual<br />

orientation, veteran status or gender identity and<br />

expression in its programs and activities. The following<br />

positions have been designated to handle inquiries<br />

regarding the University’s non-discrimination policies:<br />

The Ohio Innocence Project is Ohio’s only nonprofit organization<br />

dedicated to freeing innocent people in prison and preventing wrongful<br />

convictions. To achieve this, the <strong>OIP</strong> informs the public of criminal justice<br />

system flaws, works to improve the system and educates law students<br />

to be sensitive to systemic problems. To fulfill its mission, the <strong>OIP</strong> must<br />

build a sustainable organization.<br />

<strong>OIP</strong> values include: 1) honesty; 2) leadership to shape a better future;<br />

3) passion, demonstrated through a commitment in the heart<br />

and mind; 4) respect that honors the dignity of others; 5) teamwork;<br />

and 6) excellence that strives for the highest level of professionalism.<br />

The <strong>OIP</strong> will work only on cases where new evidence supports an<br />

inmate’s claim of innocence.<br />

Section 504, ADA, Age Act Coordinator<br />

340 University Hall, 51 Goodman Drive<br />

Cincinnati, OH 45221-0039<br />

513-556-6381; hronestp@ucmail.uc.edu<br />

Title IX Coordinator<br />

3115 Edwards 1, 45 Corry Blvd.<br />

Cincinnati, OH 45221<br />

513-556-3349; title9@ucmail.uc.edu<br />

For further information on notice of nondiscrimination,<br />

visit http://wdcrobcolp01.ed.gov/<br />

CFAPPS/OCR/contactus.cfm for the address and phone<br />

number of the office that serves the University, or call<br />

1-800-421-3481.<br />

Improving the criminal justice system 20 lawyers at a time<br />

Thanks to the support of those who<br />

are reading this magazine, the <strong>OIP</strong>, in<br />

its first decade, has become one of the<br />

preeminent innocence organizations<br />

in the world. Since our founding in<br />

2003, the <strong>OIP</strong> has freed more innocent<br />

people than any other state-based<br />

innocence organization in the country.<br />

To date, we have freed 23 Ohio inmates<br />

on grounds of innocence, who have<br />

jointly served more than 425 years in<br />

prison for crimes they did not commit. We have also drafted and<br />

helped pass ground-breaking legislative reforms to decrease the<br />

chance that innocent Ohioans will be wrongfully convicted in<br />

the future.<br />

Still, much work remains to be done. Large bureaucracies<br />

such as our criminal justice system are slow to change. Our work<br />

has demonstrated serious flaws in eyewitness identification<br />

evidence, a surprisingly high rate of false confessions and the<br />

unreliability of the forensic sciences. Yet shockingly few steps<br />

have been taken to improve the state of evidence used to convict<br />

our own citizens. Indeed, even if all possible improvements were<br />

someday adopted, human error will always exist as long as<br />

humans are in charge.<br />

Thanks to the work of all the innocence organizations<br />

around the country and around the world, <strong>OIP</strong> is now widely<br />

recognized as a “backend check” on the system and a means to<br />

search for innocent prisoners who fell through the cracks of the<br />

criminal justice machinery. Primarily, it needs to be a permanent<br />

part of our criminal justice landscape. And thanks to your ongoing<br />

support, the <strong>OIP</strong> will be here to fill that crucial need going forward.<br />

But the <strong>OIP</strong> does more than free the innocent and fight for<br />

reforms to decrease wrongful convictions. It trains law students<br />

and exposes them to the problems in the system. Each year,<br />

approximately 20 law students spend a full year working in the<br />

trenches — digging through files, interviewing witnesses and<br />

applying their knowledge of forensic techniques like DNA testing,<br />

as well as so many other things that make up the work we do.<br />

They learn in a hands-on fashion how to build a case and<br />

what can make a case go wrong, resulting in a tragic injustice.<br />

They learn to question, to never accept the easy answer and to<br />

keep digging with an open mind to finding the truth.<br />

By sending 20 new lawyers out into the world each year,<br />

each of whom has gone through this eye-opening experience, we<br />

hope to help make the criminal justice system more open-minded,<br />

more questioning, more tolerant, more unbiased and, ultimately,<br />

more truth-seeking. And most important, we are supplying our<br />

community with 20 new lawyers who know that even the smallest<br />

among us — such as a law student — can take on the system and<br />

correct an injustice that the system has refused to recognize.<br />

The <strong>OIP</strong> is pleased to present you with this publication,<br />

updating you on our important work.<br />

Thank you for your ongoing support.<br />

Mark Godsey<br />

Daniel P. and Judith L. Carmichael Professor of Law<br />

Director and Co-Founder, Ohio Innocence Project<br />

University of Cincinnati College of Law 1


Key Moments in 2014-15<br />

<strong>OIP</strong> Honors Its First Decade of Progress<br />

On Oct. 25, 2014, alumni, staff, donors, exonerees<br />

and friends of the Ohio Innocence Project joined<br />

together to commemorate <strong>OIP</strong>’s first decade<br />

of battling injustice and freeing the wrongfully<br />

convicted in Ohio. The 10th Anniversary Gala was<br />

hosted by Cincinnati Mayor and <strong>OIP</strong> co-founder<br />

John Cranley.<br />

Attendees were welcomed by Santa J. Ono,<br />

University of Cincinnati president and an avid<br />

UC President Santa supporter. Exoneree Nancy Smith and former <strong>OIP</strong><br />

J. Ono<br />

fellow Eva Hagar provided special commentaries,<br />

reflecting on their individual experiences with <strong>OIP</strong>,<br />

emphasizing the depth of the program’s impact and its importance.<br />

The event celebrated five honorees whose contributions have<br />

helped <strong>OIP</strong> quickly become one of the most successful Innocence<br />

Projects in the nation.<br />

First, exoneree Robert McClendon presented a special award to<br />

Peter Vitulli, president and CEO of the DNA Diagnostics Center (DDC).<br />

DDC has generously provided <strong>OIP</strong> with free forensic DNA testing<br />

since 2005. This testing has been instrumental in four of <strong>OIP</strong>’s<br />

exonerations, including McClendon’s exoneration in 2008.<br />

The next two honorees, Jim and Nancy Petro, received<br />

recognition from exoneree Dean Gillispie for their continued support<br />

of the <strong>OIP</strong>. Jim helped <strong>OIP</strong> secure the freedom of exoneree Clarence<br />

Elkins and later worked pro bono for the organization, helping free<br />

Gillispie. Jim was also instrumental in the passing of Senate Bill 77,<br />

a reform package that offered strong new protections for avoiding<br />

wrongful convictions and made it easier to exonerate innocent<br />

prisoners through DNA testing. Nancy is nationally recognized for<br />

her literary contributions to the innocence movement.<br />

Louis Bilionis (dean at the time) honored the two people who<br />

have been <strong>OIP</strong>’s biggest benefactors — Dick and Lois Rosenthal,<br />

who together helped build <strong>OIP</strong> from the ground up. The “backbone”<br />

of <strong>OIP</strong>, the Rosenthals are largely responsible for the program’s<br />

substantial advancement in such a short period of time.<br />

<strong>OIP</strong> director and co-founder Mark Godsey remarked that in<br />

just 10 years the <strong>OIP</strong> secured the freedom of 17 individuals, who<br />

combined served nearly 300 years in prison. Without the <strong>OIP</strong>’s<br />

efforts, these individuals would likely have spent the night of the<br />

gala in prison cells, doing time for crimes they did not commit.<br />

Watch the moving video about the first 10 years of <strong>OIP</strong>.<br />

https://youtu.be/buNbARJQQU8<br />

Robert McClendon (exoneree),<br />

Peter Vitulli<br />

Jim Petro, Nancy Petro, Dean Gillispie (exoneree)<br />

Molly Elkins, Clarence Elkins<br />

(exoneree)<br />

Justin Jennewine (<strong>OIP</strong> Class of 2014-15), Mason<br />

Kelly, Melissa Kelly, Nancy Smith (exoneree),<br />

Jon Kelly (<strong>OIP</strong> Class of 2014-15), Courtney Smith,<br />

David Breedon, Kimberly Breedon<br />

Lynn Chabris, Anne DeLyons,<br />

Paula Muething<br />

Chick Dorfman, John Isidor<br />

Jim Helmer, Dick Rosenthal<br />

Rebecca Zemmelman (<strong>OIP</strong><br />

Class of 2014-15) and Hon.<br />

Marianna Brown Bettman<br />

From the left — Top row: Bridget Cameron, Scott Hasson, Judy<br />

Mincy, Brendan O’Reilly (<strong>OIP</strong> Class of 2011-12), Aimee Wallace<br />

Bottom row: Jodi Shorr, Greg Moredock (<strong>OIP</strong> Class of 2011-12),<br />

Annie Paul<br />

Mark Godsey, then-dean<br />

Louis Bilionis, Dick Rosenthal,<br />

Mayor John Cranley<br />

James Fondriest, Sarah Topy, Cliff Schecter,<br />

Curtis Scribner (<strong>OIP</strong> Class of 2005-06),<br />

Aftab Pureval<br />

2 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW University of Cincinnati College of Law 3


Key Moments in 2014-15<br />

Cognitive Neuroscience Researcher<br />

from London Visits College of Law<br />

Last November, the Ohio Innocence Project<br />

and UC Law’s Criminal Law Society invited<br />

Dr. Itiel Dror to speak at the University of<br />

Cincinnati College of Law. Dr. Dror is the<br />

senior cognitive neuroscience researcher<br />

at University College London. Dr. Dror<br />

addressed a packed lecture hall made up<br />

of students and members of the Cincinnati<br />

legal community.<br />

He discussed his groundbreaking research, which included<br />

findings revealing the effect of cognitive bias on crime-scene<br />

expert testimony. Dror explained that cognitive bias renders<br />

expert testimony far less reliable than both the criminal justice<br />

system and the public generally believe. Dror explained that the<br />

way experts think and the way the brain works makes scientific<br />

testimony highly prone to human error.<br />

Left to right — Terry Gilbert, Mark Godsey, Brian Howe, Wiley<br />

Bridgeman, Ricky Jackson, Kwame Ajamu, David Mills<br />

Professor and Ohio Innocence Project director Mark Godsey,<br />

<strong>OIP</strong> attorney Brian Howe and three exonerees were recognized<br />

with the “Rose Elizabeth Bird Commitment to Justice Award”<br />

at the 24th Annual Death Penalty Focus Awards dinner, held<br />

May 7, 2015, in Beverly Hills, Calif. Death Penalty Focus is an<br />

organization committed to the abolition of the death penalty.<br />

The award recognizes individuals whose actions and stories<br />

bring to light the flaws in the U.S. judicial system.<br />

The organization’s president, Mike Farrell, wrote about the<br />

honorees, “Your efforts, which resulted in the exoneration of<br />

these men for a crime they did not commit, are an incredible<br />

accomplishment. It is cases like these which further illustrate<br />

the importance of our work to end the death penalty.” Farrell,<br />

an actor and activist, is well-known for his role as B.J. Hunnicutt<br />

from the hit TV show “M.A.S.H.”<br />

Ricky Jackson, exoneree, shares his experiences with the community.<br />

‘Art After Dark’<br />

Sheds Light on <strong>OIP</strong><br />

Death Penalty Advocacy Group Honors Ohio Innocence Project and Its Exonerees<br />

Event attendees included:<br />

• Ed Asner, known for his Emmy Award-winning role as<br />

Lou Grant on “The Mary Tyler Moore Show” and for his<br />

starring role on the spin-off “Lou Grant,” as well as his<br />

role as Ed Wunclear on “The Boondocks”<br />

• Actress Amy Brenneman, known for her roles in the<br />

TV series “Judging Amy,” as Violet Turner in “Private<br />

Practice” and as Laurie Garvey in HBO’s “The Leftovers”<br />

• Larry Flynt, Jr., Larry Flynt Publications president<br />

Godsey and Howe were recognized for their representation<br />

of Ricky Jackson, who was freed. The <strong>OIP</strong>’s investigation<br />

ultimately freed Jackson’s co-defendants, too: Wiley Bridgeman<br />

and Kwame (Bridgeman) Ajamu (both represented by Terry<br />

Gilbert and David Mills) — who, along with Jackson, were<br />

honored for their courage and commitment. Together the men<br />

served more than 100 years in prison — many of those years on<br />

death row — for a crime they did not commit.<br />

Jackson has the tragic distinction of setting the record for<br />

the longest-serving person to be exonerated in U.S. history,<br />

39 years. The men were exonerated after a key prosecution<br />

witness recanted his story that he saw the men shoot and kill a<br />

Cleveland businessman in 1975.<br />

Three more awards: <strong>OIP</strong> also received the Champions for<br />

Connecting Cultures & Communities award from the Cincinnati<br />

Human Relations Commission in July 2015. By the end of the<br />

year, <strong>OIP</strong> will also have won the Outstanding Program Award<br />

from the Ohio State Bar Foundation and the 2015 Rescuer of<br />

Humanity Award from Values-in-Action for its commitment to<br />

improve humanity.<br />

On July 31, 2015, the Ohio Innocence<br />

Project partnered with the Cincinnati<br />

Art Museum’s “Art After Dark” event.<br />

The event featured a beer garden in the<br />

museum courtyard, music and a VIP room<br />

with appetizers for <strong>OIP</strong> guests.<br />

The general public was invited to<br />

meet and hear Ricky Jackson share his<br />

story as the longest-serving person to be exonerated in history.<br />

Mayor Cranley, <strong>OIP</strong> director Mark Godsey and exonerees<br />

Robert McClendon and Dean Gillispie were among the 150<br />

in attendance.<br />

Mr. Jackson graciously fielded questions from the<br />

audience, talking about his experience serving time in prison.<br />

While there were many emotionally driven moments to Mr.<br />

Jackson’s story, his most insightful explanation of his life after<br />

being wrongfully convicted and freed was summed up with<br />

this final thought about what most people take for granted,<br />

like walking under the stars: “What you may consider ordinary,<br />

I consider extraordinary.” After spending the majority of his life<br />

incarcerated, Mr. Jackson said he fully appreciates everything<br />

that freedom has to offer.<br />

The “Art After Dark” event was just one of several domestic<br />

public speaking appearances by Mr. Jackson as he uses his<br />

own story to draw attention to the impact the Ohio Innocence<br />

Project has made<br />

and the shortfalls<br />

of our criminal<br />

justice system.<br />

Ricky Jackson (left), Robert McClendon<br />

Mark Godsey speaking in Beijing in 2013<br />

Ohio Innocence Project Leads<br />

International Innocence Movement<br />

Mark Godsey and the Ohio Innocence Project, through its<br />

international component called the Center for the Global Study<br />

of Wrongful Convictions, have been leaders in helping the<br />

Innocence Movement spread around the world.<br />

In the past decade, Mark has helped establish innocence<br />

organizations throughout Europe, Asia and Africa, while<br />

regularly consulting on such cases around the world. He has<br />

spoken about the movement to the Supreme Courts of China<br />

and Poland, and has given public lectures on the subject in<br />

India, South Africa, Ireland, the Netherlands, Wales, the Czech<br />

Republic and Italy, among others.<br />

Mark is co-chair of the Innocence Network’s international<br />

committee and is part of a working group dedicated to<br />

establishing the right for prisoners to seek their release through<br />

new evidence of innocence as an international human right.<br />

Innocence Project co-founder Barry Scheck has recognized<br />

the Ohio Innocence Project as one of the organizations at the<br />

forefront of the International Innocence Movement.<br />

In 2011, the <strong>OIP</strong> hosted the first International Innocence<br />

Conference at the Freedom Center in Cincinnati. Scheck<br />

referred to the conference as groundbreaking, noting that <strong>OIP</strong><br />

has taken the lead in doing international work.<br />

To stay updated on wrongful convictions news,<br />

check out Mark Godsey’s blog www.wrongfulconvictionsblog.org.<br />

Little known fact: <strong>OIP</strong> frequently hosts international<br />

visitors who fly all the way to Ohio to spend a summer<br />

working as fellows. During the summer of 2015, <strong>OIP</strong> had<br />

visitors from Ireland and Italy.<br />

4 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW University of Cincinnati College of Law 5


assion<br />

Saving Lives Takes Passion —<br />

Hard Work and Idealism Will Follow<br />

by Deb Rieselman<br />

“When I was in prison, seeing<br />

how hard the <strong>OIP</strong> students<br />

worked on my case inspired me<br />

and gave me hope, something<br />

I had not had for years.<br />

Whenever they came to visit<br />

me in prison, it was a blessing.<br />

“I’m not much on words, but<br />

I speak from the heart. They<br />

changed my life.”<br />

— Clarence Elkins, freed from<br />

prison in ’05 after serving 7.5 years,<br />

speaking at the UC College of Law in ’06<br />

“It’s absolutely intriguing how<br />

these skilled and remarkable<br />

law students so immerse<br />

themselves in these cases.<br />

For them, they have no bias,<br />

no baggage, no paying clients.<br />

They can look at things through<br />

untainted lenses.<br />

“It’s not just a matter of<br />

enforcing the law for them, but<br />

fighting for justice. The fight for<br />

justice is the higher ideal.”<br />

“ So many students through the<br />

years have poured their hearts<br />

and souls into this case. So<br />

many of them have cried with<br />

Dean (Gillispie) and his mother,<br />

or held their hands. Without<br />

their passion and inspiration,<br />

this victory would not have<br />

happened.<br />

“Student idealism and passion<br />

is the lifeblood of the <strong>OIP</strong>.<br />

The students are what make<br />

us better than other legal<br />

organizations that aren’t run<br />

by students.”<br />

— Jim Canepa, chief deputy<br />

attorney general, whose office<br />

intervened to get Elkins a new trial<br />

when <strong>OIP</strong> found DNA evidence<br />

that excluded Elkins from the case,<br />

speaking at UC with Elkins in ’06<br />

— <strong>OIP</strong> director Mark Godsey,<br />

speaking after the December 2011<br />

release of Gillispie, who had served<br />

20 years in prison<br />

“Student idealism and<br />

passion.” That’s how director<br />

Mark Godsey sums up the lifeblood<br />

of the Ohio Innocence Project, and no one<br />

would argue — neither the prisoners nor<br />

the state attorney general’s office.<br />

That passion is what leads UC law<br />

students to labor an entire 12 months,<br />

even full time during the summer term.<br />

That passion keeps them from shirking<br />

any responsibilities when 20 cases are<br />

handed to them as soon as they walk<br />

through the door. Sometimes, they will<br />

work evenings and travel out of town.<br />

Rarely, will they see a case through to<br />

the end.<br />

And it takes both passion and<br />

idealism to keep them focused on the<br />

fact that <strong>OIP</strong> has freed 23 prisoners over<br />

the last 12 years, rather than dwelling on<br />

the reality that the vast majority of their<br />

efforts will fail, based upon the numbers.<br />

“There’s an emotional toll to that,” says<br />

administrative director Jodi Shorr.<br />

But the encouraging aspect is that<br />

when Godsey said, “The students are<br />

what make us better than other legal<br />

organizations that aren’t run by students,”<br />

he meant those last three words. These<br />

students are doing real work.<br />

Right from the start, they make case<br />

presentations to the <strong>OIP</strong> staff and other<br />

fellows regarding which cases they should<br />

take. During the course of a one-year<br />

fellowship, they will conduct research,<br />

knock on doors, visit inmates, meet<br />

families, request public records, study<br />

cases down to the tiniest minutia, meet<br />

with staff attorneys nearly daily and try as<br />

hard as possible to uncover new evidence.<br />

“We throw them in,” Shorr admits,<br />

“and they’re holding someone’s life in<br />

their hands. It’s overwhelming.”<br />

“Well, it’s reasonably overwhelming,”<br />

clarifies current <strong>OIP</strong> student Max Moreland<br />

at about six weeks into the job. “It’s a great<br />

opportunity to see what a lawyer can do,<br />

and it’s a really good cause — having the<br />

ability to change someone’s life.”<br />

From the left — <strong>OIP</strong> staff Jennifer Paschen Bergeron,<br />

Brian Howe, Mark Godsey, Liza Dietrich, Jodi<br />

Shorr, Donald Caster<br />

His <strong>OIP</strong> partner, Jack Duhan, adds,<br />

“We get good experience — hands-on<br />

stuff that people usually don’t get at our<br />

age. It’s a positive experience that has me<br />

thinking more and more about working in<br />

the area of criminal defense.”<br />

By the end of the academic year, each<br />

student will have handled about 60 cases.<br />

Shorr’s database of all cases, in which<br />

<strong>OIP</strong> had at least done some research or<br />

made some phone calls, totaled 7,684 by<br />

mid-July.<br />

<strong>OIP</strong> was born in 2003, and today<br />

the workload is handled by one director,<br />

one administrative director, two full-time<br />

6 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW<br />

University of Cincinnati College of Law 7


The <strong>OIP</strong> office is often full of fellows working on different cases — some working silently<br />

while trying to discover valuable research and others debating strategies with co-fellows<br />

and staff.<br />

staff attorneys (Brian Howe and Donald<br />

Caster currently), one part-time staff<br />

attorney (Jennifer Bergeron at present),<br />

one research and writing assistant (Liza<br />

Dietrich currently), no more than 20<br />

student “fellows,” as they are called, and a<br />

few summer interns (undergraduates).<br />

Attorney Howe, JD ’10, knows what<br />

it’s like. Not only does he supervise<br />

current students working on cases, but he<br />

also spent a year as an <strong>OIP</strong> fellow.<br />

Brian Howe, JD ’10, is the only current <strong>OIP</strong><br />

staff attorney who has previously been an<br />

<strong>OIP</strong> fellow.<br />

“They are lucky to get entrusted with<br />

a lot of responsibility so quickly,” Howe<br />

says. “This was one of the most fun and<br />

exciting experiences I had as a student.<br />

“I really liked the day-to-day work of<br />

reviewing boxes of old documents and<br />

being the underdog in litigation. Students<br />

get to track down witnesses from 20 years<br />

ago. They get to do fun stuff like finding<br />

new evidence. By fall, they are assisting<br />

staff attorneys with writing briefs.<br />

“By the spring, the students are<br />

the ones guiding cases. The difference<br />

between where they are now and<br />

where they will be in the spring will<br />

be astounding.”<br />

Unfortunately, at the end of the day,<br />

no one can go home and talk about what<br />

kind of day it’s been. That’s because all the<br />

stress, strain and occasional satisfaction<br />

surrounding legal cases are, of course,<br />

confidential.<br />

So each student selects a peer<br />

partner to work with at the beginning of<br />

the <strong>OIP</strong> fellowship. “It’s important to have<br />

someone who understands how hard the<br />

work is and what you’re going through,”<br />

explains Shorr.<br />

“It’s an emotionally heavy job. This<br />

helps ease the burden.”<br />

The partners share the same<br />

caseloads. They analyze cases together,<br />

compare results on the work they’ve done<br />

and check each other’s work.<br />

As they proceed, they report their<br />

findings and strategies to Shorr and the<br />

staff attorneys assigned to the cases.<br />

Shorr trusts their work and says with total<br />

honesty, “We listen to their opinions. No<br />

one knows the case files better than the<br />

fellows. We change each other’s minds all<br />

the time.”<br />

The three staff attorneys have a<br />

heavy workload due to their dual roles<br />

— being counselors good enough to<br />

stand up to the judicial system and being<br />

instructors good enough to teach law<br />

students to save lives.<br />

“I have about 60 cases in my head at<br />

all times,” Howe points out, “and they are<br />

never the same 60 cases from week to<br />

week. Only about 10 to 12 of them will be<br />

in active litigation. The rest are in various<br />

stages of investigation.<br />

“If we do a job well, that’s great, but<br />

if we make a mistake, an innocent person<br />

could die in prison. That is a huge amount<br />

of pressure.”<br />

The pressure of teaching may be less,<br />

but he takes it just as seriously. “We really<br />

care about the students understanding all<br />

of this,” he says. “Once you pour all of your<br />

time and energy into making sure they<br />

can handle these situations, you watch<br />

them become so competent at this niche<br />

job … then they leave us. Then we get 20<br />

more students.”<br />

Caring so much about justice being<br />

done seems to create an environment<br />

with lots of respect and camaraderie<br />

among students, staff and attorneys. Like<br />

most <strong>OIP</strong> fellows, Howe has remained in<br />

contact with people he knew from his<br />

fellowship year. “I was even a groomsman<br />

for the staff attorney who was here when I<br />

was a student,” he adds with a smile.<br />

The friendship in the office certainly<br />

serves a crucial function in helping to<br />

relieve stress. But Shorr has another<br />

avenue available. Once or twice a week,<br />

she brings in her two dogs.<br />

“Having dogs around can be very<br />

calming,” she states. “They were rescue<br />

dogs, and we rescue people.”<br />

By the time <strong>OIP</strong> fellows graduate,<br />

they can’t remember every name<br />

affiliated with every case they worked<br />

on. But they do try to follow up on some<br />

particular ones. Cases take years, if not<br />

decades, to be resolved. Consequently,<br />

different students over many years will<br />

work on the same cases.<br />

Such was the situation with Ricky<br />

Jackson, exonerated in November 2014<br />

after being sentenced to death for a<br />

murder he did not commit. Serving 39<br />

years in prison made Jackson the longestserving<br />

person to be exonerated in<br />

U.S. history.<br />

Staff attorney Howe investigated<br />

and litigated the case, which involved<br />

Howe and his fellows finding three new<br />

witnesses for the case by literally knocking<br />

on doors in the neighborhood where it<br />

happened and asking, “Were you around<br />

in 1975? Do you know anyone who knows<br />

anything about this case?”<br />

<strong>OIP</strong> fellows Stephen Kelly and Mallorie Thomas<br />

Originally, <strong>OIP</strong> fellow Scott Crowley,<br />

JD ’11, took particular notice of the case<br />

in 2010. He pressed the attorneys to keep<br />

the case open and to continue digging<br />

because he had a feeling something<br />

wasn’t quite right, Shorr explains. His<br />

persistence paid off.<br />

The next year, undergraduate<br />

intern Gretchen Schrader, was assigned<br />

the Jackson case as a special project.<br />

Frustrated that the city of Cleveland<br />

wasn’t responding to public records<br />

requests, Schrader continued to dig<br />

until she got all of the records needed.<br />

“It was Gretchen who obtained the vital<br />

information that would eventually break<br />

open the case,” Godsey says.<br />

A year later, fellow Sierra Merida,<br />

JD ’14, followed up on Schrader’s work,<br />

spending hours on the phone talking<br />

to potential witnesses. Eventually, she<br />

developed a strong rapport with a<br />

community of witnesses and got them to<br />

speak openly about the case.<br />

Godsey recalls when <strong>OIP</strong><br />

was working on the case for<br />

Douglas Prade, who served 15<br />

years before getting released<br />

in 2012. Through the years,<br />

Prade had carefully recorded<br />

the names of each student<br />

who had worked on his case.<br />

“Each year, when new<br />

students took over his case, he<br />

crossed out the names of the<br />

outgoing students and wrote<br />

in the new names,” Godsey<br />

says. “Doug told me that this<br />

Exoneree Dean Gillispie talks to <strong>OIP</strong><br />

administrative director Jodi Shorr.<br />

was among the most important pages in<br />

his personal diary.”<br />

Innocence Project founder Barry<br />

Scheck recognizes <strong>OIP</strong> as one of the most<br />

active and successful projects in the<br />

country. “The Ohio Innocence Project has<br />

become one of the premier projects,” he<br />

said on the group’s 10th anniversary. “The<br />

number of people they have freed and<br />

the legislative reforms they have been<br />

able to get passed in Ohio have made<br />

them a national model — actually, an<br />

international model — for success.”<br />

And maybe that is because the<br />

students and staff who interview students<br />

for the next year look for three things:<br />

the best combination of skills, varying<br />

personalities and passion. “Passion. That’s<br />

what we want,” Shorr firmly states. The<br />

rest naturally follows.<br />

8 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW University of Cincinnati College of Law 9


<strong>OIP</strong> Staff Profiles<br />

Jodi Shorr trades FBI for <strong>OIP</strong><br />

Initially, the prospect of working for an organization like the<br />

Ohio Innocence Project was not on Jodi Shorr’s radar. As an<br />

undergrad at Indiana University, Jodi majored in applied health<br />

science and minored in psychology, sociology and public<br />

health. After college while living in New Jersey, she worked<br />

in publishing.<br />

Then later when living in Washington, D.C., she worked<br />

at a health-outcomes research organization before making<br />

the decision to get her master’s. Intrinsically interested in the<br />

criminal mind and what motivates<br />

criminal behavior, Jodi planned<br />

to earn a master’s degree in<br />

criminology and eventually work in<br />

the FBI.<br />

Jodi attended Northern<br />

Arizona University, a decision she<br />

owes in part to director of the<br />

Arizona Innocence Project (AIP)<br />

Professor Rob Schehr. Schehr<br />

introduced Jodi to the concept of<br />

wrongful conviction and offered<br />

her the opportunity to work for the<br />

Arizona Innocence Project. Jodi<br />

worked as a graduate assistant for<br />

the AIP for two years, as well as a<br />

volunteer investigator for the AIP.<br />

While finishing her master’s degree in 2009, she did a summer<br />

internship at <strong>OIP</strong>.<br />

Less than a year later, <strong>OIP</strong>’s administrator left the position,<br />

and Jodi interviewed for and received the role. Over time,<br />

her job duties expanded, and in 2012, she became the<br />

administrative director for the Ohio Innocence Project.<br />

The Ohio Innocence Project has a dual purpose to serve<br />

those who have fallen through the cracks of the criminal justice<br />

system, as well as to help train future lawyers. When it comes<br />

to fulfilling these purposes, Jodi is a force to be reckoned with.<br />

She has played a significant role in making <strong>OIP</strong> the organization<br />

it is today.<br />

Students help motivate Donald Caster<br />

Donald Caster was born and raised in Buffalo, New York.<br />

Donald’s mother supported the family as a full-time<br />

administrative professional, while his father attended seminary.<br />

Donald was raised in an environment that valued religious<br />

principles. As he and his sister became adults, they both<br />

pursued different forms of human rights advocacy. While<br />

Donald’s sister joined the Peace Corps, Donald took a more<br />

traditional route and entered the legal profession.<br />

A 2003 graduate of the University of Cincinnati College<br />

of Law, Donald practiced law in many forms before coming to<br />

work for the Ohio Innocence Project. Right out of law school,<br />

Donald clerked for a federal judge in West Virginia, then joined<br />

a renowned civil-rights firm as an associate attorney. Next,<br />

Donald opened a solo practice, focused toward criminal defense<br />

and then worked as a Butler County prosecutor.<br />

In 2012, Donald learned of an opening at <strong>OIP</strong> and<br />

immediately applied. He was drawn to the challenging nature<br />

of post-conviction litigation and the unique opportunity to<br />

work with innocent clients.<br />

Three years later, Donald has come to appreciate another<br />

aspect of <strong>OIP</strong> — working with law students. Not only do the<br />

students help Donald stay motivated, but they have also<br />

proven to be an invaluable resource.<br />

When Donald was hired he had only six weeks to prepare<br />

for a hearing that would determine whether Glenn Tinney<br />

would be released from prison. By then, the fellows assigned to<br />

Tinney’s case had worked<br />

on it for several months.<br />

They helped bring Donald<br />

up-to-date on years<br />

of litigation and postconviction<br />

developments.<br />

Thanks to the students,<br />

Donald became familiar<br />

enough with the case to<br />

argue successfully for<br />

Tinney’s release.<br />

Foreign affairs led Jennifer Paschen<br />

Bergeron to law degree<br />

Prior to attending law school, Jennifer Paschen Bergeron<br />

studied international affairs and French at Centre College in<br />

Danville, Ky. She received<br />

a master’s in foreign affairs<br />

from the University of<br />

Virginia. After graduate<br />

school, Jennifer decided to<br />

study law at the University<br />

of Cincinnati College of Law.<br />

She graduated in 2002<br />

and became a member of<br />

the Ohio Bar the following<br />

November.<br />

As a new attorney,<br />

Jennifer worked in the<br />

litigation and employmentlaw<br />

department of Vorys’<br />

and Sater. She later left<br />

Vory’s and Sater to work as an associate for the firm of Ulmer<br />

and Berne.<br />

Jennifer was hired as a staff attorney with <strong>OIP</strong> in 2007. Less<br />

than a year later, she helped exonerate Robert McClendon.<br />

McClendon’s case was highlighted in the Columbus Dispatch,<br />

calling for the re-examination of several questionable<br />

convictions. Following the publication, Jennifer filed an<br />

application for DNA testing on McClendon’s behalf. Expecting<br />

a lot of pushback from the prosecutor’s office and a lengthy<br />

court battle, Jennifer was pleasantly surprised when the<br />

application went unopposed.<br />

Testing was conducted on evidence left over from the<br />

rape that led to McClendon’s conviction. The results proved<br />

McClendon innocent. Using the results, Jennifer helped<br />

overturn McClendon’s conviction. McClendon had served 18<br />

years prior to being released.<br />

Jennifer takes pride in knowing that <strong>OIP</strong> represents hope<br />

to thousands of wrongfully convicted inmates across Ohio. She<br />

often receives letters of gratitude from clients.<br />

A surprising number of these letters come from clients<br />

whose cases have been closed. This means a lot to Jennifer,<br />

especially when circumstances force her to close a case<br />

she truly believes in. It’s what she focuses on during the<br />

inevitable long stretches of time between court decisions<br />

and exonerations.<br />

New attorney Brian Howe once an<br />

<strong>OIP</strong> fellow<br />

In addition to being the newest attorney at <strong>OIP</strong>, Brian Howe<br />

is currently the only attorney on staff who was once a fellow<br />

with the project. During his second year as a student at the<br />

University of Cincinnati College of Law, Brian participated in<br />

<strong>OIP</strong> under the direction of then-staff attorney David Laing.<br />

Returning to <strong>OIP</strong> has given Brian the opportunity to review<br />

some of the same cases he had worked on in 2008-09. Not only<br />

is it interesting to view cases at two widely different stages in<br />

development, but he even saw some of the cases through to<br />

the end.<br />

Between November 2014 and March 2015, Brian secured<br />

the release of six of his clients. One of these clients was Ricky<br />

Jackson, who holds the record for the longest time served of<br />

any exoneree. Ricky was in<br />

prison for 39 years, which<br />

includes years before his<br />

attorney was even born. Yet<br />

Brian had worked on the<br />

case while a student.<br />

Prior to law school,<br />

Brian studied philosophy<br />

and Russian at the Ohio<br />

State University. As an<br />

undergrad, he spent a<br />

semester abroad in St.<br />

Petersburg, Russia. After<br />

earning his bachelor’s<br />

in 2003, he entered the<br />

workforce, negotiating<br />

ad rates for advertising<br />

agencies. Brian attended UC Law from 2007-10, during which<br />

time he became a fellow with <strong>OIP</strong> and interned at Legal Aid.<br />

After law school, Brian worked for Legal Aid as an Equal Justice<br />

fellow, litigating foreclosure and housing-related issues.<br />

Brian really likes the challenge of representing the<br />

underdog. At Legal Aid, he represented individuals who were<br />

facing eviction at the hands of large corporations and banks.<br />

Although he and his colleagues had high success rates, each<br />

case was an uphill battle.<br />

10 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW University of Cincinnati College of Law 11


Why were<br />

they convicted?<br />

{<br />

<strong>OIP</strong> by the Numbers<br />

2003-15<br />

Innocents released<br />

8<br />

Witness<br />

misidentifications<br />

12<br />

Official<br />

misconduct<br />

23<br />

False<br />

testimonies<br />

9 5<br />

Cases in which DNA was<br />

used to prove innocence<br />

10<br />

2<br />

False<br />

confessions<br />

Faulty<br />

science<br />

A Review of 2014-15<br />

<strong>OIP</strong> had<br />

6 exonerees released<br />

between November 2014 and March 2015,<br />

an <strong>OIP</strong> record.<br />

Client highlight<br />

<strong>OIP</strong> client Ricky Jackson holds the national<br />

record for longest time served by an exoneree<br />

Cases <strong>OIP</strong><br />

opened in 2014<br />

500<br />

39 years<br />

1975-2014<br />

20 <strong>OIP</strong> fellows worked on Ricky’s case for more than 9 years before his exoneration.<br />

Letters sent<br />

regarding cases in 2014<br />

2,755<br />

Among those released this year,<br />

3 served time on<br />

death row.<br />

Time on phone<br />

with inmates<br />

6,361<br />

minutes<br />

Academic year 2014-15<br />

To put this into perspective,<br />

Ricky first entered jail the same year<br />

the Vietnam War ended.<br />

Current staff<br />

Director: 1<br />

Administrative director: 1<br />

Full-time staff attorneys: 2<br />

Part-time staff attorney: 1<br />

Research and writing assistant: 1<br />

Fellows: 17<br />

For more information and to connect with <strong>OIP</strong>:<br />

Follow us on Facebook<br />

facebook.com/OhioInnocenceProject<br />

or visit us at www.law.uc.edu/oip.<br />

Average number of years Total amount<br />

425.5<br />

Cases <strong>OIP</strong> actively<br />

Letters received<br />

worked on cases before of prison time<br />

worked on in 2014 regarding cases in 2014<br />

innocents released<br />

served<br />

years<br />

250 1,943<br />

6 years<br />

Approximately 22 of them are<br />

currently being litigated.<br />

12 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW University of Cincinnati College of Law 13<br />

Support <strong>OIP</strong> efforts<br />

Donate by mobile phone: www.uc.edu/give (Specify <strong>OIP</strong> under “other.”)<br />

Donate online: www.uc.edu/give (Select <strong>OIP</strong> from the dropdown menu.)


<strong>OIP</strong> Proudly Recognizes Its Board of<br />

Advocates and Their Achievements<br />

<strong>OIP</strong> Board of Advocate Members<br />

Steve Black<br />

Board President,<br />

Attorney<br />

Rosenthal Award-Winning Attorneys<br />

Say <strong>OIP</strong> Work Most Meaningful<br />

by Deb Rieselman<br />

The <strong>OIP</strong> Board, formed in 2013, is responsible for the integrity<br />

and growth of the organization. The <strong>OIP</strong> Board meets regularly,<br />

helping to advance <strong>OIP</strong>’s mission.<br />

During Andy Cassady’s first case files with real victims on<br />

Each board member has an annual commitment to raise<br />

semester at UC’s College the other side.<br />

funds for <strong>OIP</strong>. Since 2014, the board had provided additional<br />

John Isidor<br />

of Law in 2011, the Ohio<br />

“Learning to manage<br />

support with Development, Marketing and PR efforts, helping Board Vice President,<br />

Innocence Project had just client expectations was<br />

the organization gain additional awareness in the community Human Subject Protection Consulting, LLC<br />

freed Dean Gillispie from 20 probably the most important<br />

and increased publicity of <strong>OIP</strong>’s successes and mission.<br />

Greg Bell<br />

unjust years in prison. Cassady thing I learned. I always<br />

Also, the board, along with the help of volunteer<br />

President, KCB Capital Partners<br />

attended a large seminar wanted to express my<br />

consultants, revised the mission, vision and values, as well as Joe Brant<br />

about the case, where <strong>OIP</strong> hopefulness to clients, but<br />

developed a strategic plan that identifies specific objectives, Of Counsel, Katz Teller Brant & Hild<br />

director and Professor Mark you have to be realistic, and<br />

goals, strategies and measures for the organization.<br />

Kathy Brinkman<br />

Godsey played a video of him you have to be very careful to<br />

Through events, project efforts, donors and sponsorships, Of Counsel, Porter Wright Morris & Arthur<br />

telling Gillispie’s mom that not give clients false hope.”<br />

<strong>OIP</strong> has raised more than $5.2 million from over 600 donors. In Dena Cranley<br />

her son would soon be home. Cassady passed the bar<br />

October 2014, <strong>OIP</strong> celebrated its 10th anniversary with its first Community Advocate<br />

“She cried and cried,” exam after being hooded Andy Cassady<br />

Scott Crowley<br />

dinner gala, which netted $152,169.<br />

Anne Levin DeLyons<br />

Cassady clearly remembers. in 2014 and landed a job<br />

Community Advocate<br />

“As soon as I saw that, I knew at Dinsmore, Cincinnati’s<br />

What surprised him<br />

that’s want I wanted — to do largest law firm. Despite his<br />

Dean Gillispie<br />

most in his <strong>OIP</strong> days were the<br />

What is the<br />

Exoneree<br />

work that meaningful.”<br />

employer’s prestige, Cassady clients. “They were always<br />

The following summer, claims that the <strong>OIP</strong> work very, very humble, as well as Rosenthal Award?<br />

Mark Godsey<br />

Professor, UC College of Law<br />

he applied to work with the “will probably be the most charismatic, interesting and<br />

Each year, the Lois Rosenthal<br />

<strong>OIP</strong> Forms Northeast Ohio<br />

<strong>OIP</strong> for a year as a “fellow,” important work I ever do in<br />

Paul Heldman<br />

without any hard feelings<br />

Award is given to the two<br />

Board of Advocates<br />

Retired Executive Vice President & General Counsel<br />

the designation given to my entire legal career.”<br />

toward anyone. I don’t know<br />

<strong>OIP</strong> fellows who exhibit<br />

accepted students. He clearly He explains why: “We<br />

Through the efforts of <strong>OIP</strong> supporter<br />

of The Kroger Co.<br />

how they do it.”<br />

the highest level of skill,<br />

arrived with a passion for the were our clients’ last line<br />

Jim Petro, an <strong>OIP</strong> Board of Advocates has been<br />

Hon. Nathaniel Jones<br />

And what was the hardest determination and passion for<br />

work, which helped him win of defense. They had been<br />

formed in Northeast Ohio to provide regionally focused<br />

Of Counsel, Blank Rome LLP<br />

part of the job? “We poured<br />

justice. Since 2003, 24 fellows<br />

the Lois Rosenthal Award, unsuccessful at every stage<br />

support for <strong>OIP</strong>.<br />

Cliff Schecter<br />

our heart and soul into these<br />

have received this honor.<br />

a scholarship “awarded to of the game. And if we didn’t<br />

The Executive Committee comprises many individuals<br />

President, Libertas LLC<br />

cases and got setback after<br />

fellows exhibiting the highest take the case, there was no<br />

who have helped support <strong>OIP</strong> in the past:<br />

Curtis Scribner<br />

setback after setback. It was<br />

level of skill, determination one behind us. They put all<br />

• Alec Berezin serves as NE Board President<br />

Senior Counsel, The Procter & Gamble Company<br />

difficult to get used to. We<br />

and passion for justice.” their trust and hope into<br />

• Terry Gilbert and Mark Devan, criminal defense<br />

Mandy Shoemaker<br />

were trying to be a voice<br />

Immediately upon<br />

our hands.”<br />

lawyers who have been actively involved in working<br />

UC University Honors Program<br />

for our clients, and no one<br />

reporting to <strong>OIP</strong>, he was given Scott Crowley, A&S ’08,<br />

with <strong>OIP</strong> in its cases<br />

Dick Weiland<br />

was listening.”<br />

a stack of 20 cases. That stack JD ’11, worked on <strong>OIP</strong> from<br />

• Judy Lipton and Carmen Naso of the Case Western<br />

Richard Consulting Corporation<br />

Technically, Crowley’s<br />

grew to roughly 60 cases 2009-10 and was also a Lois<br />

Reserve Law School Clinic<br />

military title was “judge<br />

during the year, with 20 cases Rosenthal Award winner. He<br />

• Robert Tobik, chief Cuyahoga County public<br />

the inner workings of the Cleveland and Northeast Ohio<br />

advocate.” (San Diego was<br />

active at a time.<br />

says it was great hands-on<br />

defender<br />

courts. The board will also educate the community about<br />

his last location.) He explains<br />

“One of the great things training for his career as a<br />

• Phil Calabrese and Michael Meuti, attorneys at<br />

the Ohio Innocence Project through educational seminars,<br />

it simply, “Did you see the<br />

about the <strong>OIP</strong>,” Cassady says, prosecutor in the Marines.<br />

large corporate firms who have volunteered their<br />

training programs and judicial conferences. It also hopes<br />

movie ‘A Few Good Men’? I<br />

“is the amount of work you “<strong>OIP</strong> taught me hard work<br />

expertise to <strong>OIP</strong><br />

to tap into the philanthropic spirit of Cleveland to expand<br />

am Kevin Bacon.” The job had<br />

get to do — writing motions, and persistence. I needed<br />

• Gordon Friedman, Andrea Whitaker and<br />

<strong>OIP</strong>’s capacity via fundraising efforts in the northeastern<br />

consisted of a wide variety of<br />

trying to find evidence<br />

to do research to find new<br />

Jacqueline Greene from the criminal defense bar<br />

part of the state.<br />

legal work, but he completed<br />

and witnesses, making<br />

evidence, suppressed<br />

• Jim Petro, former Ohio Attorney General<br />

The Northeast board held their first fundraiser at Lolita<br />

his service in August and<br />

recommendations. It was an evidence and new witnesses.<br />

• Raymond Towler, exoneree representative<br />

in Cleveland on June 15, 2015, raising more than $14,000<br />

returned home to work at<br />

eye opening experience. I needed to know the facts of<br />

As a local resource, the board will support <strong>OIP</strong>’s<br />

thanks in part to a matching gift of $5,000 by Terry and<br />

the City of Cincinnati Law<br />

“We honed our legal skills the case inside and out.”<br />

litigation efforts in Northeast Ohio and provide insight into Robin Gilbert.<br />

Department as an assistant<br />

on some seriously heinous<br />

city solicitor.<br />

crimes. We were reviewing<br />

14 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW University of Cincinnati College of Law 15


ibute<br />

Lois Rosenthal’s Purpose in Life:<br />

to Create Justice, Care for the Lowly<br />

and Share Art with the World<br />

by Deb Rieselman<br />

W<br />

hen Lois Rosenthal<br />

passed away in<br />

July 2014 at age 75,<br />

Cincinnati lost a<br />

benefactor who changed thousands<br />

of lives and helped save the lives of at<br />

least 23 people — wrongfully convicted<br />

individuals who had been rescued from<br />

death row or near life sentences through<br />

the Ohio Innocence Project. Lois and her<br />

husband of 54 years, Richard, virtually<br />

created <strong>OIP</strong> in 2003.<br />

Richard and Lois (a 1960 economics<br />

alumna at UC and an ’08 Honorary<br />

Doctorate recipient) started donating<br />

to the College of Law in 2003, then gave<br />

a $1 million gift in 2004 to endow the<br />

Lois and Richard Rosenthal Institute<br />

for Justice, which operates the Ohio<br />

Innocence Project. Their total gifts to the<br />

college totaled more than $2.5 million.<br />

An Institute for Justice is what one<br />

would have expected out of Lois, who<br />

was always taking care of the oppressed,<br />

hungry and disadvantaged of Cincinnati,<br />

where she had been born and raised.<br />

She began the Rosenthal Fresh<br />

Foods Initiative at Cincinnati’s Freestore<br />

Foodbank, where food was collected<br />

from companies and distributed to those<br />

in need. Lois and Richard instituted the<br />

Rosey Reader Program to foster a love<br />

of reading in Cincinnati Public Schools<br />

by providing free books to more than<br />

30,000 young children.<br />

To bring art to the less fortunate, the<br />

couple founded Uptown Arts in Over the<br />

Rhine to offer free classes in performing<br />

and visual arts to children aged 5 to 10.<br />

Plus, the Rosenthal Next Generation<br />

Theatre Series introduced more than<br />

76,000 children and their parents to live<br />

performances at Cincinnati Playhouse in<br />

the Park.<br />

The couple also established the<br />

Playhouse’s Rosenthal New Play Prize,<br />

which produced 15 world premiere<br />

productions — several nominated for<br />

Pulitzer Prizes — from 1988-2003.<br />

Museums were a passion of theirs.<br />

In 2003, the Rosenthals donated enough<br />

money to the Cincinnati Art Museum<br />

to ensure free admission in perpetuity.<br />

As a National Underground Railroad<br />

Freedom Center trustee, Lois was<br />

instrumental in bringing to life “Invisible:<br />

Slavery Today,” the world’s first museumquality,<br />

permanent exhibition dealing<br />

with modern-day slavery and human<br />

trafficking.<br />

As a Cincinnati Zoo trustee, she<br />

helped create a high-school program,<br />

worked to halt animal entertainment<br />

acts and was instrumental in beginning<br />

an artificial-insemination program for<br />

endangered species.<br />

The couple’s 1999 gift of $6 million<br />

toward the Contemporary Arts Center’s<br />

new home remains one of the largest<br />

one-time gifts to a Cincinnati institution.<br />

From 1985-99, Richard owned F&W<br />

Publications, a specialty-book and<br />

magazine publisher, where Lois became<br />

the editor of the literary magazine<br />

“Story,” which was nominated five times<br />

in the prestigious National Magazine<br />

Awards’ short-fiction category and<br />

won twice.<br />

“What the Ohio Innocence Project<br />

is today came from Lois Rosenthal,”<br />

says <strong>OIP</strong> director and Professor Mark<br />

Godsey. “John Cranley (<strong>OIP</strong> co-founder<br />

with Godsey) and I were a couple of<br />

lawyers who could work cases, but we<br />

didn’t know how to build an institution.<br />

Fortunately, Lois took us under her<br />

wing early on, and it was her vision, her<br />

involvement, that showed us what this<br />

organization could become.<br />

“Twenty-three wrongfully convicted<br />

Ohioans — and many more in the future<br />

— can thank Lois and Dick Rosenthal for<br />

their freedom.”<br />

Lois is survived by her husband,<br />

Richard; their two children, Jennie and<br />

David; four grandchildren; and her<br />

brother, Harvey Reis.<br />

“Hers has always been<br />

a hands-on philosophy<br />

of serving — not from<br />

afar but up close where<br />

it all counts.”<br />

— former Cincinnati City Council<br />

member Marian Spencer<br />

16 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW University of Cincinnati College of Law 17


Amid the media frenzy surrounding Ricky Jackson’s release from 39 years of<br />

wrongful imprisonment are <strong>OIP</strong> exonerees Dean Gillispie (in light blue shirt<br />

behind Jackson), Clarence Elkins (smiling in upper right corner) and Raymond<br />

Towler (bearded man in a black cap behind Jackson). Between Towler and<br />

Gillispie is <strong>OIP</strong> director Mark Godsey. Below are the two innocent men who<br />

served time with Jackson: Kwame Ajamu (left) and Wiley Bridgeman (right,<br />

both represented by Terry Gilbert and David Mills).<br />

reedom<br />

Recantations Lead to Freeing Six<br />

The Ohio Innocence Project celebrated six victories this year. In November 2014, the Cuyahoga County<br />

Prosecutor dropped charges against Ricky Jackson, Kwame Ajamu and Wiley Bridgeman, 39 years after<br />

the men were convicted of murder. Just four months later, Derrick Wheatt, Laurese Glover and Eugene<br />

Johnson experienced freedom for the first time in 20 years after Judge Nancy Russo threw out their 1996<br />

murder convictions.<br />

18 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW<br />

Opposite page: Derrick Wheatt hears his conviction<br />

being thrown out of court after being unjustly<br />

imprisoned for nearly 20 years. Below him are Eugene<br />

Johnson (left) and Laurese Glover (right), both of<br />

whom also spent nearly two decades in jail.<br />

University of Cincinnati College of Law 19


Derrick Wheatt (left), represented by <strong>OIP</strong>, and<br />

Eugene Johnson (right), represented by Brett<br />

Murner and Jim Valentine, celebrate their<br />

freedom. Inset photo: Laurese Glover, also<br />

represented by <strong>OIP</strong>, hugs his mother.<br />

Jackson,<br />

Bridgeman<br />

and Ajamu<br />

In 1975, Ricky Jackson, Wiley<br />

Bridgeman and Kwame Ajamu<br />

were convicted of murder and<br />

sentenced to death based<br />

on the trial testimony of a<br />

12-year-old boy named Eddie<br />

Vernon. Vernon’s eyewitness<br />

testimony was compelling,<br />

but it was a lie. Vernon told<br />

the police a story he made up<br />

about Jackson and his friends<br />

being involved.<br />

When the boy tried to<br />

back out from testifying, the<br />

police threatened to arrest<br />

his parents. (Read more<br />

details on page 9.)<br />

After decades of silence,<br />

Vernon, now in his 50s, came<br />

forward with the truth.<br />

First, he admitted the<br />

truth to his pastor, who<br />

advised him to tell the<br />

authorities. Then, last<br />

November, Vernon recanted<br />

his prior testimony in the<br />

Cuyahoga County Common<br />

Pleas Court. Vernon’s<br />

recantation proved so<br />

compelling that it prompted<br />

the Cuyahoga County<br />

Prosecutor Tim McGinty to<br />

drop all the charges against<br />

Jackson, Ajamu and<br />

Bridgeman.<br />

Jackson and Bridgeman<br />

were released from prison<br />

the same day after spending<br />

39 and 38 years in prison,<br />

respectively. Ajamu, who was<br />

released a decade earlier,<br />

came to greet the men.<br />

The three men were later<br />

fully exonerated and declared<br />

officially innocent of the<br />

crime that resulted in several<br />

decades of incarceration.<br />

They are now entitled to<br />

receive compensation from<br />

the state for the time they<br />

spent incarcerated.<br />

On May 7, 2015, Jackson,<br />

Bridgeman, Ajamu, <strong>OIP</strong><br />

staff attorney Brian Howe<br />

and <strong>OIP</strong> Director Mark<br />

Godsey received the Rose<br />

Elizabeth Bird Commitment<br />

to Justice Award at the 24th<br />

Annual Death Penalty Focus<br />

Awards. (See story on page<br />

4.) Jackson, Bridgeman and<br />

Ajamu spent several years<br />

on death row before Ohio’s<br />

death penalty was ruled<br />

unconstitutional.<br />

Wheatt, Glover<br />

and Johnson<br />

In March 2015, Cuyahoga<br />

County Judge Nancy Russo<br />

threw out the 1996 murder<br />

convictions of Derrick Wheatt,<br />

Laurese Glover and Eugene<br />

Johnson, granting each man a<br />

new trial.<br />

Wheatt, Glover and<br />

Johnson were convicted of<br />

the 1995 shooting death of<br />

19-year-old Clifton Hudson.<br />

Their convictions were<br />

based on three things: 1)<br />

an identification made by<br />

14-year-old Tamika Harris,<br />

2) faulty scientific evidence<br />

involving gunshot residue<br />

(GSR) and 3) the presence of<br />

the three teenagers near the<br />

scene of the murder.<br />

A decade later Harris<br />

admitted that she did not<br />

actually see the faces of<br />

the men who shot Hudson.<br />

In 2009, <strong>OIP</strong> filed a motion<br />

for new trial based on<br />

the recantation and new<br />

information debunking the<br />

prosecution’s GSR evidence.<br />

Unfortunately the motion<br />

was denied.<br />

Four years later, <strong>OIP</strong><br />

got a break in the case<br />

when, in 2013, it obtained<br />

police reports containing<br />

exculpatory information<br />

that was withheld during<br />

trial. The reports included<br />

information that was not<br />

raised at the original trial,<br />

including the existence of<br />

two witnesses who confirmed<br />

that the shooter came from<br />

a nearby post-office lot, not<br />

the defendants’ truck. One of<br />

those witnesses even claimed<br />

he recognized the shooter<br />

as a sibling of one of his<br />

classmates.<br />

The reports also showed<br />

that unknown people in a<br />

different car had shot at the<br />

victim’s brother just days<br />

before the crime and that<br />

someone had threatened<br />

the victim himself the day<br />

before the murder. No known<br />

connection between any<br />

of those threats and the<br />

defendants existed.<br />

The <strong>OIP</strong> filed another new<br />

trial motion on the basis that<br />

this information was never<br />

disclosed to the defense. On<br />

March 26, after reviewing<br />

the evidence, Judge Russo<br />

granted the motion and threw<br />

out the murder convictions.<br />

Glover, Wheatt and Johnson<br />

were released that day after<br />

making bail. The men served<br />

18 years for the crime they did<br />

not commit and spent their<br />

entire adult lives incarcerated.<br />

The <strong>OIP</strong> represented<br />

defendants Wheatt and<br />

Glover; attorneys Brett<br />

Murner and Jim Valentine<br />

represented Johnson.<br />

Additionally, co-counsel on<br />

this case was Carmen Naso,<br />

senior instructor of law, and<br />

law students at the Milton<br />

A. Kramer Law Clinic, Case<br />

Western Reserve School of<br />

Law in Cleveland, Ohio.<br />

Ricky Jackson Impacts <strong>OIP</strong> Students,<br />

Inspires Them to Get Involved<br />

Past and present fellows react to hearing<br />

Ricky Jackson speak at UC<br />

Stephen Otte, current fellow: “After hearing<br />

Ricky tell his story, I felt inspired. It was<br />

empowering. I knew right then that I<br />

wanted to work for <strong>OIP</strong>. That I wanted to<br />

do something that significant.”<br />

Kathryn Lucas, current fellow: “I was struck<br />

by Ricky’s mental strength, how he was<br />

able to persevere and not let his spirit<br />

break through 39 years of imprisonment.”<br />

Rebecca Brizzolara, current fellow: “Ricky is such a good person. He holds no<br />

grudges and refuses to dwell on things. He is so positive and has such a good<br />

sense of humor.”<br />

Brian Howe, <strong>OIP</strong> staff attorney, ’08-09 fellow: “I know<br />

that innocent people accept guilty pleas with<br />

time served. Ricky, for instance, was in shackles<br />

with a high likelihood of dying in prison when<br />

he had to make the decision: ‘Are you willing to<br />

gamble with what’s left of your life based only on<br />

principle?’ He did. And he won.”<br />

Catlin Wells, ’14-15 fellow: “I watched Ricky<br />

Jackson walk out of jail. Surrounded by a sea of<br />

microphones, he shrugged off questions about<br />

systematic injustice and the 12-year-old whose<br />

testimony led to his incarceration. ‘I’m just glad<br />

to be out. I’m glad to be free.’ A few hours later, Dayton exoneree Dean Gillispie<br />

looked at Ricky, gestured towards a line of exonerees and said, ‘We’ll take care of<br />

you. You’re our brother now. You’re one of us.’<br />

“My job is not about accumulating credentials, but about a man who, after<br />

almost four decades in jail, had the compassion to forgive the kid who put him<br />

there. It’s about Dean, his line of brothers and the other innocent men and women<br />

who still sit behind bars waiting until they too can throw their hands up and say,<br />

‘I’m free.’”<br />

From the left — <strong>OIP</strong> exonerees: Robert McClendon, Ricky Jackson, (attorney) Brian Howe ’10, Ray<br />

Towler, Dean Gillispie and Clarence Elkins<br />

20 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW University of Cincinnati College of Law 21


<strong>OIP</strong> Honor Roll of Donors<br />

January 1, 2012-September 30, 2015<br />

Professor Marjorie Aaron and<br />

David H. Aaron, PhD<br />

David B. Alden<br />

Andrew C. Allen<br />

Eli Amstadter<br />

Marty Anderson<br />

Dr. and Mrs. David B. Argo<br />

Mary Armor<br />

Timothy Armstrong and<br />

Eisha Tierney Armstrong<br />

Susan G. Arruda<br />

Joyce W. Asfour<br />

Martin R. Baach<br />

Mr. and Mrs. Joseph Barrett<br />

Honorable Michael R. Barrett<br />

Amira Beer<br />

Pat Daulton Belanoff, PhD<br />

Gregory Bell and Kathleen<br />

Conway Bell<br />

Jennie Rosenthal Berliant and<br />

Allan Berliant<br />

James A. Berns<br />

Professor Marianna B. Bettman<br />

Jeanne Bishop<br />

Mrs. Helen C. Black<br />

Marnie C. Black<br />

Steve and Susan Black<br />

Interested in Donating?<br />

Donate by mobile phone: www.uc.edu/give<br />

(Specify <strong>OIP</strong> under “other.”)<br />

Donate online: www.uc.edu/give<br />

(Select <strong>OIP</strong> from the dropdown menu.)<br />

Donate by calling <strong>OIP</strong> at 513-556-0752.<br />

Leslie C. Blade<br />

Lucas Blocher<br />

Laura A. Bolduc<br />

Bill and Mary Bonansinga<br />

Mr. and Mrs. Keith G. Bootes<br />

James D. Brady<br />

Joseph A. Brant<br />

Professor Kimberly M. Breedon<br />

Dr. Craig J. Brenner<br />

BRG Apartments<br />

Kathleen and George Brinkman<br />

Miss Agnes M. Brockman<br />

Deborah Brooks<br />

The Otto M. Budig Family<br />

Foundation<br />

Mr. and Mrs. Steven M. Bulloff<br />

Mr. and Mrs. Steven C. Burgess<br />

Mr. and Mrs. Timothy M. Burke<br />

J. Philip Calabrese and Mary<br />

Rebecca Bynum<br />

Camden Foundation<br />

Mr. and Mrs. John L. Campbell<br />

Michael T. Cappel<br />

Judith L. and Daniel P. Carmichael<br />

Alexander H. Caron<br />

Andrew B. Cassady<br />

Donald R. Caster<br />

Alan H. Channing<br />

Dean Emeritus Jay Chatterjee<br />

Gabriel J. Chin<br />

Cincinnati Bar Association<br />

Honorable Margaret A. Clark and<br />

Mr. Patrick Hornschemeier<br />

Jason M. Cohen<br />

Lauren Chesley Cohen<br />

Megan R. Collard<br />

Joseph A. Conway, PhD<br />

The Ruth J. and Robert A.<br />

Conway Foundation<br />

Margaret M. Conway<br />

David M. Cook<br />

Barbara A. Cook-Hamp<br />

Deborah K. Cooper<br />

Cors & Bassett, LLC<br />

Ashley N. Couch<br />

Mr. and Mrs. John A. Courter<br />

Dena and John Cranley<br />

Jay and Susan Cranley<br />

Grace I. Crary-Kearney<br />

Robert D. Cribbin<br />

Mr. Robert F. Croskery and<br />

Ms. Melinda E. Knisley<br />

Scott J. Crowley<br />

Edla Cusick<br />

Levi J. Daly<br />

Mrs. Donna W. Dansker and<br />

Emil Dansker, PhD<br />

Jennifer and Eric Dauer<br />

Louis M. Dauner<br />

Lisa B. David<br />

Rajah B. David<br />

Nathaniel D. Davis Foundation<br />

Kathy Daw<br />

Alison A. De Villiers<br />

Mr. and Mrs. Joseph J. Dehner<br />

Anne and Ron DeLyons<br />

Angela Denov and Mr. Jonathon<br />

C. Blickenstaff<br />

Cynthia Dewar<br />

Mr. and Mrs. David B. Dillon<br />

DNA Diagnostics Center<br />

Mr. and Mrs. Daniel F. Dodd<br />

Charles F. Dorfman<br />

Shirley A. Duffy<br />

James B. Dworkin, PhD<br />

John W. Eilers, Jr.<br />

Clarence and Molly Elkins<br />

Katherine Elwood<br />

Hubert A. & Gladys C. Estabrook<br />

Trust<br />

Richard F. Evans<br />

Irene M. Ewing<br />

Robert and Karen Faaborg<br />

Kelly Farrish, Jr.<br />

Priscilla Faux<br />

Federal Bar Association<br />

Richard Fencl<br />

E. Thomas Fernandez<br />

Frederick A. Fink<br />

Chip Finke<br />

Focused Capitol Solutions<br />

Terri L. Foote<br />

Frame USA<br />

Marjorie Frank<br />

Freking & Betz, LLC<br />

Susan and Bill Friedlander<br />

Saranne Funk<br />

William R. Gallagher<br />

Ruben Galle<br />

Melanie A. Garner<br />

Mr. and Mrs. James S. Gastin<br />

Gerhardstein & Branch Co. LPA<br />

Mr. and Mrs. Michael D. Gerson<br />

Marcheta L. Gillam<br />

Professor Mark Godsey and<br />

Michele Berry-Godsey<br />

Mr. and Mrs. Maurice Godsey<br />

The Gould Family<br />

The Greater Cincinnati<br />

Foundation<br />

Mr. and Mrs. Michael B. Green<br />

Linda J. Greff and Chuck Joffe<br />

Beatrice B. Griffin<br />

Mary Ann and Davis Griffin<br />

Mr. and Mrs. Scott S. Grigsby<br />

Anne K. Guinan<br />

Thomas D. Hadley, PhD and<br />

Ms. Pamela J. Luttmers<br />

Karla and Adam Hall<br />

Patricia D. Harris<br />

Susan C. and Jeffrey P. Harris<br />

Family Foundation<br />

Arity and Scott Hasson<br />

Hawley Law Co., LPA<br />

Dale C. Hayes<br />

Lynette M. Heard<br />

Dr. Henry J. Heimlich<br />

Anne P. Heldman<br />

Fred and Patti Heldman<br />

Liana Heldman<br />

Paul Heldman and Deborah<br />

Kirshner<br />

Roger and Julie Heldman<br />

Helmer, Martins, Rice & Popham,<br />

Co., LPA / Top Gun<br />

Publishing, LLC<br />

Dave Herche and Wendy Thursby<br />

Lawrence Herman<br />

John D. Hill, Jr.<br />

Mr. and Mrs. Joseph W.<br />

Hirschhorn<br />

Mr. and Mrs. Ray R. Hobson<br />

Kathryn A. Hollister<br />

Bruce T. Hopple<br />

Jane M. Howington<br />

Mrs. Carol and Carl Huether, PhD<br />

David M. Hundley II<br />

Mr. and Mrs. Brian H. Hurst<br />

John M. Isidor and Sandy P.<br />

Kaltman<br />

Shirley M. Jaeger<br />

Diane M. James<br />

Francoise R. Johnson<br />

Lisa M. Johnson<br />

Mr. and Mrs. Michael Johnstone<br />

Gerri A. Jones<br />

Honorable Nathaniel R. Jones<br />

Mr. and Mrs. Robert Joy<br />

Mr. and Mrs. David P. Kamp<br />

Mr. and Mrs. James A. Katsanis<br />

Katz Teller<br />

Bernadette Kearney<br />

Cynthia W. Kelly, PhD<br />

Ryan R. Kelsey<br />

Crystal L. Kendrick<br />

Richard S. Ketcham<br />

Kathleen A. Kinsey<br />

Mr. and Mrs. Richard Kleinknecht<br />

KMK Law<br />

Carol W. Kortekamp<br />

Pranav G. Kothari<br />

Dr. and Mrs. Mark B. Kuby<br />

Mr. and Mrs. Lee Larkins<br />

LaRosa’s, Inc.<br />

Bea V. Larsen<br />

Patricia L. Larsen<br />

Adam G. Latek<br />

Joyce C. Lavender-Che<br />

Margaret A. Leech<br />

Kate Levin and Robin Shapiro<br />

The Levin Family Foundation<br />

Cynthia S. Lewis<br />

Mr. and Mrs. Daniel F. Lewis<br />

Karen G. Lewis, PhD<br />

Robert D. Lewis, Jr.<br />

Mr. and Mrs. Jonathan R.<br />

Lippincott<br />

Dr. Mitchel and Ms. Carol<br />

Livingston<br />

Phil Locke<br />

Loevy & Loevy<br />

Elizabeth S. Loring<br />

LQ Consulting, LLC<br />

Deborah R. Lydon<br />

Macy’s Foundation<br />

Eva and Lynn C. Maddox<br />

Malcolm Hewitt Wiener<br />

Foundation<br />

Timothy S. Mangan<br />

Michael H. Marchal<br />

Melvin E. Marmer<br />

Jason R. Masterson<br />

Manuel D. and Rhoda Mayerson<br />

Foundation<br />

Jeanette L. McClellan<br />

Emily and Dustin McClimon<br />

Julie A. McConn-Pirman<br />

Robert P. Mecklenborg<br />

Mediation & Dispute Resolution<br />

Services<br />

Rudy L. Megowen<br />

Mr. and Mrs. Christopher M.<br />

Mekus<br />

Janet K. Melcher, PhD<br />

Michael D. Meuti<br />

Dr. and Mrs. Richard A. Meyer<br />

Penny Friedman Meyer and<br />

Ron Meyer<br />

James A. Miller<br />

Ralph Miller<br />

Danute M. Miskinis<br />

Professor Janet Moore<br />

Mr. and Mrs. Frederick M. Morgan, Jr.<br />

Marjorie Motch<br />

Paula and Brian Muething<br />

Patrick T. Murphy<br />

Thomas E. Murphy<br />

Tim Musser<br />

Honorable Beth A. Myers<br />

National Association of Criminal<br />

Defense Lawyers<br />

A. Ralph Navaro, Jr.<br />

Kay C. Nelson<br />

Robert Newman and Mary<br />

Asbury<br />

Mr. and Mrs. H. C. Buck Niehoff<br />

Mr. and Mrs. Randolph G. Nunn, Jr.<br />

Darrin E. Nye<br />

Stephen J. O’Bryan<br />

Kathleen F. Olberding<br />

Marilyn Z. Ott<br />

Honorable Mark P. Painter<br />

Martin L. Palmerton<br />

Mr. and Mrs. Roberto Pasquier<br />

Paul K. Penniman<br />

Francie and John Pepper<br />

Jim and Nancy Petro<br />

Charles W. Pirman<br />

Sandra L. Pond<br />

Porter Wright Morris & Arthur<br />

Michael D. Privitera, MD<br />

Doreen Quinn<br />

Ann Ramsey-Hill<br />

Nancy L. Rascov<br />

Mr. and Mrs. Louis L. Rauh<br />

Richard Consulting Corporation<br />

Robert E. Richardson, Jr.<br />

Mr. and Mrs. Edwin J. Rigaud, Jr.<br />

Cynthia Ris, PhD<br />

Rittgers & Rittgers<br />

Mr. and Mrs. J. David Rosenberg<br />

Lois and Richard Rosenthal<br />

Peter Rosenwald<br />

Mr. and Mrs. Eugene M. Rothchild<br />

Kathye Lewis E. Rowe<br />

Matthew Rucker<br />

Ann Hess Rundle<br />

Jerome E. Ruthman<br />

Helen Samuels<br />

Paul J. Samuels, MD and<br />

Ms. Lisa M. McMillan<br />

Mr. and Mrs. Harry H. Santen<br />

Christine R. Scheadler<br />

Cliff Schecter and Anne Luecke<br />

Marc J. Scheineson<br />

Glenn L. Schilling<br />

Michael G. Schrader<br />

Dolores C. Schuessler<br />

Betsy K. Schwartz<br />

Curtis and Ashley Scribner<br />

The Murray and Agnes<br />

Seasongood Good<br />

Government Foundation<br />

John M. Shepherd<br />

Amanda N. Shoemaker<br />

Jodi Shorr<br />

Sidley Austin LLP<br />

Karen Sieber<br />

Brent W. Sigg<br />

Beth I. Silverman & Associates LLC<br />

Mr. and Mrs. Murray Sinclaire, Jr.<br />

Matthew C. Singer<br />

David A. Singleton and Professor<br />

Verna L. Williams<br />

Mr. and Mrs. H. Louis Sirkin<br />

David C. Sirlouis<br />

Trish and Walter Smitson<br />

The Spahr Foundation<br />

David M. Sparks<br />

William C. Spaulding<br />

Mr. and Mrs. Dennis M. Spencer<br />

Margaret Springer-Lobes<br />

Squire Patton Boggs<br />

St. Andrew Presbyterian Church<br />

Lauren M. Staley and David C.<br />

Kruska<br />

Mr. and Mrs. Alfred I. Straus III<br />

Subpoena Service Plus<br />

Sycamore Presbyterian Church<br />

Taft Stettinius & Hollister LLP<br />

Alison Tan<br />

Ann C. Taylor<br />

Dennis G. Terez<br />

Jeffrey W. Thomas<br />

Ruth A. Thomas<br />

Professor Suja A. Thomas and<br />

Mr. Scott Bahr<br />

Thompson Hine LLP<br />

Neil and Sally K. Tilow<br />

James Timmerberg<br />

Dr. and Mrs. Howard Tolley, Jr.<br />

Dean Emeritus and<br />

Mrs. Joseph P. Tomain<br />

Limor Tomer<br />

Burr J. Travis<br />

Christopher M. Trimbach<br />

Katherine Vaughan Ellwood<br />

Veritable, LP<br />

Caroline Idinopulos Vigran<br />

Vorys, Sater, Seymour & Pease LLP<br />

Jessica Voveris<br />

Sara M. and Michelle Vance<br />

Waddell<br />

Steve F. Warkany<br />

Mr. and Mrs. John F. Washko<br />

David C. Watkins<br />

Mr. and Mrs. Richard S. Wayne<br />

Gerald V. Weigle, Jr.<br />

Weil, Gotshal & Manges LLP<br />

Dick Weiland<br />

Robert G. Welbaum<br />

Bill C. Wells<br />

Mr. and Mrs. Phelps Wilkins<br />

Penny D. Winkle<br />

Martha J. Wolf<br />

Frank and Karen Wood<br />

William H. Wood<br />

Martin D. Yant<br />

Donald G. Yelton and<br />

Ann Saluke, MD<br />

Young Presidents Organization<br />

Jessica Zeller<br />

Barry Zucker<br />

22 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW University of Cincinnati College of Law 23


Grooming a New Life<br />

<strong>OIP</strong> gives Nancy Smith a dog-grooming career,<br />

which puts her on a path of peace and joy<br />

by Deb Rieselman<br />

by Deb Rieselman<br />

strength in that dark and lonely place. It<br />

took me 14 1 /2 years to realize that I was<br />

never alone.”<br />

In 1993, Smith had been totally<br />

shocked when she was arrested on<br />

charges of molesting preschoolers<br />

(age 3 and 4) who rode on the Head Start<br />

bus she drove. Her case was part of what<br />

is now known as the “Daycare Hysteria<br />

Cases,” where copycat molestation<br />

allegations were made at daycares<br />

across the country after a story aired<br />

on 60 Minutes about molestation<br />

that had allegedly occurred at a daycare<br />

in California.<br />

In the California case, the families<br />

of the children were awarded large<br />

settlements, and similar claims soon<br />

arose across the country. It is now known<br />

that many of the individuals convicted<br />

were innocent victims. Like in other<br />

cases, Nancy Smith’s accusers obtained<br />

large cash settlements from Head Start<br />

after she was declared guilty.<br />

The <strong>OIP</strong> and others amassed<br />

evidence over the years that proved that<br />

Nancy Smith was innocent. This evidence<br />

included records which showed that<br />

Nancy was at her other job on the day<br />

the molestation allegedly took place,<br />

and evidence — including video<br />

evidence — showing that the children<br />

had been coached and told what to say<br />

by their parents.<br />

The evidence of Nancy’s innocence<br />

was detailed in a “Dateline NBC” episode<br />

that aired on April 9, 2012. Haunted<br />

Memories (Parts 1-6) are available at<br />

http://goo.gl/2i1iaX.<br />

In 2009, a new judge ruled that<br />

Nancy was innocent and acquitted her.<br />

At that point, she was released. That<br />

decision was later overturned by the<br />

Ohio Supreme Court on jurisdictional<br />

grounds (the Ohio Supreme Court did<br />

not challenge the trial court’s finding<br />

that she was acquitted, but merely held<br />

the trial court did not have jurisdiction<br />

to reopen the case). But the prosecutors,<br />

fortunately, recognizing the problems<br />

with the case, agreed to drop the<br />

remaining charges against Nancy so that<br />

she could remain free.<br />

Regaining a normal life was difficult.<br />

”I stayed away from crowds,” she says.<br />

“I was afraid someone would recognize<br />

me. I refused to look at cops because I<br />

don’t trust them.<br />

“I babysat for my daughters, which<br />

was safe. I didn’t have to go out into<br />

public and deal with anybody.”<br />

In 2014, she realized that although<br />

she had been free for nearly six years, she<br />

had remained in her own prison. “I had<br />

no social life. I was stuck. I needed to get<br />

a job and get on with my life.”<br />

After praying about it, she decided<br />

she wanted to be a dog groomer, but<br />

financing the education and equipment<br />

was a problem. Once again, <strong>OIP</strong> took<br />

care of her, helping pay for her education<br />

and equipment through the Phoenix<br />

Initiative, a sub-component of <strong>OIP</strong> that<br />

helps exonerees get back on their feet.<br />

Last fall, she became certified and is<br />

working at Amherst Animal Hospital. “I<br />

love it,” she says excitedly. “It gets easier<br />

every time.”<br />

Something else is getting easier —<br />

being in public.<br />

“I’ve come a long way,” she says<br />

with a quiet sense of pride. “I like being<br />

out amongst adult people. We have a<br />

little concert area in town where I would<br />

never go, but I’ve gone a few times now.<br />

“I’m finally coming into my peace of<br />

mind since I started dog grooming.”<br />

Litigation Update on<br />

Kevin Thornton<br />

Courts rule new evidence likely to have led jury<br />

to different verdict, but too late now<br />

In 2007, Kevin Thornton was convicted of robbing a checkcashing<br />

store in Milford, Ohio. After an investigation, the Ohio<br />

Innocence Project asked the trial court in 2010 to overturn his<br />

conviction, as two crucial pieces of evidence proved he had not<br />

committed the crime.<br />

That evidence consisted of 1) photogrammetric analysis<br />

of the store’s video surveillance, which proved that Kevin was<br />

too tall by four inches to have been the perpetrator, and 2)<br />

the results of DNA testing conducted on the zip-ties used to<br />

bind the hands and feet of the cashier. While the trial court<br />

agreed that had the evidence been presented at trial, the jury<br />

probably would have reached a different verdict, the court<br />

also unfortunately ruled that it was procedurally barred from<br />

considering this evidence and declined to grant relief because,<br />

the court believed, the evidence of innocence could have been<br />

presented at Thornton’s original trial. The Twelfth District Court<br />

of Appeals affirmed, and the Ohio Supreme Court, over the<br />

dissent of two justices, declined to hear the case.<br />

On Kevin’s behalf, <strong>OIP</strong> has now sought habeas relief in<br />

federal court. Based on language in recent U.S. Supreme Court<br />

decisions, <strong>OIP</strong> also filed an additional post-conviction petition<br />

in state court based on Kevin’s actual innocence. The <strong>OIP</strong> has<br />

asked the Ohio Supreme Court to hear an appeal regarding<br />

the lower courts’ refusal to grant relief on this claim. In the<br />

meantime, the habeas case is pending before the United States<br />

District Court for the Southern District of Ohio.<br />

Kevin Thornton has been proven innocent but remains<br />

behind bars. “<strong>OIP</strong> will not give up on Kevin’s case despite the<br />

refusal of the courts thus far to do anything about it,” <strong>OIP</strong><br />

director Mark Godsey says. “We will see that someday he can<br />

walk free as an exonerated man.”<br />

In 1994, when Nancy Smith<br />

Seven years<br />

was unjustly locked behind<br />

bars for nearly 15 years, her<br />

worst pain came from being separated<br />

from loved ones — four children and a<br />

and counting...<br />

fiancé. Family members watched over<br />

Six years<br />

the 12- to 18-year-olds, but Smith missed<br />

two graduations, two marriages, a<br />

divorce, the birth of eight grandchildren,<br />

being able to marry her fiancé and her<br />

daughter’s grief over stillborn twins.<br />

Five years<br />

Her heart ached to celebrate with<br />

them, cry with them and simply hold<br />

them. When the Ohio Innocence Project<br />

helped free her in 2009, she finally got to<br />

cry in their arms.<br />

Four years<br />

Of course, she had to get to know<br />

them all over again, but everyone was<br />

patient. That’s the miracle that can<br />

bloom with love and constant faith in<br />

God, she says.<br />

Three years<br />

“There were times I got angry at<br />

God,” she admits. “But I never lost that<br />

faith and hope. I refused to let my life<br />

drift off from God.”<br />

In prison, Smith painted a<br />

Two years<br />

meaningful work that continues to<br />

comfort her — a Michelangelo-inspired<br />

piece that resembles the Sistine Chapel’s<br />

“Creation of Adam.” “I always had to<br />

remember that God was only a fingertip<br />

away,” she explains. “This was truly my<br />

One year<br />

24 Ohio Innocence Project Second Edition <strong>OIP</strong> REVIEW University of Cincinnati College of Law 25


UC College of Law<br />

Ohio Innocence Project<br />

P.O. Box 210040<br />

Cincinnati, OH 45221-0040<br />

Non-Profit Org.<br />

U.S. Postage<br />

PAID<br />

Cincinnati, Ohio<br />

Permit No. 133<br />

Address Service Requested<br />

Cases from 14<br />

Different Counties<br />

Being Reviewed<br />

The <strong>OIP</strong> is currently reviewing cases of<br />

inmates housed in 14 state correctional<br />

institutions. Their cases come from 14<br />

Ohio counties.<br />

As a result of the wide distribution of<br />

inmates and cases around the state, <strong>OIP</strong><br />

fellows and staff spend many hours reading<br />

and writing letters and speaking with<br />

inmates about their cases.<br />

Prior to actively taking on a case, the <strong>OIP</strong><br />

staff and fellows will meet the inmate in<br />

person to discuss the case, the plan for<br />

litigation and all expectations of the case.<br />

For more information, connect with us online:<br />

Facebook<br />

www.facebook.com/<br />

OhioInnocenceProject<br />

UC website<br />

www.uc.edu<br />

Blog<br />

www.wrongfulconvictionsblog.org<br />

UC College of Law website<br />

www.law.uc.edu/oip

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