An Ohio lawmaker has introduced a bill that would create an Innocence Commission to review claims of wrongful conviction.
The proposal, advanced Oct. 26, seeks to enact a to-do list for a state task force, which spent two years analyzing state and national wrongful convictions.
Supreme Court Chief Justice Maureen O'Connor appointed the group in response to public concerns over a spate of overturned convictions and complaints of actual innocence.
The task force included state Rep. David Leland, (D-Columbus), the primary sponsor of the proposed law, House Bill 738.
He and other members of the Task Force on Conviction Integrity and Postconviction Review worked to find ways to vet claims of innocence more efficiently.
They also suggested adjusting some procedures to prevent justice from going awry in the first place.
The problem of wrongful convictions in the United States has gained more attention recently, as popular podcasts, TV shows, and movies have highlighted cases of possible innocence. But skeptics worry about truly guilty people possibly being set free amid the recent focus on the wrongfully convicted.
Since 1990, 92 convictions were overturned in Ohio courts, and “new DNA evidence helped free over a dozen innocent people,” a news release from Leland’s office said.
During the past decade, at least 34 Ohioans landed on the National Registry of Exonerations, which has tracked wrongful convictions for more than three decades.
As of Oct. 27, the registry said a total of 3,269 exonerees have been robbed of 28,150 years cumulatively.
“A wrongful conviction not only means that an innocent person is languishing in jail, but it also means that the criminal is still at large,“ Leland said in his news release. ”We must fix these errors and bring the real offenders to justice.”Prosecutors Appear to Balk
A ranking member of the House Criminal Justice Committee, Leland served on the task force along with other legislators, judges, public defenders, and criminal justice advocates.
However, as The Epoch Times reported, county prosecutors largely disconnected from the task force and disregarded O'Connor’s invitation to participate.
The Ohio Prosecuting Attorneys Association did not respond to a request for comment on Leland’s bill on Oct. 27.
The proposal says that House Bill 738 would create “an independent, neutral, fact-finding entity empowered to investigate claims of innocence” in felony criminal cases.
Current laws and rules often block defendants from discovering or introducing new evidence.
Under Leland’s bill, there will be no time limit, “because exculpatory evidence can appear at any time,” his news release said.
“Finality cannot justify keeping an innocent person in prison,” Leland said.Leland’s legislation sketches out ground rules for the proposed Innocence Commission’s operation.
To seek the commission’s help, an inmate must waive his Fifth Amendment right against self-incrimination and attorney-client privilege.
The commission would be empowered to issue subpoenas for witnesses, examine physical evidence, and temporarily take possession of materials for forensic examination or testing.
If the commission becomes convinced that a convicted person may be innocent, a special three-judge panel would consider whether to vacate the conviction.
Those proceedings would be public, while the commission’s work would be done confidentially.
The law calls upon the Supreme Court to adopt procedural rules and standards for the commission’s operation.
The court’s chief justice would appoint the eight members of the Innocence Commission.Each member would serve a three-year term; the position would be unpaid, except for expense reimbursements.
By adopting these new measures, Ohio will be “reinforcing our dedication to the pursuit of truth,” Leland’s release said.
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