Clinic Update
The Oklahoma Innocence Project Clinic just finished up a busy spring semester. With seven 2L and 3L students in their first semester in the clinic, and two 3L students completing a second semester in the clinic, OKIP was busy making headway on numerous cases both in the investigative and litigation stages. Students in the clinic assist in building case files, collecting documents, formulating investigation plans, interviewing witnesses, and drafting pleadings. Though the limitations placed on legal education this semester due to the Coronavirus outbreak had an impact on what the students could do, we managed to continue to move cases forward and research legal issues relevant to the cases we are working on.
Currently, the Clinic has a total of 865 pending cases. A total of 760 cases have been reviewed and closed since OKIP’s inception. Forty-three cases are in “active” status meaning work is being done on the case. 556 cases are awaiting review by the Oklahoma Innocence Project. OKIP is also serving as local counsel in two Oklahoma cases being handled by the Innocence Project in New York City. It is estimated that 3% to 5% of Oklahoma’s incarcerated population of approximately 24,000 men and women is factually innocent of the crime for which they have been imprisoned.
On January 9, 2020, KOCO television in Oklahoma City ran a one-hour primetime feature about the Oklahoma Innocence Project and several Oklahoma exonerees. The feature, hosted by KOCO anchor Maggie Carlo, was inspired by Maggie’s participation in OKIP’s October 2019 Wrongful Conviction Day event and her desire to continue to shed light on Oklahoma’s wrongfully convicted and the long path to exoneration and its aftermath. You can watch the complete series by clicking here.
Legislative Victory
This legislative session, OKIP Executive Director Vicki Behenna and Innocence Project State Campaign Director Michelle Feldman focused on legislation to make the use of informant testimony by state prosecutors more transparent. Unreliable informant testimony is one of the leading causes of wrongful convictions in homicide cases. Senate Bill 1385, which creates an informant disclosure duty, was passed by the legislature and was signed by Governor Stitt.
The Case of James Kidwell
On December 13, 2019, Tulsa County District Court Judge William Musseman granted OKIP’s motion for DNA testing in Mr. Musseman's first-degree murder case over the objection of the Tulsa County District Attorney’s Office. DNA testing is currently ongoing.
The Case of Steven Wilson
The Oklahoma Innocence Project agreed to represent Steven Wilson in his effort to have DNA from his case tested after the District Court of Grady County had ordered testing on a single piece of evidence in Mr. Wilson’s 1982 first degree murder case. Interestingly, the entire court file, trial transcripts, police reports and most physical evidence from Mr. Wilson’s trial has been lost. Currently, a request for further DNA testing is pending before the district court on the items that remain.
The Case of Antonio Ellis
Antonio Ellis’ factual innocence claim centers on the recantation of the key witness against him in his 2000 first degree murder trial in Oklahoma County. His factual innocence claim will be presented to the District Court of Oklahoma County in July 2020.
The Case of Beverly Moore
Beverly Moore’s case was featured in OKIP’s Fall 2019 update. The federal district court judge presiding over her federal habeas case recently denied the State of Oklahoma’s request to dismiss Ms. Moore’s factual innocence case and ordered the State to respond to her claims that she received ineffective assistance of counsel and the prosecutors withheld potentially exculpatory information from her before trial. Ineffective assistance of counsel claims and prosecutorial misconduct claims are two common factors in wrongful convictions nationwide. Ms. Moore’s case has been pending for eleven years.
The Case of Michelle Barry
The appeal from the denial of DNA testing in Ms. Berry's Latimer County case is pending on appeal before the Oklahoma Court of Criminal Appeals. On February 4, 2020, the Court ordered the State of Oklahoma to respond to Ms. Berry's appeal; such a response is not automatic in a post-conviction appeal.
How You Can Help
The coronavirus pandemic has not slowed our work. In fact, it has only intensified the need to get those who have been wrongly convicted released from prison and home to their families.
Your donations of time and dollars are what allow us to fight for those who’ve been wrongly convicted and have no other advocates. Thank you for everything you do! Please continue to support our work and let others know what we could do if we had more resources.
To join our dedicated team of volunteers, please visit okinnocence.com to fill out a volunteer form.