Effort will expand group's effort to examine DNA evidence

Since its inception, the Wisconsin Innocence Project has paved the way for the release of 12 inmates who were serving time for crimes they did not commit.

Keith Findley, co-director of the 10-year-old project, is convinced they aren't the only innocent defendants in Wisconsin's prison system.

"Experience tells us that without a doubt, there are people in prison who are wrongly convicted," Findley said. "We have by no means found them all. How many there are, I don't know."

Soon, the Innocence Project, which is based at the University of Wisconsin Law School, will expand its quest for the wrongfully convicted — thanks to a federal grant and a cooperative venture involving the attorney general's office and the state public defender.

The National Institute of Justice has awarded Wisconsin — through the Office of Justice Assistance — a $647,000 grant to expand the state's efforts to use DNA evidence to exonerate citizens who have been wrongly convicted.

The collaborative effort is being created to document the results of any exonerations and recommend policy changes to reduce the potential of wrongful convictions, said Tami Jackson, spokesman for the Office of Justice Assistance.

She said at least six people in Wisconsin had convictions for rape or murder reversed, in whole or in part, by post-conviction DNA testing.

Jackson said the state is optimistic that "very few circumstances will be found that have resulted in a wrongful conviction," but added that recommendations leading to improvements in the criminal justice system are beneficial.

In January, the Innocence Project will begin identifying and evaluating murder, non-negligent homicide and rape cases in which DNA results might lead to a different outcome in court, said Jackson.

When those cases are identified, the Innocence Project will seek DNA testing of evidence and other relevant information. The grant will provide funds to the Department of Justice to cover cost of testing.

"I think it's a positive step to take," said John Kuech, supervisor of the state public defender office in Oshkosh. "Obviously, it's been shown in this state and other states that people have been wrongly convicted, and DNA evidence exonerates them."

Findley agreed, saying it is in the best interests of everyone in the system to weed-out the wrongly convicted.

"It is a comprehensive effort recognizing that none of us has an interest in having innocent people in prison," he said. "In theory, we're all committed to the same principles, and DNA testing can tell us in many cases whether someone is guilty or innocent.

"I think it's something we wouldn't have envisioned 10 years ago."

Findley said the 18-month grant addresses DNA testing only. He noted that DNA testing was responsible for only a portion of the Innocence Project's exonerations over the years. Nationally, DNA testing has uncovered 244 wrongful convictions, he said.

The Innocence Project consists of six UW faculty lawyers and, typically, 12 law students. The federal grant will allow the team to hire additional lawyers and students, according to Findley.

"What we will be doing is sending students into the prisons and looking through court records to identify people convicted of the target crimes" — murder, non-negligent homicide and forcible rape cases, he said. "And we'll identify cases where there is a claim of actual evidence and (determine) whether DNA testing can determine innocence."

Findley said the process also will include interviewing inmates, reviewing trial transcripts and analyzing case files to determine what kind of evidentiary tests have been done.

Findley said DNA evidence is not available in most criminal cases. It is found most often in sexual assault cases and, to a lesser extent, in murder cases, he said. When items such as hair and biological fluids are present, DNA testing can be very valuable, he said.

"You can go back decades or longer and get results from biological evidence," Findley said. "DNA is a very hardy material."

Kuech said DNA testing wasn't available in many of the major cases he handled in the past.

"Years ago, there was blood typing — not DNA," he said. "That wasn't a exclusive test."