I had an interesting case a few years back that had the following facts: a college football player was in a crowded bar in Charleston.
Let me add as an aside that most criminal stories that begin in bars usually do not end well. Also, I have learned, literally through trial and error, that juries are not fond of most bar cases.
Back to the bar. Another bar goer became upset when someone spilled a drink on him. He thought it was the football player. In reaction thereto, he stabbed the football player in the stomach with a knife multiple times and fled. The football player lived but was badly wounded. Five eyewitnesses at the bar were interviewed and positively identified suspect “Joe Smith” (not his real name) as the assailant.
One of the eyewitnesses was a bouncer. Police went to Joe Smith’s house and he had the same type and color clothing as the identified assailant. He also had a knife in his possession. When asked about the stabbing, he only responded: “How much time am I facing?”
Great case, right? Joe Smith was arrested and went to jail awaiting indictment. In the meantime, a conscientious young lady called in and said Joe Smith was not the assailant, it was Jim Jones (not his real name). In fact, she had given Jones a ride directly after the stabbing. Jones was interviewed and confessed. Smith was immediately released from jail and Jones later went to prison. Incredibly, Smith and Jones were so similar in facial appearance, they could have passed for identical twins.
In considering this case, I thought it would be beneficial to hear from the Program Director of the West Virginia Innocence Project at the WVU College of Law, Melissa Giggenbach. Minor disclosure, she happens to be my sister-in-law and I am quite proud of her.
What is the West Virginia Innocence Project and how did you get started with it? The West Virginia Innocence Project (WVIP) is a legal clinic for third-year law students at the WVU College of Law. The students investigate post-conviction cases looking for those who have been wrongfully convicted in West Virginia. WVIP only accepts cases where the applicant is factually and legally innocent. In other words, WVIP does not accept cases of self-defense or cases where the applicant wants to claim they were involved, but to a lesser degree. I joined WVIP in 2013 as a supervising attorney. I became the staff attorney in 2016 and then the program director in 2019.
How many students are involved? Six to eight third-year law students investigate and litigate cases of wrongful convictions under Rule 10 with supervision from a licensed attorney.
How do cases come to the West Virginia Innocence Project? Incarcerated people fill out an application detailing their case and conviction. The number of requests we receive is variable ranging from 30-80 applicants per year. WVIP has about fifteen clients but the students and staff screen at least 40 additional cases per year.
Can you tell our readers about some of your cases? We have successfully overturned a conviction for shaken baby syndrome in the eastern panhandle of West Virginia, another shaken baby case in Tyler County, and a murder conviction in Cabell County. Most recently WVIP exonerated Jason Lively proving he was wrongfully convicted of felony murder by arson in McDowell County. Jason served over 14 years in prison before we were able to prove his innocence by showing the fire was not arson.
How is the West Virginia Innocence Project funded? It is funded through WVU and private donations through the WVU Foundation. Primary supporters the past few years have been the law firm of Wilson, Frame and Metheny and the McCamic Family Foundation, and other generous private donors. We are always looking for additional support as a large portion of our budget is dependent on private donations.
What is the largest contributor to wrongful convictions? Eyewitness misidentification. For more information on eye witness misidentification, to learn more about WVIP’s cases, or to donate, please see https://wvinnocenceproject.law.wvu.edu/
Here are some additional links to our recent successes in overturning wrongful convictions:
https://www.wvgazettemail.com/news/legal_affairs/mcdowell-man-freed-after-14-years-in-prison-for-a-crime-that-wasnt-committed/article_d2bae68e-d7e3-50de-8294-8f164f8f3c85.html,
https://www.washingtonpost.com/local/legal-issues/jason-lively-fire-innocent-west-virginia/2020/10/21/44772dba-f2b4-11ea-bc45-e5d48ab44b9f_story.html.
Thank you to Melissa and her team at the West Virginia Innocence Project for all that they do to preserve justice. If you know of a case where someone has been wrongfully convicted, I am sure they would like to hear from you.
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