The Wisconsin Innocence Project (WIP) at the University of Wisconsin Law School, working with the Wisconsin Department of Justice, Office of Justice Assistance, Department of Corrections, and State Public Defender, has received a $647,000 grant from the National Institute of Justice for a new post-conviction DNA testing program, expanding the state of Wisconsin’s efforts to use DNA evidence to exonerate citizens who have been wrongly convicted.
Under the grant, WIP will be able to hire three new attorneys and an administrative staff person for an 18-month period to undertake a proactive effort to identify all individuals in the Wisconsin Prison System serving time for rape and murder convictions who would benefit from post-conviction DNA testing to determine if they were wrongly convicted.
The Wisconsin Innocence Project is a program of the Frank J. Remington Center at the UW Law School.
Up to this point, limited resources -- especially for indigent inmates -- have resulted in a slow and reactive process. While many indigent inmates may benefit from post-conviction DNA testing, the Wisconsin Innocence Project has only been able to respond to prisoner-initiated requests for assistance.
"What we're finding is that there are many people in prison who do not understand the potential for DNA to prove their innocence -- they don't recognize, for example, that DNA can be obtained from some objects that were merely touched by the perpetrator," said Clinical Professor Keith Findley, co-director of the Wisconsin Innocence Project. “Or, they don't have the ability to advocate for themselves.”
This new money enables a proactive approach and greatly expands the state's ability to conduct DNA testing in appropriate cases. Beginning in January of 2010, the Wisconsin Innocence Project will begin identifying and evaluating murder, non-negligent homicide, and forcible rape cases where there is the potential that favorable DNA results might create a reasonable probability of a different outcome in court.
"This project follows models that have been used successfully in a few other states to root out wrongful convictions that otherwise would go undetected," said Findley. "It's a very exciting opportunity to actively examine convictions to minimize to the greatest extent we can that we are overlooking innocent and wrongly convicted people in prison."
In such cases, the Wisconsin Innocence Project will seek DNA testing of evidence and any subsequent relief. The grant will also provide funds to the Department of Justice to cover expenses incurred from such DNA testing.
A collaborative effort between the Wisconsin Innocence Project, Office of Justice Assistance, Attorney General, and the State Public Defender will also be created to document the results of exonerations and recommend policy changes where appropriate to reduce the likelihood of wrongful convictions.
In Wisconsin, at least six people have now had their convictions for rape or murder reversed, in whole or in part, by post-conviction DNA testing.
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