TOLEDO, Ohio — Editor's note: The above video originally aired in October, 2021.
An Ohio Supreme Court Conviction-Integrity Task Force has reccommended the state create an Ohio Innocence Commission to review post-conviction claims of innocence.
The task force was created in 2020 by Chief Justice Maureen O'Connor and chaired by Judge Gene Zmuda of the Sixth Circuit Court of Appeals in Toledo. The group consisted of law enforcement, defense attorneys, judges, and lawmakers, including Ohio Sen. Theresa Gavarone (R., Bowling Green).
The commission's report consists of 161 pages of findings and recommendations. The key recommendation was that the state establish an Ohio Innocence Commission, which would be patterned after North Carolina's Innocence Inquiry Commission. It would have investigatory powers to thoroughly examine claims of innocence in an impartial manner.
The North Carolina panel consists of eight members appointed by the state's chief justice. The members consist of a judge, prosecuting attorney, defense attorney, a victim's advocate, member of public, a sheriff, and two discretionary members.
A total of 3,271 claims have been received in North Carolina since its establishment in 2006. There have been 15 exonerations. In Ohio, a commission would need to be established by the General Assembly.
Other key recommendations called for expanding the types of evidence that can be submitted in appeals and amending requirements of prosecutors to remedy a conviction if they know of clear and convincing evidence of innocence.
“Innocent until proven guilty is a foundational cornerstone of our American justice system,” Judge Zmuda said. “The recommended improvements reduce the possibility of wrongful convictions and ensure convictions are reliable.”
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