The Innocence Project
By Gergely Kanyicska '05
Students investigate plausible claims of wrongful conviction
On the night of December 9, 1995 , 33-year-old Jill Marker was found brutally beaten behind the artificial Christmas trees at her workplace in the Silk Plant Forest, a store in Winston-Salem, North Carolina, specializing in decorative knick-knacks and imitation plants. The assault was vicious; had Marker not been discovered by a registered nurse, she likely would have died at the store. She suffered permanent brain damage in the attack, and cannot live independently or care for her young son. Visually impaired since the attack, Marker had by 1999 completely lost her sight as the result of her injuries.
Almost two years after it occurred, Kalvin Michael Smith was convicted of assault with intent to kill in the attack on Marker, who identified him at trial as her assailant. Now serving a 28-year sentence at the Alexander Correctional Institution in Taylorsville, NC, Smith has steadfastly proclaimed his innocence. After a two-year investigation, Duke Law student volunteers handling his case for the Innocence Project believe he is telling the truth.
"Almost all the factors that contribute to wrongful convictions were present in Smith's case," says Emily
Coward '06, currently the lead investigative manager. "That includes misinformation convincing police that Smith was guilty, the questionable testimony of informants, a dogged focus by the
investigation on one theory of the case to the exclusion of other likely scenarios, intense and coercive interrogation resulting in a dubious confession that he later recanted, unreliable
eye-witness identification at trial, and the lack of an adequate case put forth by the defense."
The Innocence Project gives students the opportunity to pursue claims by incarcerated felons who have plausible claims of actual innocence. It is a student organization under the auspices of the North Carolina Center on Actual Innocence, which oversees Duke's Innocence Project, as well as those at the law schools of the University of North Carolina, North Carolina Central University, and Campbell University, and UNC-Chapel Hill's School of Journalism and Mass Communication.
Professor James Coleman and Associate Dean Theresa Newman '88 are Duke's faculty advisers to the Innocence Project. They also teach a class on how wrongful convictions occur, and how they can be investigated and challenged. Both are leaders in law reform efforts surrounding the issue, and serve on the North Carolina Actual Innocence Commission established by North Carolina Supreme Court Chief Justice I. Beverly Lake.
"The Innocence Project was founded with the belief that no matter what people's views on crime may be, no one wants to see the innocent imprisoned," says Newman, who is also president of the Center on Actual Innocence. "Additionally, the Innocence Project provides students with a unique opportunity to do something they might not otherwise do, but the skills learned–fact investigation, analytical thinking, organization of materials–are transferable to every area of legal practice."
"It has been the highlight of my law school career," says David Bernstein ‘06, one of the students who has worked on Smith's case.
Investigating a case with the Innocence Project tends to utilize skills seldom used in law school, working a real case and interacting with people impacted by the law. It is much less ‘ivory tower,' much more action than the typical day-to-day of highlighters and books.
"We are trying to collect as much information as we can about what really happened," says Bernstein of the Smith investigation. "Although it appears clear that he is innocent, we are trying to figure out how to best persuade a court to take a second look at his conviction."
"We are still in the investigative stage and we hope to file a Motion for Appropriate Relief before long," adds Coward.