DNA testing has been a force for change in the criminal justice system. With the advent of widespread DNA availability, suddenly science proved that our system convicts, sentences and forgets innocent people. DNA has also proven that these are not isolated events. By studying these wrongful convictions, we have learned much about the causes of justice lost and can propose remedies to minimize the chance of more innocent people are convicted.
The Innocence Project at the Benjamin N. Cardozo School of Law was created by Barry Scheck and Peter Neufeld in 1992. As a non-profit legal clinic, the Project has effectuated or assisted in over 180 exoneration of wrongfully convicted Americans. Perhaps more importantly, the Innocence Project has raised awareness and concern about the failings of our criminal justice system. In the spirit of this movement, the Kentucky Innocence Project was born.
Founded in 2001, the Kentucky Innocence Project [KIP] provides quality investigative and legal assistance to Kentucky prisoners with provable claims of actual innocence. The Program combines the resources of the Kentucky Department of Public Advocacy (the Commonwealth’s Public Defender Agency) with several of the Commonwealth’s finest educational institutions to extensively investigate and litigate claims of innocence by those convicted in the state of Kentucky.
The Northern Kentucky University’s Salmon P. Chase School of Law, the University of Kentucky College of Law, the University of Louisville Brandeis School of Law or Eastern Kentucky University’s Graduate School of Justice & Safety offer students the opportunity to participate in the Kentucky Innocence Project Externship. These students receive the opportunity to sharpen professional skills while performing a valuable service to the wrongfully incarcerated men and women of the Commonwealth. Unlike many other innocence projects across the country, KIP does not limit cases only to those where DNA evidence exists. Instead the Kentucky Innocence Project strives to release all wrongfully convicted Kentuckians.
Wrongful conviction is a problem that eventually will touch every citizen. We hope that this site will further the innocence movement by continuing to highlight and address the causes of a failing justice system.
Gordon W. Rahn Gordon is a Policy Analyst for the Department of Public Advocacy and the Project Coordinator of the Kentucky Innocence Project. Gordon has been involved in the development of the project since its inception in 2000. In addition to coordinating the application process and the programs at the four universities, Gordon also is an instructor in the classroom component of the externships and supervises students in the investigation of selected cases.
Gordon has also been active in his home community, serving on the Land Between The Lakes Advisory Board and nine years as the head coach of the varsity and junior varsity girls’ soccer teams at Lyon County High School.
Gordon is a 1979 graduate of Murray State University and a 1995 graduate of the Nashville School of Law.
Melanie L. Lowe Melanie is a staff attorney at the Kentucky Innocence Project and litigates post conviction innocence cases throughout the Commonwealth of Kentucky. In addition, she teaches and supervises students enrolled in the Kentucky Innocence Project Externship at each of the four schools.
Ms. Lowe joined the Kentucky Innocence Project in August of 2005. Prior to that, she was an assistant public advocate at DPA trial offices in Elizabethtown and LaGrange. At the trial offices, Ms. Lowe litigated a wide variety of criminal cases and participated in training new staff through the DPA Education Branch.
Melanie is a 1997 graduate of Marshall University and a 2000 graduate of the University of Kentucky College of Law.
Diana Queen Ms. Queen is a policy analyst for the Department of Public Advocacy serving with TheKentucky Innocence Project.
Diana began her fifteen year career in criminal justice with the Kentucky State Police, serving as a trooper, detective and working special investigations. Prior to her role in the Kentucky Innocence Project she worked with the Capital Trial Branch, and Post Conviction Branch investigating death penalty cases. Diana is a board certified criminal defense investigator. She is a National Advisory Board Member for the CDITC, the National Innocence Project National Advisory Council Member, and is on the 2004-2007 DPA Defender Council. In 2004, Diana received the National Investigator/Philosophers Award, for outstanding contributions to National Criminal Defense education and training. Diana has received the distinguished Rosa Parks Award in 2004, for her exemplary service to the poor.
She serves in volunteer positions in her community and is a member of the Woodford County Human Rights Commission. Diana serves on the executive committee for Francisco’s Farm Invitational Fine Art and Craft Show, and serves on the Midway City Council.
She is a graduate of Midway College, the Kentucky State Police Academy, and holds specialized certifications from the FBI and DEA.
What is the Kentucky Innocence Project? The Kentucky Innocence Project (“KIP”) was established in 2001 by the Department of Public Advocacy to provide quality investigative and legal assistance to Kentucky prisoners with provable claims of actual innocence. KIP combines the resources of the Commonwealth’s Public Defender Agency with several of the state’s finest educational institutions to extensively investigate and then litigate claims of innocence.
What types of cases are eligible for assistance? In order to qualify for the services, prospective clients should meet the following criteria:
• A Kentucky conviction & incarceration;
• A minimum ten-year sentence;
• A minimum of three years until eligible to go before the parole board or if parole has been deferred, a minimum of three years to the next appearance before the Board;
• New evidence of innocence discovered since the conviction which can be investigated; and
• A claim of actual innocence.
Does KIP ever accept cases outside of the above criteria? Yes. All applications for assistance are reviewed and decisions are made on a case by case basis.
How do I request assistance? In order to qualify for services, you must contact Gordon Rahn, the Program Coordinator of the Kentucky Innocence Project at 100 Fair Oaks Lane, Suite 301, Frankfort, Kentucky 40601. Once your request is received, KIP will send you an application and a questionnaire. You must complete these documents in order to be considered for assistance. If you have problems filling out the application or questionnaire, please contact the Kentucky Innocence Project at 502/564-3948.
Does KIP accept cases involving DNA? Yes. The Kentucky Innocence Project is equipped to handle cases involving DNA evidence. All assigned cases are subjected to a rigorous investigative process to uncover all evidence of innocence. This ensures that the individual client will receive the best possible shot at exoneration.
Are cases limited to those involving DNA? No. Unlike other innocence projects, the Kentucky Innocence Project assumes investigation on cases where there are other indicia of wrongful conviction.
What are the “indicia of wrongful conviction”? The American Justice System sometimes fails. The study of DNA exonerations has revealed disturbing trends within the justice system and identified some of the factors contributing to the problem: False Confessions, Mistaken Identification, Informants/Snitches, False Witness Testimony, Bad Lawyering, Defective or Fraudulent Science, Prosecutorial Misconduct, Police Misconduct, Serology Inclusion.
What happens once a case is accepted by the Kentucky Innocence Project? Cases are generally accepted and assigned on an annual basis. Once a case is accepted, it is matched with a student from one of our four externship programs. Then, the student and the KIP staff investigate the case throughout the academic year.
Who are the students investigating the Kentucky Innocence Project cases? The Northern Kentucky University’s Salmon P. Chase School of Law, the University of Kentucky College of Law, the University of Louisville Brandeis School of Law and Eastern Kentucky University’s Graduate School of Justice & Safety carefully screen and offer students the opportunity to participate in the Kentucky Innocence Project Externship. Students admitted to the Kentucky Innocence Project Externship have been chosen to participate by having demonstrated both an aptitude and a commitment to the innocence mission. These select students receive the opportunity to sharpen professional skills while performing a valuable service to the wrongfully incarcerated men and women of the Commonwealth.
What responsibilities do individuals with accepted cases have? Prospective indigent clients need not pay for any of the investigation or litigation fees associated with the work of the Kentucky Innocence Project. However, they must agree to fully cooperate with the investigation and any testing conducted as part of the investigation.
Do all accepted cases eventually reach court? No. Sometimes the investigation (or DNA testing) does not support the claim of innocence. In these instances, the investigation is halted and the case is closed. KIP makes clear to potential clients the possibility that the investigation may confirm guilt. In a few cases, the investigation may be inconclusive and not yield enough evidence for litigation despite the possibility that the convicted individual may be innocent.
What happens to my application if it is not assigned to a student? All applications are maintained on file and reviewed every summer as part of the selection process for assignment to students in the fall. Applicants who do not meet the minimum criteria or are otherwise ineligible for services will be notified in writing by mail.
What happens after the person is released from incarceration? A client’s release is only the first step in a long and difficult journey to life after exoneration. The Kentucky Innocence Project has partnered with the University of Kentucky Graduate School of Social Work to help exonerees adjust to their new life. These social work interns offer a wide variety of services to clients and aid in continuing the mission of the Kentucky Innocence Project.
Do exonerated clients automatically receive large financial settlements? No. While twenty-two states have compensation statutes which allow wrongfully convicted persons to seek damages, Kentucky does not currently have such legislation. In fact, most exonerees walk out of prison without financial support and it can take years to litigate such a claim. Unfortunately, some exonerees are never compensated.
