Cases
The Kentucky Innocence Project (KIP) was created to provide a resource to men and women incarcerated in Kentucky state prisons who have legitimate claims of innocence. Through April, 2008, six men and women have been released from prison due to the efforts of the Kentucky Innocence Project.
KIP does not limit itself to investigating claims of innocence based only upon testing of physical evidence for a DNA profile. KIP will review, investigate and litigate any case of factual innocence if new evidence can be developed or found through the investigation. KIPbs cases have involved the same leading factors found in wrongful convictions throughout the country: mistaken eyewitness identification, false confessions, the use of jailhouse informants, etc.
Success Stories
Herman May Herman was convicted of rape and sodomy and received 20 year sentences for each offense when he was just 18 years old. Having just about given up hope of ever being able to convince anyone of his innocence, Herman contacted the Kentucky Innocence Project in September, 2000. His case was one of the first assigned to students to investigate in January, 2001. Physical evidence was found to still exist in his case and after a thorough investigation, KIP requested DNA testing. After the initial tests excluded Herman, the Commonwealth requested testing on all of the physical evidence. After months of testing, the Franklin Circuit Court ruled that if the results were presented to a new jury that a different verdict was likely, granted Herman a new trial and, on September 18, 2002, ordered Hermanbs immediate release from prison. Herman is now married and has two children.
Ben Kiper Ben was convicted of sexually abusing his stepdaughter and sentenced to 55 years. Two years after supposedly being abused by Ben his stepdaughter allegedly told her stepmother that Ben had abused her. The allegations were raised during a custody hearing between her mother (Benbs wife) and her father. Shortly after Benbs conviction, the young girl was placed in a childrenbs hospital. During her stay, she told care providers that the accusations were false and that her stepmother had told her what to say to law enforcement and the court. The girl, at age 15, testified in an evidentiary hearing about why she made the allegations and what her father and stepmother had threatened to do if she did not say what they told her to say. With no other evidence against Ben, the trial court granted Ben a new trial and the indictment was dismissed through an agreed order in 2007.
Tim Smith Tim was convicted of sexually abusing his daughter when she came forward years after the abuse supposedly occurred and an b expertb testified that she suffered from Repressed Memory Syndrome. The expert held herself out as a doctor, but KIP learned that her doctorate actually came from unaccredited, online coursework. Timbs conviction was vacated based upon ineffective assistance of counsel and he was granted a new trial. Timbs indictment was dismissed at the request of the Commonwealthbs Attorney.
Jaqulyn Green Jaqulyn was sentenced to 17 years after pleading guilty to an offense that does not even exist in Kentucky. Jaqulynbs husband threw their infant child against a wall in their home and when Jaqulyn attempted to seek medical help her husband would not allow her to leave the house. Jaqulyn had been verbally, physically and sexually abused by her husband throughout their marriage. Jaqulyn was finally able to get the child to the hospital almost 24 hours after the injury but the child died of her injuries. Jaqulyn pled guilty on the advice of her attorney. Based in large part on the investigation and facts provided by the Kentucky Innocence Project in its various motions and used in the request, Governor Ernie Fletcher granted clemency to Jaqulyn on his last day in office.
Sam Plotnick Sam was granted a new trial in early 2008 by the Kentucky Court of Appeals. Sam had been convicted of sexually abusing the son of his girlfriend with a tent pole, despite the bizarre stories told by the young child at trial. The childbs mother submitted an affidavit explaining how the bruising on the childbs body could have occurred. She did not offer the explanation at the time of Sambs trial because she was afraid she would lose custody of her children.
Jason Girts KIP provided assistance and funding for testing to an attorney in the Post-Conviction Branch of the Department of Public Advocacy who represented Jason, who had been convicted of abusing his stepson. The stepson signed an affidavit stating that he made up the accusations because he didnbt like Jason and wanted him out of his and his motherbs life. The young man testified to the same at an evidentiary hearing and, immediately following the hearing, the Commonwealthbs Attorney requested the court to dismiss the indictment against Jason. Jason was released from prison the next day.