conviction integrity unit
#1
Boulder County attorneys set criteria for DA's new conviction integrity unit
[b]By Mitchell Byars[/b]
[i]Staff Writer

Posted:   09/01/2018 12:50:54 PM MDT | Updated:   about 12 hours ago[/i]



[Image: 20180831__01DCAUNITw~1.jpg]
Boulder County District Attorney Michael Dougherty in March created a conviction integrity unit, for which a set of criteria has been created to review possible wrongful conviction cases. ([i]Cliff Grassmick / Staff Photographer[/i])


The Boulder District Attorney's Office and local defense attorneys have created a set of criteria and an application process for the newly-created conviction integrity unit as it gets ready to review possible wrongful conviction cases.
Boulder District Attorney Michael Dougherty created the unit in March and since then attorneys have been meeting to decide what types of cases it will re-examine.
"I'm excited about how much progress we've made to get this up and running," Dougherty said.


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Boulder Deputy District Attorney Mark Rimaldi, who is part of the unit, said the unit will look at cases out of Boulder County in which the person has credible evidence they did not commit the crime for which they were convicted.
"There must be a claim of actual innocence," Rimaldi said. "Not that there was some issue with the legal process, or something didn't go the way they planned."
Rimaldi said there will not be a limit on the types of charges that will be considered by the unit.
"We certainly had a discussion about a limit, but we determined that different people can be affected by crimes of any level," Rimaldi said. "We thought it would be fair to review all cases based on merit."


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Josh Maximon, the co-chair of the Boulder chapter of the Colorado Defense Bar, said that cases in which the defendant is incarcerated will take priority, but it is important they look at all types of cases.
"A lot of innocence projects tend to be related to really serious cases, like murder or rape, but this unit is going to be looking at claims of innocence on every single level of alleged crime," Maximon said. "For job applications, graduate school, housing requirements, Section 8 housing, having a conviction on your record is something that is really an impediment. So even though we're giving a priority to incarceration cases, the collateral consequences of having a conviction are really significant in this society, so it's excellent we're able to look at those cases as well."
Dougherty also said that the unit will consider guilty pleas, not just trial convictions as long as there is still a claim of actual innocence.
"We recognize defendants may plead guilty when they are not in fact guilty, possibly because they are worried about the consequences of going to trial," Dougherty said.
As a defense attorney, allowing plea cases was something Maximon said he was excited about.
"There is quite a bit of pressure put on defendants to take deals, even in disputed cases," he said. "So the fact that there is an avenue for them to still be able to assert their innocence is unique and really welcomed by the legal community, specifically the defense."
Dougherty said that he is not sure how many cases the unit will handle at a time, but said it will partly depend on the circumstances of each defendant.
"A case where DNA is involved might be different than a case of mistaken identity where we have to re-interview witnesses," Dougherty said. "But I'm confident we can keep up with the cases."
Dougherty said he hopes to have the application up on the DA's website within the next two weeks. He said he has already heard from a lot of defendants who think their cases might apply, as well as from members of the community supporting the idea.
"The response from the community has been overwhelmingly positive, and I think that speaks to the desire that people have to make sure there is transparency in their government," Dougherty said.
While it is the only such unit in the state at the moment, Maximon added that a representative from the Denver DA's Office attended a recent meeting.
"It seems like the work that we're doing in Boulder might be a model for other units like this all over the state," Maximon said. "We worked really hard to try to develop criteria and standards to this process with a really dedicated aim from all areas of the criminal justice system. From the defense perspective and the prosecution's perspective, every single person there is committed to finding a potential positive result for someone who has an actual innocence claim."
[i]Mitchell Byars: 303-473-1329, byarsm@dailycamera.com or twitter.com/mitchellbyars[/i]
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#2
There was a documentary show called "Dallas DNA" in which the so-called "Integrity Division" of the Dallas County District Attorney's office examined past cases to determine whether or not there were any wrongful convictions.  As I understood it at the time, they had about forty cases and found that a little under 50% were actually wrongful convictions.  Later numbers were eighty cases and a little over 50% wrongful convictions.  Now the cases were cases that could be determined by DNA testing, so they were selected cases.  But this is still a very bad track record.  It just shows how bad most other types of evidence are in comparison to DNA.  DNA is not a panacea, of course; there are numerous innocent explanations of the presence of DNA, but it's the most powerful investigative tool that has ever been developed and has been used to show just how weak all other investigative tools are by comparison.
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#3
I am hoping this DA may have a heart for people who were wrongly convicted in the court of public opinion as well as in the actual court houses. The fact that people can have their reputations destroyed by lies - their lives ruined - it's just wrong.

Others have been in the same boat as the Ramseys - - if innocent , they should be able to get relief from the police who are supposed to defend them - - at least I believe that.
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#4
https://www.bouldercounty.org/district-a...rity-unit/

Conviction Integrity Unit
The overarching goal of the Boulder District Attorney’s Office is to seek justice in every case. In pursuit of that goal, the Boulder District Attorney’s Office established the Conviction Integrity Unit (CIU) in 2018 to investigate wrongful conviction clams. Upon request, the CIU will review each claim in order to identify and rectify cases in which an individual was wrongfully convicted.
Purpose of the Conviction Integrity Unit
The mission of the CIU is to review legitimate claims of actual innocence. The CIU is composed of members representing the University of Colorado Law School, Alternative Defense Counsel, and the Boulder District Attorney’s Office. This collaborative approach seeks to ensure a fair review of all clams by a group of attorneys and investigators with differing perspectives from within the criminal justice system. The CIU process is completely independent of an previously filed or ongoing post-conviction litigation or appellate filings, and seeks to further the interest of justice by ensuring that every claim of actual innocence is being diligently reviewed and investigated.
Requirements for Consideration by CIU
The conviction must have been in Boulder County,
The petitioner must be a living person,
There must be a claim of actual innocence.
Credible evidence of innocence must exist, and,
The claim must not be frivolous.
Application and Other Resources
For more information on the Conviction Integrity Unit, contact us at (303)441-3700.
Application Form
Conviction Integrity Unit Policy and Application Process Memorandum
Frequently Asked Questions
Recent Press Releases
Boulder County attorneys set criteria for DA’s new conviction integrity unit
Boulder County DA starting conviction integrity unit to look at possible wrongful conviction cases
Boulder DA’s Conviction Integrity Unit Officially Online


20th Judicial District Attorney’s Office
Conviction Integrity Unit
Committed To Public Safety, Fairness and Equal Justice

CIU Mailing Address
Office of the District Attorney, Twentieth Judicial District
Conviction Integrity Unit
1777 6th Street
Boulder, CO 80302
Email Address
CIU@BoulderCounty.org
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