Innocence Project wins ruling in 1989 murder conviction

Pictured are Director Marla Mitchell-Cichon (center) with clients Kenneth Wyniemko (left) and Donya Davis (right) and the current Cooley Innocence
Project team.

The Michigan Supreme Court ruled in favor of an appeal filed by WMU-Cooley Law School's Innocence Project in the 1989 murder conviction of Gilbert Lee Poole Jr. In 2003, WMU-Cooley Law School's Innocence Project began its search for biological evidence that could prove Poole's innocence. After learning that most items of evidence had been destroyed, the Project located the remaining evidence at the Pontiac Police Department. In 2012, Project Director and Attorney Marla Mitchell-Cichon filed a request for DNA testing in the Oakland County Circuit Court, but the court denied testing. Last week the Michigan Supreme Court ruled that the Court of Appeals must consider Poole's request for testing.

The Oakland County Circuit Court first denied DNA testing in 2012 based on its interpretation of Michigan's DNA testing law, MCL 770.16. The Court of Appeals applied the law of case doctrine and denied the appeal.

"This is a big win for our client who has fought 26 years to overturn his conviction. This is the first favorable court decision in his case. It is a tremendous win for our project. Countless students have dedicated hundreds of hours to this case," said Mitchell-Cichon. "Mr. Poole is simply asking for the opportunity to have material evidence tested that may call into question his 1989 conviction. It's in the State's interest to make sure the right person is held accountable."

WMU-Cooley Innocence Project intern Angela Easterday, now a Michigan licensed attorney, briefed and argued the case in the Court of Appeals. Recent WMU-Cooley graduate Stephanie Hale wrote the motion for reconsideration and the leave to appeal to the Michigan Supreme Court.

"It takes a village to free an innocent man," Mitchell-Cichon said.

Besides Easterday and Hale, several students and attorneys have assisted in Poole's case, including Staff Attorney Cassandra Babel, Adjunct Professor Marie Wolfe, Professor Emeritus Mary D'Isa and Adjunct Professor Bill Fleener.

The WMU-Cooley Innocence Project is part of the Innocence Network, which has been credited with the release of over 329 wrongfully accused prisoners mainly through the use of DNA testing. Cooley's Innocence Project has exonerated three individuals: Kenneth Wyniemko, Nathaniel Hatchett and Donya Davis.

The WMU-Cooley Innocence Project began its operation in May 2001 as a law school clinic. Operating under Michigan's post-conviction DNA testing law, MCL 770.16, the Project's dual mission is to identify, provide legal assistance to and secure the release of persons who are wrongfully imprisoned for crimes they did not commit and to provide its students with an invaluable learning experience. It is the only such project in the state.

Published: Wed, May 27, 2015

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