When improper conduct occurs in the criminal justice system, such as when prosecutors fail to disclose evidence that could benefit the defense or make inappropriate comments in court, it can affect a defendants' ability to get a fair trial.
For a small number of defendants in Ohio, it has led to wrongful imprisonment for years, or even decades.
A recent investigation by Columbia Journalism Investigationsand The Ohio Newsroom examined hundreds of Ohio appellate decisions in a first-of-its kind analysis, hoping to shed light on how prosecutorial misconduct occurs in the state, and nationwide. Ideastream Public Media and NPR were partners in the project.
The investigation found that nearly 450 appeals in 4,700 trials in Ohio from 2018 to 2021, about 10%, included an allegation of prosecutorial misconduct. Twenty five percent of those claims ended in a ruling of improper conduct by a judge. And 80% of those improper conduct rulings were determined to be harmless, meaning the court believed the conduct did not affect the outcome of the case.
The investigation also found rare but significant instances where evidence was withheld from defendants in Cuyahoga County, evidence that would lead to their exoneration years later.
In response to the investigation, the Ohio Prosecuting Attorney's Association, a nonprofit representing Ohio's 88 elected county prosecutors, said CJI should publicly release the database reporters created to conduct their analysis and said the low number of improper conduct cases indicates it is not, as legal experts told the journalists, a systemic problem.
We want to note that the "Sound of Ideas" invited OPAA to share their perspective during Tuesday's show, but they were unable to participate. However, coming up in this hour, we will hear from two prosecutors from the Cuyahoga County Prosecutor's Office to get their perspective on these issues.
We'll start Tuesday's show by learning more about the investigation with two reporters, and a legal expert.
Guests:
-Matt Richmond, Criminal Justice Reporter, Ideastream Public Media
-Cameron Oakes, Reporter, Columbia Journalism Investigations
-Bennett Gershman, Distinguished Professor, Pace University School of Law
-Michael Buehner, Exonerated after 20 years in prison
-Kristen Sobieski, Assistant Prosecuting Attorney, Cuyahoga County Prosecutor's Office
-Daniel Van, Assistant Prosecuting Attorney, Cuyahoga County Prosecutor's Office
Watch the discussion in the player below.
