DIVERSITY CORNER
Conviction Review Unit- Office of the State Attorney , 15th Judicial Circuit
FREDDELLE MENARD
CHEO REID
The following article has been written by Assistant State Attorney Freddelle Menard and Assistant State Attorney Cheo Reid
The exoneration of Gary Dotson in August 1989 through the novel use of DNA technology signaled the beginning of a higher societal awareness surrounding criminal convictions and accountability within the criminal justice system . Since then , the National Registry of Exonerations reports that there have been more than 2,000 exonerations in the United States to date . The National Registry of Exonerations is a project of the Newkirk Center for Science & Society at University of California Irvine , the University of Michigan Law School and Michigan State University College of Law . The registry was founded in 2012 , in conjunction with the Northwestern University School of Law Center on Wrongful Convictions . According to the National Registry of Exonerations , a “ person has been exonerated if he or she was convicted of a crime and , following a post-conviction re-examination of the evidence in the case , was either : ( 1 ) declared to be factually innocent by a government official or agency with the authority to make that declaration ; or ( 2 ) relieved of all the consequences of the criminal conviction by a government official or body with the authority to take that action .”
Thanks to the work of criminal justice reform organizations and the technological advancements in deoxyribonucleic acid ( DNA ) evidence collection and testing , there has been a nationwide focus on and increase in the exoneration of wrongly imprisoned persons across the country . Experts have opined that there has been a significant increase in exonerations due to a growing trend of accountability in prosecutorial offices around the country . Although this may be true , some offices are progressing at a quicker pace than others when it comes to remedying wrongful convictions .
There are approximately 2,300 prosecutorial offices in the United States and more than 90 % of those offices do not have a specialized unit or prosecutor dedicated to the review of potential wrongful convictions . However , the Office of State Attorney Dave Aronberg for the 15th Judicial Circuit of Florida has become a change-maker on the issue of wrongful convictions by creating a Conviction Review Unit ( CRU ) within the office . The purpose of the CRU is to identify , remedy , and prevent wrongful convictions .
When asked why the office felt it necessary to create such a unit , State Attorney Dave Aronberg answered that the CRU is essential because “ wrongful convictions are contrary to our mission in this office , as they punish the innocent , undermine the integrity of our criminal justice system and threaten public safety by allowing the actual perpetrators to go free .” Aronberg went on to say that a prosecutor ’ s job is not to just get a conviction in every case , but instead to “ get it right .”
The CRU consists of attorneys , investigators , and support staff who conduct an initial screening process to identify plausible claims of innocence on behalf of convicted defendants . After the initial screening is complete and a meritorious claim is identified , the CRU then conducts a more detailed investigation and offers several remedies should it discover that a wrongful conviction has occurred , including pursuing dismissal of the underlying charges and convictions .
Deputy Chief Assistant State Attorney Alexcia Cox , who spearheaded the creation of the CRU , expressed that the CRU is not only needed in Palm Beach County , but everywhere across the United States and that it is important for Palm Beach County to be one of the first to stand on the “ right side of justice .” In regard to how the office thinks it can help prevent wrongful convictions , Cox stated that through transparency , increased and specialized training , and greater accountability , the occurrence of wrongful convictions will diminish .
Anyone who believes that they or a loved one have been wrongfully convicted of a crime in Palm Beach County is urged to complete the petition found on the
office ’ s website , www . sa15 . state . fl . us . For questions about the CRU , contact ( 561 ) 355- 7179 or e-mail cru @ sa15 . org .
Freddelle Menard is an Assistant State Attorney in the Juvenile Division of the Office of the State Attorney Dave Aronberg . She is a graduate of Florida State University , College of Law and is a member of the Palm Beach County Bar and F . Malcolm Cunningham , Sr . Bar Associations .
Cheo Reid is an Assistant State Attorney who serves as the Chief of the Juvenile Division in the Office of the State Attorney Dave Aronberg . He is a graduate of Florida A & M University , College of Law . Mr . Reid is a member of the Palm Beach County Bar Association , F . Malcolm Cunningham , Sr . Bar Association , and the Palm Beach County Hispanic Bar Association . He is also a member of county ’ s Criminal Justice Commission Community Engagement Team .
• http :// www . law . umich . edu / special exoneration / Pages / mission . aspx
• http :// www . law . umich . edu / special / exoneration / Pages / glossary . aspx
PBCBA BAR BULLETIN 11