They do not necessarily represent the opinions of the Kentucky Innocence Project, the Department of Public Advocacy, or its employees or officers.* The Kentucky Innocence Project (KIP) was developed by the Department of Public Advocacy to provide incarcerated men and women who have legitimate claims of innocence with a resource through which their claims may be investigated and presented to the co
urts of the Commonwealth for relief. KIP serves the entire state by not only addressing each case of wrongful conviction but also addressing much broader concerns in the criminal justice system. KIP seeks to introduce innovative social policies, to create progressive legislative and constitutional reforms, and to establish itself as a conduit for progress. Founded in 2001, the Kentucky Innocence Project provides quality investigative and legal assistance to Kentucky prisoners with provable claims of actual innocence. The Program combines the resources of the Kentucky Department of Public Advocacy (the Commonwealth’s Public Defender Agency) with several of the Commonwealth’s finest educational institutions to extensively investigate and litigate claims of innocence by those convicted in the state of Kentucky. Chase School of Law, the University of Kentucky College of Law and the University of Louisville Brandeis School of Law offer students the opportunity to participate in the Kentucky Innocence Project Externship. These students receive the opportunity to sharpen professional skills while performing a valuable service to the wrongfully incarcerated men and women of the Commonwealth. Unlike many other innocence projects across the country, KIP does not limit cases only to those where DNA evidence exists. Instead the Kentucky Innocence Project strives to release all wrongfully convicted Kentuckians. Suggested Case Criteria
In order to qualify for the services, prospective clients should meet the following criteria:
• A Kentucky conviction & incarceration;
• A minimum ten-year sentence;
• A minimum of three years until eligible to go before the parole board or if parole has been deferred, a minimum of three years to the next appearance before the Board;
• New evidence of innocence discovered since the conviction which can be investigated; and
• A claim of actual innocence. Frequently Asked Questions (FAQs)
-What is the Kentucky Innocence Project? The Kentucky Innocence Project (“KIP”) was established in 2001 by the Department of Public Advocacy to provide quality investigative and legal assistance to Kentucky prisoners with provable claims of actual innocence. KIP combines the resources of the Commonwealth’s Public Defender Agency with several of the state’s finest educational institutions to extensively investigate and then litigate claims of innocence.
-What types of cases are eligible for assistance? In order to qualify for the services, prospective clients should meet the following criteria:
• A Kentucky conviction & incarceration;
• A minimum ten-year sentence;
• A minimum of three years until eligible to go before the parole board or if parole has been deferred, a minimum of three years to the next appearance before the Board;
• New evidence of innocence discovered since the conviction which can be investigated; and
• A claim of actual innocence.
-Does KIP ever accept cases outside of the above criteria? All applications for assistance are reviewed and decisions are made on a case by case basis.
-How do I request assistance? In order to qualify for services, you must contact Linda Smith, the Directing Attorney of the Kentucky Innocence Project at 5 Mill Creek Park, Section 101, Frankfort, Kentucky 40601. Once your request is received, KIP will send you an application and a questionnaire. You must complete these documents in order to be considered for assistance. If you have problems filing out the application or questionnaire, please contact the Kentucky Innocence Project at 502/564-3948.
-Does KIP accept cases involving DNA? The Kentucky Innocence Project is equipped to handle cases involving DNA evidence. All assigned cases are subjected to a rigorous investigative process to uncover all evidence of innocence. This ensures that the individual client will receive the best possible shot at exoneration.
-Are cases limited to those involving DNA? Unlike other innocence projects, the Kentucky Innocence Project assumes investigation on cases where there are other indicia of wrongful conviction.
-What are the “indicia of wrongful conviction”? The American Justice System sometimes fails. The study of DNA exonerations has revealed disturbing trends within the justice system and identified some of the factors contributing to the problem: False Confessions, Mistaken Identification, Informants/Snitches, False Witness Testimony, Bad Lawyering, Defective or Fraudulent Science, Prosecutorial Misconduct, Police Misconduct, Serology Inclusion.
-What happens once a case is accepted by the Kentucky Innocence Project? Cases are generally accepted and assigned on an annual basis. Once a case is accepted, it is matched with a student from one of our three externship programs. Then, the student and the KIP staff investigate the case throughout the academic year.
-Who are the students investigating the Kentucky Innocence Project cases? The Northern Kentucky University’s Salmon P. Chase School of Law, the University of Kentucky College of Law and the University of Louisville Brandeis School of Law carefully screen and offer students the opportunity to participate in the Kentucky Innocence Project Externship. Students admitted to the Kentucky Innocence Project Externship have been chosen to participate by having demonstrated both an aptitude and a commitment to the innocence mission. These select students receive the opportunity to sharpen professional skills while performing a valuable service to the wrongfully incarcerated men and women of the Commonwealth.
-What responsibilities do individuals with accepted cases have? Prospective indigent clients need not pay for any of the investigation or litigation fees associated with the work of the Kentucky Innocence Project. However, they must agree to fully cooperate with the investigation and any testing conducted as part of the investigation.
-Do all accepted cases eventually reach court? Sometimes the investigation (or DNA testing) does not support the claim of innocence. In these instances, the investigation is halted and the case is closed. KIP makes clear to potential clients the possibility that the investigation may confirm guilt. In a few cases, the investigation may be inconclusive and not yield enough evidence for litigation despite the possibility that the convicted individual may be innocent.
-What happens to my application if it is not assigned to a student? All applications are maintained on file and reviewed every summer as part of the selection process for assignment to students in the fall. Applicants who do not meet the minimum criteria or are otherwise ineligible for services will be notified in writing by mail. Recently, KIP has been awarded a Federal Grant to go through our backlog of cases and an investigator has been hired to review our 500+ cases on file. Some of these cases may be selected for further investigation throughout the year.
-What happens after the person is released from incarceration? A client’s release is only the first step in a long and difficult journey to life after exoneration. The Kentucky Innocence Project has partnered with the University of Kentucky Graduate School of Social Work to help exonerees adjust to their new life. These social work interns offer a wide variety of services to clients and aid in continuing the mission of the Kentucky Innocence Project.
-Do exonerated clients automatically receive large financial settlements? While twenty-two states have compensation statutes which allow wrongfully convicted persons to seek damages, Kentucky does not currently have such legislation. In fact, most exonerees walk out of prison without financial support and it can take years to litigate such a claim. Unfortunately, some exonerees are never compensated.
