Trial Magazine

Trial lawyers have skills that are crucial to representing individuals desperately in need of counsel—the falsely convicted.

In December 1998, 14-year-old Michael Politte woke up from a sleepover at his home to find his mother murdered and her body set on fire. That day, with Michael still in shock, police arrested him as a suspect and took him to the station.

Tunnel vision, ineffective counsel, and flawed forensic evidence later led to Michael’s false conviction. At trial, for example, the prosecution argued that an accelerant was used and presented expert testimony that a chemical analysis of Michael’s shoes revealed the presence of gasoline. But a recent scientific analysis of the chemical testing confirmed that Michael’s shoes did not contain gasoline—the testing merely revealed chemicals used in the shoe manufacturing process.

Michael’s case gained national attention in MTV’s eight-episode docuseries “Unlocking the Truth,” which examined three cases of alleged wrongful convictions and was co-hosted by recent exoneree Ryan Ferguson, who was ¬wrongfully convicted of murder and served eight years in the same Missouri prison where Michael is today. The Midwest Innocence Project (MIP) and my firm are partnering to represent Michael in seeking post-conviction relief.

The MIP is one of 69 organizations in the Innocence Network that attorneys can get involved in. The Innocence Network’s mission is to seek justice for the wrongfully convicted through pro bono legal and investigative services.1 I initially became involved with the MIP as a board member. Michael’s tragic story struck a chord with me—we are almost the same age, we both grew up in small Missouri towns, and we shared many interests as teens. His case opened my eyes to how easily an innocent person can be falsely convicted.

Innocence Network organizations have vetted and investigated hundreds of cases like Michael’s—but they need lawyers to set the cases in motion, and many are eager to partner with attorneys who can help obtain justice for the falsely convicted.

While most AAJ members focus on civil matters, our skills as trial lawyers transfer seamlessly to innocence cases. For example, many wrongful conviction proceedings require an evidentiary hearing, which is a trial-like setting and requires the same skills: examining and cross-examining key witnesses, debunking the opposition’s theories, working with experts, explaining scientific concepts, and ultimately telling the client’s story. When working on cases like Michael’s, trial lawyers will feel right at home.

One of my mentors once told me, “There are no small cases. Your clients’ cases will likely have more impact on their lives than anything else they’ve experienced.” This is true in every case, and a wrongful conviction brings particularly high stakes—someone could serve a ¬lifelong prison sentence or be put to death for a crime he or she did not commit.

Innocence work speaks to the core of why many of us became trial lawyers: to seek the truth, correct injustices, and give hope to those who have nowhere else to turn. Whether you’re looking to play a minor or major role in a case, you’ll find ample opportunities for work that is fulfilling, both personally and professionally.

Mark A. Emison is a partner at Langdon & Emison in Lexington, Mo. He can be reached at mark@lelaw.com.

Notes

1. For more information, visit http://innocencenetwork.org/about/.