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California Innocence Project

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California Western Innocence and Justice Clinic
AbbreviationIJC
Formation1999 (1999)
TypeNon-profit organization
PurposeIJC provides representation to individuals who are wrongfully convicted with a goal of securing their release from prison.
HeadquartersCalifornia Western School of Law
Location
  • San Diego
Region
California
ServicesPro Bono legal services
Executive Director
Amy Kimpel
Websitehttps://cwsl.edu/experiential_learning/clinics/california_western_innocence_and_justice_clinic.html
Formerly called
California Innocence Project

The California Western Innocence and Justice Clinic (IJC) (formerly known as California Innocence Project) is a non-profit based at California Western School of Law (CWSL) in San Diego, California, United States, that provides pro bono representation to individuals who are wrongfully convicted with a goal of securing their release from prison.

History

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The California Innocence Project was founded in 1999 at California Western School of Law in San Diego, California by Director Justin Brooks and Law Professor Jan Stiglitz. CIP was the fourth innocence project to form in the United States as part of the national innocence movement.

In May 2023, Justin Brooks announced his departure from both California Western School of Law and California Innocence Project.

Alissa Bjerkhoel began as Interim Director after Brook's departure and, in November 2023, was appointed to the judiciary.

In June 2024, the clinic (formerly known as the California Innocence Project) was renamed California Western Innocence and Justice Clinic (IJC).

Megan Baca of the California Innocence Advocates (Cal-IA) and her team partnered with CWSL and IJC to continue running the clinic until the newly hired executive director could arrive in July 2024.

In July 2024, Amy Kimpel began as the executive director of IJC and continues to partner with Baca's team at Cal-IA.

Case screening

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IJC screens approximately 2,000 claims of wrongful conviction annually. Applicants must be incarcerated and must have at least four years remaining on their sentence. In such cases, new, strong evidence of innocence must exist. IJC only accepts cases where the conviction occurred in the following Southern California counties:

IJC is a law school clinical program. Cases are screened by students. IJC will review a case post-conviction and post-sentencing. IJC will not provide legal assistance during the time of pre-trial or trial.

Notable exonerations

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IJC has aided in the release of the following incarcerated individuals:

Brian Banks

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Main article: Brian Banks (American football)

Brian Banks was exonerated in 2012 after his accuser recanted her testimony that Banks raped and kidnapped her. Faced with a possible 41 years to life sentence, he accepted a plea deal that included five years in prison, five years of probation, and registering as a sex offender.[1] The California Innocence Project (now IJC) took on the case after Banks came to the project with compelling evidence of innocence. After several months of investigation, the Los Angeles District Attorney agreed to dismiss the case against Banks.[2]

Daniel Larsen

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Main article: Kamala Harris § Daniel Larsen case

Daniel Larsen was exonerated in 2010 yet remained incarcerated until March 19, 2013 because the California Attorney General, Kamala Harris, continued to appeal.[3] The California Innocence Project (now IJC) began representing Larsen in 2002.In 2010, a judge ordered Larsen's release, finding that he was "actually innocent" of the crime and that Larsen's constitutional rights were violated.Despite the ruling, Larsen remained in prison for two more years while the state attorney general challenged the judge's ruling because Larsen had missed the appeal deadline.[4] In 2013 the 9th U.S. Circuit Court of Appeals upheld the lower court ruling and freed Larsen after 14 years in prison.[5][6]

Jason Puracal

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Jason Puracal was exonerated in 2012 after an appeals court overturned his 22-year sentence in a Nicaragua maximum-security prison. Despite lack of evidence, Puracal was arrested November 2010 in San Juan del Sur and convicted of money-laundering, drug charges, and organized crime in August 2011.[7] The California Innocence Project (now IJC) helped bring Puracal's case before a three-judge appellate panel in August 2012. On September 12, 2012, he was acquitted of all charges and ordered released.[8]

In addition to the above exonerations, IJC has contributed to the release of individuals such as

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Timothy Atkins, Rafael Madrigal, Uriah Courtney, and Marilyn Mulero.

Innocence March

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On April 27, 2013, CIP staff and supporters began the Innocence March, a 712-mile, two-month-long walk from the California Western School of Law in San Diego to Sacramento, where they presented Governor of California Jerry Brown with clemency petitions for 'The California 12.' In each of these inmates' cases, attorneys had exhausted all legal recourse despite compelling evidence of innocence.[9]

The California 12

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  • Ed Contreras
  • Alan Gimenez
  • Michael Hanline
  • Suzanne Johnson
  • Kimberly Long
  • Dolores Macias
  • Rodney Patrick McNeal
  • Guy Miles
  • Quintin Morris
  • Kiera Newsome
  • Joann Parks
  • William Richards

Some of these clients had been found innocent by a judge, yet remained incarcerated for a while, although as of 2020 only one remains in prison.[10] The Innocence March ended June 20, 2013, at the steps of the California State Capitol building in Sacramento. Following a rally attended by more than 100 supporters, attorneys from the California Innocence Project met with a staff delegation from the office of Governor Jerry Brown to plead for clemency for The California 12, and to call attention to wrongful convictions and contributing causes, such as flawed eyewitness identification and faulty science.[11]

In 2020, the incumbent Governor of California Gavin Newsom granted clemency to dozens of prisoners, including four from the California 12, so only one, Edward Contreras, remains incarcerated.

See also

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References

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  1. ^ Riley, Samantha (April 4, 2013). "Exonerated Football Player Brian Banks Signed by Atlanta Falcons". ABC News.
  2. ^ "Exonerated California man restarts life, dreams of playing in NFL". CNN. May 31, 2012.
  3. ^ "'Actually innocent' man freed after 13 years". Los Angeles Times. 19 March 2013.
  4. ^ Miles, Kathleen (2012-08-22). "Daniel Larsen, Found Innocent By Federal Judge, Has Been In Prison For 13 Years". HuffPost. Retrieved 24 January 2014.
  5. ^ "Larsen vs. Soto" (PDF). United States Court of Appeals for the Ninth Circuit. 2013-09-16.[permanent dead link‍]
  6. ^ "Daniel Larsen". National Registry of Exonerations. January 27, 2014. Retrieved January 14, 2015.
  7. ^ "Jason Puracal, U.S. Man Jailed In Nicaragua, Freed". The World Post. September 19, 2012.
  8. ^ Slosson, Mary (2012-09-14). "American freed from Nicaraguan jail has left country: supporters". Reuters. Thomas Reuters. Archived from the original on 2015-10-21. Retrieved 2017-06-30.
  9. ^ Elmusa, Karmah (May 2013). "Innocence March". California Lawyer. Archived from the original on 2014-09-03. Retrieved 2014-01-22.
  10. ^ "California Innocence March kicks off in San Diego". April 2013.
  11. ^ "Innocence March".
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