Conviction Integrity Unit

It is the mission of the Conviction Integrity Unit (CIU) of the Oakland County Prosecutor's Office to make the criminal justice system in Oakland County more fair and accountable and to remedy past injustices. Justice is served when the right person is held responsible. But, everyone loses when an actually innocent person is convicted and the guilty party goes free to further endanger the community.

The CIU is charged with identifying those injustices and making recommendations to remedy them. The CIU provides a process through which those convicted of crimes in which they played no role can petition the Oakland County Prosecutor's Office to review their case. If a CIU investigation substantiates a claim of actual innocence or determines that the integrity of the conviction is undermined, the CIU will recommend to the Oakland County Prosecutor an appropriate remedy.

The work of the CIU is grounded in the rules of professional conduct and in an unwavering dedication to the pursuit of justice for wrongfully convicted persons. The Michigan Rules of Professional Conduct Rule 3.8(g) states:

When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor's jurisdiction is innocent of the crime for which the defendant was prosecuted, the prosecutor shall seek to remedy the conviction.

Official comment: A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence.

Prosecutor Karen D. McDonald takes this responsibility to heart.

"When I first made the decision to step down from the Oakland County Circuit Court bench and run for Prosecutor, I did so because I believed that we could do better. That we could secure fair and just prosecutions and, at the same time, care about people. That we could keep our community safe by improving trust between the people of Oakland County and our law enforcement leaders. That sometimes, just because it is the way we have always done things, doesn't mean that it is the right way."
- Oakland County Prosecutor Karen McDonald

The CIU stands independently and outside court rules of procedures in reviewing a claim. As such, it does not function as a "13th juror" to review facts that have already been determined. The CIU investigates claims of injustice and makes a recommendation to the Oakland County Prosecutor. All final decisions about whether a remedy should be provided to a person seeking review by the CIU are made by the Prosecutor. The recommendation of the CIU and the decision of the Prosecutor are final and not appealable. If the Prosecutor decides a remedy is warranted, only the court has the authority to order a conviction vacated.

It is the work of the CIU to provide an avenue for seeking truth and justice. Low-income individuals and people of color are disproportionately affected by wrongful convictions. Our communities must address this injustice - expose it, remedy it, and prevent it. Through this collaboration between the Oakland County Prosecutor's Office, law enforcement, and the legal community, the criminal justice system can be improved to fairly serve everyone; giving a renewed meaning to the phrase, "with liberty and justice for all."

The first step in initiating a review is to submit an application to the Conviction Integrity Unit (CIU) of the Oakland County Prosecutor's Office. The CIU is a unit of the Prosecutor's Office and anything shared in this application is not confidential. Applicants do not need a lawyer to have their case reviewed. However, if they have a lawyer, they should tell them that they are applying and consult with them.

Upon receipt of a written claim, the CIU will determine whether the claim is eligible for consideration (see Eligibility). Phone requests will not be honored. Applicants must submit a written claim (see Application).

If the initial review shows the claim does not meet the eligibility requirements, applicants will be notified and the CIU will take no further action. If the initial review shows the claim may be eligible, the CIU will notify applicants that it intends to further investigate the factual merits of the claim.

Be assured every eligible claim will be reviewed. We recognize that applicants are anxious to hear back from the unit. While the CIU cannot give a time frame for review, we will notify applicants promptly when the claim is received and if additional information is requested. Calling or emailing the CIU does not bring an application priority or attention, but if applicants have questions about the process, they may contact the Office, and someone will try to assist you. Remember, the CIU is not a lawyer for applicants and it cannot give legal advice.

As part of its investigation, the CIU may request to interview various involved parties, including prior attorneys, or the applicant. If there is any action by the CIU that may invoke the waiver of an applicant's constitutional rights, applicants will have an opportunity to consult with a lawyer. If an applicant does not have a lawyer, they may request the appointment of counsel. Applicants do not need a lawyer to have their case reviewed by the CIU.

When the CIU has completed its investigation, a report with the recommendation will be presented to the Oakland County Prosecutor. Applicants will be promptly notified of the recommendation. The nature and form of any relief recommended or denied are solely within the discretion of the Prosecutor. Note, that only a court can set aside a conviction and grant relief. At this point, any next steps are in the trial court and do not involve the CIU.

If applicants disagree with the recommendation of the CIU or the Prosecutor, there is no appellate process because the CIU is not part of the court proceedings. However, applicants may be able to raise the same claims in other forums, like a Motion for Relief from Judgement or a Habeas Petition. It is important to know that the information developed by the CIU during its investigation and the information on the application will be available to other units in the Prosecutor's Office and to law enforcement.

The CIU strives to increase transparency, integrity, and trust in the criminal justice system. Applicants will be informed of the conclusions reached and decisions made as soon as possible given our resources and workforce.

"If I have learned anything from my thirty years as a criminal defense attorney, it is that we all have biases and prejudices. It is what we do with them that changes things. We know that wrongful convictions disproportionately affect black and brown communities and it is time to fix this. I was brought in from the outside to provide a new eye, a fresh look at Oakland County's criminal justice system. T o me, this means that Prosecutor McDonald is serious about integrity in her office. My work here will be to investigate, expose, and rectify these serious miscarriages of justice."
- OCPO CIU Director Beth Greenberg Morrow

The Conviction Integrity Unit accepts requests for review that meet these requirements:

1. The applicant must be living.
2. The applicant must have been prosecuted by the Oakland County Prosecutor's Office and sentenced by 6th Circuit Court, Oakland County.
3. The final judgement of conviction and sentence must have been entered and all appeals final.
4. The applicant claims actual innocence. Actual innocence means the applicant played no role in the crime of conviction.
5. There is new, credible, material evidence that has not been specifically addressed by any court. This new evidence may be known to the applicant or developed during the Conviction Integrity Unit's investigation.

The Conviction Integrity Unit may also, in its discretion, investigate other claims in the interest of justice under MRPC 3.8.

The Application for Review is a request for the Conviction Integrity Unit of the Oakland County Prosecutor's Office to review a conviction. Applicants are encouraged to use the CIU application. The CIU will not consider applications through telephone calls.

The CIU initial review is based on the application, so applicants should take their time to carefully complete the application. We discourage sending additional documents and they will not be returned.

The application may be completed by the convicted person or anyone authorized by the convicted person. However, in order for an investigation to proceed, it must include the signed Consent Form from the convicted person.

If the convicted person is represented by counsel, communication will only be with their lawyer unless expressly waived.

Due to the high volume of requests, the CIU cannot provide a time when the application review will be completed. Be assured, that applicants will be notified when their application is received and if additional information is needed.

Applicants may return completed forms by email to ciu@oakgov.com mail to:

Oakland County Prosecutor's Office
Conviction Integrity Unit
1200 N. Telegraph Rd., West Wing - Building 14E
Pontiac, MI, 48341

• OCPO CIU Application