NASHVILLE, Tenn. (WKRN) — A bipartisan bill would make it easier for Tennesseans convicted of a crime they say they didn’t commit to present certain evidence in court that proves their innocence, among other changes to make the process more efficient.
Right now, Tennessee law only allows a person convicted of a crime to petition the court to reopen their post-conviction proceedings if there is new, scientific evidence proving their innocence, like DNA. There is no pathway for people convicted of a crime to petition the court if nonscientific evidence, like a video or new witness testimony, has been discovered.
A bill that would make changes to the process is sponsored by Republican Senator Todd Gardenhire (R-Chattanooga) and Democratic Rep. Bob Freeman (D-Nashville).
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“The Tennessee Innocence Project brought to my attention the difficulties that people that have information that proves their innocence that is non-scientific, the difficulties those people have getting back in front of a judge, getting back into a court system and actually having their innocence proven in court,” Rep. Freeman said. “If there was forensic data, scientific data, there is absolutely a mechanism through which they can bring that, but additional testimony, video, written evidence, that kind of stuff does not qualify.”
The bill would allow people convicted of a crime to petition for nonscientific evidence to be presented in a hearing.
In addition, the bill also “evens the playing field for prosecutors,” according to Jason Gichner, the executive director of the Tennessee Innocence Project, by allowing prosecutors to file a petition with the court if they believe a person was wrongfully convicted. Gichner told News 2 while prosecutors have an ethical obligation to address wrongful convictions they come across, they currently don’t have a procedural mechanism to bring these cases back into court. Many times, they have to let a defense attorney know if they believe someone is innocent and behind bars.
Finally, the bill creates a “free-standing innocence petition” to make the process easier and more efficient.
“It should not take 15 years to figure out if an innocent person is locked up for a crime committed by someone else,” Gichner wrote to News 2. “If a person has objective evidence of innocence, never heard by a court before, they should get their day in court as soon as possible. This is not just better for the innocent person in prison, it is also much better for the victims who were denied real justice.”
Rep. Freeman said it makes sense to work on the bill with a Republican because he considers this to be a very bipartisan issue.
“Having two people addressing this in a nonpartisan way allows it to be viewed in a nonpartisan way, and this is one of those things,” Rep. Freeman said. “What’s more important than making sure that the right people are serving time in jail for crimes they committed? This gives us an opportunity for those people to challenge that and come back out.”
