Chester County D.A. Adds Conviction Integrity Protocols

WEST CHESTER, PA — The Chester County District Attorney's Office has created a Conviction Integrity Review Protocol, mandating that prosecutors consider credible claims of actual innocence to ensure the reliability, accuracy, and credibility of trial convictions.

Conviction Integrity Review processes are becoming more common in DA offices across the country, where newly discovered evidence may suggest an inaccurate conviction. These processes focus exclusively on post-conviction reviews that may provide redress of past errors, and training opportunities to prevent future mistakes.

In February 2020, Pennsylvania Attorney General Josh Shapiro launched Pennsylvania's first statewide Conviction Integrity Unit ― a new division under the Pennsylvania Office of Attorney General. CIU’s mission is to review and reevaluate past convictions to ensure justice, working in partnership with the Commonwealth's District Attorneys, law enforcement, and victims.

"The job of our office is to fight for justice and ensure the proper outcome throughout the entire process," Chester County District Attorney Deb Ryan stated.

Ryan said the new protocols uphold the mission statement of the Chester County District Attorney's Office, "to do the right thing with integrity and fairness."

"We have an obligation to consider new, credible and material evidence that creates a reasonable likelihood the defendant did not commit an offense of which the defendant was convicted. It is the prosecutor’s responsibility to take the necessary steps to rectify the situation. However, we will not forget about the victims during these necessary reviews, and my office pledges to maintain a continuous and open dialogue with them," Ryan added.

Those concerned with the integrity of convictions say it is necessary for maintaining the public's trust in justice systems.

"The willingness of Pennsylvania prosecutors to conduct a fearless, critical review of past convictions underscores their commitment to the pursuit of justice — both proactive and retrospective. The people of Pennsylvania are well served by this initiative," said Kristine Hamann, Executive Director and Founder of Prosecutors' Center for Excellence.

"No justice system can be successful without the trust of the public," Hamann added.

Convicted felons have numerous post-conviction legal avenues to take through the state and federal court systems, making the Chester County Conviction Integrity Review a last resort. It is only for claims of actual innocence, where there is credible and material evidence to support that the petitioner is innocent, the D.A.'s office explained.

An actual innocence claim must meet the following prerequisites, in addition to other criteria outlined in the protocol, for review:

• The conviction must have occurred in the Chester County Court of Common Pleas.
• Only murder and felony convictions are eligible for review; misdemeanor or summary convictions are not.
• The conviction must have resulted from a jury or non-jury trial; cases with guilty pleas will not be considered.
• Credible evidence of actual innocence must exist; the petitioner bears the burden of providing that credible evidence.
• The petitioner must be currently incarcerated.

Once a petition is determined to meet all the prerequisites, it enters the next phase, a full review and investigation by the DA's office. This phase could include interviews with witnesses, a review of physical evidence, or the evaluation of new scientific or technological advances. Cases that pose a conflict will be referred to the Pennsylvania Office of the Attorney General.

The application and protocol can be found here.