Page 15 - ACTL Journal Win24

To address this problem, the Missouri legislature enacted a new statute allowing any prosecutor in the state to pro- ceed by bringing a motion to remedy a wrongful conviction at any time. As appointed special assistant counsel for the City of St. Louis Circuit, Charlie fully evaluated the entire case and, after convincing himself that the totality of the evidence indicated that Lamar was innocent of murder, he filed a motion on behalf of the prosecutor’s office in which he asserted that Lamar had been wrongfully convicted and imprisoned. The judge assigned to the matter agreed and Lamar was finally able to walk out of a St. Louis courtroom a free and totally exonerated man. [For more information regarding Lamar Johnson’s case, please listen to the excel- lent ACTL podcast moderated by ACTL Distinguished Pro Bono Fellow Terri Mascherin.]
Michael Feldberg provided the audience with several examples of how Fellows can get involved in innocence-fo- cused work. Fellows can serve as co-counsel with an inno- cence organization in the handling of the entire case or part of a case; can participate in review teams that study case file materials and provide a recommendation to an innocence organization regarding whether a case should or should not be judicially pursued; can draft FOIA requests, motions, or amicus briefs; can assist an innocent organiza- tion’s lawyers to prepare for trial testimony; and can sub- mit letters of support and/or lobby legislators regarding the enactment of laws needed for the creation/funding of CIUs and statutes similar to that passed in Missouri under Charlie Weiss’s leadership.
Fellows can follow the example set by ACTL Distinguished Pro Bono Fellow Kimball Anderson and his wife Karen with the establishment of access to justice related internships and financial incentives for law students and lawyers to work with access to justice entities. Recently, the Louisiana Fel- lows collectively created a paid summer internship program
in which a law student from Southern University Law Cen- ter in Baton Rouge works for six to eight weeks at the In- nocence Project New Orleans (IPNO), the recipient of the 2023 Emil Gumpert Award. The summer of 2024 will mark the third year for this program, which has proved to be an invaluable one for the students, the law school, IPNO, and the clients served by IPNO. Over the years, the inspiring work of ACTL Fellows and entities serving those who have been wrongfully imprisoned have been featured in the Fall 2020, Spring 2021, Summer 2021, Fall 2021 and Winter 2022 editions of the Journal.
Now is the time for each of us individually and collective- ly to get involved in some way in this much needed and very rewarding access to justice/pro bono work. We can tru- ly make a difference in the lives of those whom we serve whether it be through our time, financial resources, or both. If you want to become involved and are looking for sug- gestions as to how, contact me at mark.surprenant@arlaw. com to discuss how you can be a part of the mission to free the innocent and prevent future wrongful convictions.
Mark C. Surprenant
Chair, Distinguished Pro Bono Fellows Committee
WINTER 2024 JOURNAL 14