UW law project close to freeing innocent man

A Texas man who has spent 12 years in prison for a crime he did not commit is expected to be exonerated Tuesday, Jan. 16, thanks to the Wisconsin Innocence Project at the Law School.

Three law students, under the supervision of clinical professors Keith Findley and John Pray, spent 18 months working on the case of 34-year-old Chris Ochoa, who is now considered to be innocent of a 1988 conviction of rape and murder.

Law students Cory Tennison, Brian VanDenzen and Wendy Seffrood will accompany their professors to Ochoa’s hearing in Austin, Texas, where the Travis County District Attorney is expected to join the Wisconsin Innocence Project in a motion supporting Ochoa’s freedom.

Their hope is that Ochoa can be released on bond pending a final decision by the Texas Court of Criminal Appeals or the Governor’s Pardon Board. Ochoa’s claim of innocence has been substantiated by a combination of DNA testing and the verified confession of another man.

“The Ochoa case is a prime example of, and it serves to highlight, the phenomenon of false confessions caused by fear of the death penalty,” says Findley, who co-directs the law school’s clinical program with Pray.

The Wisconsin Innocence Project’s work on this case began after it received a letter from Ochoa, who heard of their work and told them he was innocent and felt that DNA testing would prove it.

Ochoa, who has no prior criminal record, says he confessed to the crime and implicated his roommate, Richard Danziger, after being threatened during police interrogations. Ochoa says he confessed to spare himself the death penalty, and was subsequently sentenced to life in prison.

Eight years after Ochoa’s conviction, another man, Achim Marino, confessed he was responsible for the murder and sexual assault. He said he had the religious experience of becoming a “born again” Christian, and could not live with himself knowing that two men were in prison for his acts.

He also said he was the sole person responsible. DNA tests prove that Marino was in fact the lone murderer and rapist. Danziger is also expected to gain his freedom as a result of the students’ work. He is being represented by a Texas attorney.

“What we had hoped for the case was if there were any evidence samples remaining at various Texas agencies, we would try to get them retested with current technology to conclusively prove Chris’ innocence,” Seffrood says.

Adds VanDenzen, “It is an exception for the Wisconsin Innocence Project to take an out-of-state case, but in Chris’ case we felt that it was a good fit because of the potential for DNA testing.”

Seffrood sent letters requesting the preservation of evidence in February, but it wasn’t until September that the Travis County District Attorney’s Office reported the results. Pray praises the district attorney’s office for reopening the case and cooperating with the testing request.

“Mr. Ochoa is a lucky man because the DA did not throw away the DNA evidence,” Pray says.

The three students and two professors say they are looking forward with great excitement to the Wisconsin Innocence Project’s first exoneration, and their enthusiasm has spread to the rest of the UW Law School. They will take with them a check for approximately $750 collected from more than 150 law school students, faculty and staff, who also signed a giant card for Ochoa.

The money will pay for a plane ticket for Dora Ochoa, Chris’ mother, to travel from her home in El Paso to the Austin hearing. She is expected to be able to walk her son out of the courtroom to freedom, and then fly home with him.

The Wisconsin Innocence Project was formed 2 1/2 years ago with the assistance of noted attorney Barry Scheck, who started the Innocence Project at Yeshiva University’s Benjamin N. Cardozo Law School in New York. Scheck’s Innocence Project has used modern DNA technology and testing to overturn more than 30 wrongful convictions.

As the Jan. 16 hearing approaches, the law students’ anticipation of the Texas trip is growing — but they will not be the only interested parties in attendance. Their work has gained national attention, and a number of major news organizations, including ABC’s “Nightline,” are expected to attend the hearing.

“Chris has been in prison for a long time for something he didn’t do,” says Tennison. “I have been speaking with his mom on a regular basis and she cannot put into words how she feels about the prospect of her son being home for the first time in 12 years.”