Summit County Conviction Integrity Unit Presentation to the Summit County Council May 5, 2021 Margaret Olson, Summit County Attorney A program established by the County Attorney to conduct extrajudicial, fact-based reviews of What is a criminal convictions and sentences. Conviction Utah Code § 78B-9-502(3) An innovative, progressive, important criminal Integrity justice tool. Unit? Responsible for exonerations of the factually innocent and vacation of wrongful convictions. Why? The Summit County Attorney’s Office pursues Justice in each case that it reviews and prosecutes. There is no greater injustice than a person being wrongfully convicted of a crime. It is a prosecutor’s duty to protect the innocent before, during, and after a trial. The System is Not Perfect ”Plausible allegations of factual innocence” Utah Code § 78B-9-401.5 Definitions.
(1) "Bona fide and compelling issue of factual innocence" means that the newly discovered material evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner.
(2) "Factual innocence" or "factually innocent" means a person did not: (a) engage in the conduct for which the person was convicted; (b) engage in conduct relating to any lesser included offenses of the crime for which the person was convicted; or (c) commit any other felony arising out of or reasonably connected to the facts supporting the indictment or information upon which the person was convicted. ”Newly discovered material evidence” Utah Code § 78B-9-401.5 Definitions.
(3) "Newly discovered material evidence" means evidence that was not available to the petitioner at trial or during the resolution on the merits by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence. Integrity and Confidence
Information discovered or received by the prosecution agency after trial, judgment of conviction, or sentencing that:
(i) if disclosed to the convicted person prior to trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or
(ii) significantly calls into question the legitimacy of the jury verdict, judgment of conviction, or sentence. Under what legal authority?
Utah Code § 78B-9-501 et seq.
In 2020, the Utah Legislature passed the “Conviction Integrity Units Act” Effective May 12, 2020
Discretionary, not mandatory
Summit County is the third county to use the new law How does it work? ☑ Apply online or email complete application to [email protected] ☑ Initial Application Review by Unit Chair ☑ Secondary Application Review ☑ Conviction Integrity Panel Review (investigation, interviews, testing of evidence) ☑ Report to County Attorney ☑ County Attorney Review ☑ Motion to Court Who? WHERE?
SUMMITCOUNTY.ORG/ATTORNEY CONVICTION INTEGRITY UNIT TAB [email protected] Questions? [email protected] / 435 336 3209