UC Law to host program examining death penalty, wrongful conviction

Since 1989, more than 3,500 people are known to have been exonerated after being wrongly convicted in the United States. Each one of these cases represents a gross miscarriage of justice; they are stories of lives upended by a criminal legal system gone awry. Yet, this number just scratches the surface and does not capture the full breadth of wrongful convictions, which may well number in the tens of thousands.

The program “The Death Penalty Community Forum + CLE”, will explore the realities and legalities of this issue from two perspectives: anatomy of a death row exoneration and the politics of innocence. The event will be held 9:30 a.m.-1:30 p.m., Friday, November 1, 2024, in Room 170 A/B at the College of Law (2925 Campus Green Drive). It will also be available via Zoom.  The event is open to the public.

CLE: 3 hours of CLE credit have been applied for in OH and KY; approval is expected. Registration is requested. The cost is $10 (including a light breakfast and lunch).

This event is co-sponsored by the Ohio Innocence Project and the Jones Center for Race, Gender, and Social Justice.  

Since 1989, more than 3,500 people are known to have been exonerated after being wrongly convicted in the United States. Each one of these cases represents a gross miscarriage of justice; they are stories of lives upended by a criminal legal system gone awry. Yet, this number just scratches the surface and does not capture the full breadth of wrongful convictions, which may well number in the tens of thousands.

This program explores the realities and legalities in two parts: (1) anatomy of a death row exoneration and (2) the politics of innocence.

During the first session, Lamont Hunter, sentenced to the death penalty in Hamilton County for the rape and murder of a child, and his attorney, Erin Gallagher Barnhart, an Assistant Federal Public Defender for the Southern District of Ohio’s Capital Habeas Unit, will discuss his experience and path to freedom. The session will explore the client’s perspective of the criminal legal system with the addition of Attorney Barnhart’s discussion of the investigation her office conducted, the identification of exculpatory evidence not presented by defense counsel on trial, the procedural and substantive arguments she raised in federal habeas litigation, and her work in the state trial court in the aftermath of the federal court’s order granting Mr. Hunter a new trial.

During the second session, Dr. Robert J. Norris, a criminologist and faculty member at George Mason University, will discuss the impact of wrongful convictions on the decision-making of legislators, state executives, and other state and federal policy makers.  His research and analysis are explored in his book The Politics of Innocence. Mr. Norris’ presentation will include data that shows how political ideology influences awareness of wrongful convictions, affects support for policy reform, and can influence state policy adoption.

9:45AM            Welcome and Introduction of Erin Gallagher Barnhart and Lamont Hunter

9:50AM            Anatomy of a Death Row Exoneration

                        Erin Barnhart Gallagher, Asst. Federal Public Defender, Capital Habeas Unit

11:20AM         Break

11:30A            Anatomy of a Death Row Exoneration: A Conversation

                       Erin Barnhart Gallagher, Asst. Federal Public Defender, Capital Habeas Unit

                       Lamont Hunter, Client

12:00PM        First session ends

12:10PM        Introduction of Dr. Robert Norris

12:15P           The Politics of Innocence:  How Wrongful Convictions Shape Policymakers’                               Decision-Making (Lunch)

                       Dr. Robert J. Norris

1:15PM            Adjourn

Erin Gallagher Barnhart, Assistant Federal Public Defender for the Southern District of Ohio’s Capital Habeas Unit. In her work she represents death row inmates in federal habeas, civil rights litigation, and state clemency matters. Prior to joining the Capital Habeas Unit, Barnhart practiced at Jones Day and clerked for the Hon. Judge Jeffrey Sutton on the Sixth Circuit Court of Appeals. She earned her BA in interpersonal communications and graduated first of her class at Ohio University before earning her MA degree in rhetoric also at Ohio University. Barnhart graduated summa cum laude from Notre Dame College of Law, where she was an editor of the law review and earned the Farbaugh Prize for High Scholarship in Law. She is a former longtime board member of Alvis House and has served as an instructor in appellate advocacy at the Moritz College of Law at The Ohio State University.

Lamont Hunter, a person sentenced to the death penalty. Mr. Hunter spent nearly 18 years on Ohio’s death row. He was convicted and sentenced to death in 2007 on charges of child endangerment, aggravated murder, and rape in the death of his 3-year-old son, Trustin, who suffered fatal injuries after accidentally falling down the stairs. During habeas proceedings, defense counsel discovered exonerating evidence, and Hunter was granted a motion for a new trial and vacated his capital convictions. To obtain his freedom, he pleaded guilty to lesser charges of involuntary manslaughter and child endangerment and was sentenced to time served. Since his release in 2023, Mr. Hunter has been rebuilding and reconnecting with his family and community while graciously sharing his story of wrongful incarceration and insight into our criminal legal system.

Dr. Robert Norris, Associate Professor in the Department of Criminology, Law, and Society at George Mason University. He earned his BA in Sociology from UNC-Greensboro and his MA and PhD from the School of Criminal Justice at the University at Albany (SUNY). Dr. Norris has published extensively on issues related to the criminal legal system, including wrongful convictions, state policy, and public opinion. His research has appeared in several top journals and he is the author or co-author of four books: The Politics of Innocence: How Wrongful Convictions Shape Public Opinion (2023), When Justice Fails: Causes and Consequences of Wrongful Convictions (2018/2021), Exonerated: A History of the Innocence Movement (2017/2019) and Examining Wrongful Convictions: Stepping Back, Moving Forward (2014).

Lead photo: istockphoto.com