The California Attorney General’s Post Conviction Justice Unit (PCJU) has finally started reviewing claims of factual innocence, more than two years after they made a promise to do so.
The unit will review claims of factual innocence prosecuted by the Department of Justice (DOJ), and in certain cases, other prosecution agencies in California, according to the AG’s website. They will also look at cases in which defendants “who demonstrate that they no longer pose an unreasonable risk to public safety,” seek resentencing.
This comes four months after L.A. TACO first reported that the PCJU had not begun accepting applications from defendants who say they were wrongfully convicted, nearly two years after Attorney General Rob Bonta made headlines for launching the DOJ’s first-ever post-conviction review unit.
The story is part of an ongoing series centered on conviction review units and the people and organizations fighting to free innocent people from incarceration.
About a month after our story was published, in January, the AG’s office posted a new job listing for a deputy attorney general position within the unit. A private investigator who monitored weekly emails from the AG’s office told L.A. TACO that it was the first time in two years that they had seen a job listing associated with the PCJU advertised.
Until now, the DOJ had not fully outlined who is eligible to apply for conviction review, and they were not accepting applications.
On a newly launched PCJU webpage, the DOJ says they will investigate cases where there is “credible evidence” available or in instances when evidence showing that someone is innocent can “reasonably” be obtained.
The DOJ will only review cases that were prosecuted by the California DOJ or a district attorney’s office that is unable to review a case “due to a conflict of interest, limited resources, or other factors.” And only defendants prosecuted by a deputy attorney general who meet all of the DOJ’s minimum requirements can apply for resentencing through the PCJU.
“California Attorney General Rob Bonta first announced the formation of a statewide Post-Conviction Justice Unit (PCJU) more than two years ago,” said Tony Reid, a private investigator who has been trying to present a case to the DOJ for years. “The innocence network has been pressing hard for this program, and the colleagues I’ve spoken with today all agree that this could finally be a significant step toward addressing injustice.”
But Reid also expressed skepticism.
“Now that we can see the actual guidelines, there are some significant concerns,’ Reid said. “When the unit was initially described, AG Bonta stated that one of the main purposes was going to allow integrity reviews ‘where local authorities do not operate a conviction integrity unit.’”
Reid represents a client who was prosecuted in Placer County, a small Northern California county with a district attorney’s office that does not have a conviction review unit.
“The reality here is that there was a big shift from that objective,’ Reid continued. “The application form itself makes this painfully clear—unless CalDOJ was the prosecutor, ‘you are not eligible at this time.’ That makes the program much less significant, because, as the site says: ‘Most cases are prosecuted by county prosecutors or deputy district attorneys.’”
Reid says the only bright spot is in the fine print.
On their website the DOJ says that “Under certain circumstances, PCJU may also review applications for convictions obtained by county prosecutors within the state.”
“That leaves everyone with a lot of questions, and not many answers,” Reid said. “What exactly are those extraordinary circumstances? How and when will this unit be expanded?”
“The painful reality is that most wrongful convictions happen because of some form of official misconduct,” Reid added. “That includes law enforcement officers, prosecutors, criminalists, or all of the above.”
Reid highlighted that the rules of professional conduct that guide prosecutors clearly states that any prosecutor who is made aware of new and credible evidence of actual innocence, must open an investigation.
“That includes the AG,” he said. “This is exactly when and why the state must step in. As it stands, the system we have is in charge of policing itself. What we actually need is meaningful and independent oversight, and we clearly need a better answer than the one that was announced today.”
You can find applications for resentencing and conviction review on the DOJ’s website.
