Sometimes, our cases are featured in the news. Sometimes, they lead to exonerations.
But our measure for success goes far beyond the headlines or that iconic moment when a client steps into freedom. There is so much more to our work at the New England Innocence Project (NEIP), so many significant and life-changing victories that don't make it into the public eye, like the legal actions we take to support people harmed by the criminal legal system so they can truly thrive.
In 1987, at age 20, our client, John Doe (a pseudonym), entered an Alford Plea to charges of alleged sexual assault. An Alford Plea is a legal mechanism “allowing” someone to accept a plea that results in a conviction while still maintaining their innocence. Mr. Doe, like many others who have been wrongfully charged but face the trauma of long-term incarceration, chose this path to avoid the risks of a trial in a system he had good reason not to trust, and to move on with his life, even though he has always denied participating in the assault.
After Mr. Doe entered an Alford Plea, he was given a “suspended” sentence, and although he avoided the risk of incarceration by not going to trial, he continued to experience the devastating consequences of his wrongful conviction. First, it was extremely difficult for Mr. Doe to secure housing because, due to his Alford Plea, he was required to register as a sex offender, and prospective landlords could view his criminal record. He also struggled with job prospects, as the same information was available to potential employers. He then reached out to the New England Innocence Project for help.
NEIP accepted Mr. Doe’s case for investigation in 2019. While initial witness interviews and document collection efforts led to helpful new information supporting his innocence, it was not enough to meet the high legal burden required to overturn Mr. Doe’s conviction. Unfortunately, this is something we often face with older cases, where physical evidence no longer exists, and witnesses have passed away or do not want to get involved. While people are entitled to the presumption of innocence before a conviction, they are not entitled to it after a conviction, and attempting an unsuccessful litigation in this case might have led to even more public consequences for Mr. Doe.
Even though we could not pursue a full exoneration, our advocacy for Mr. Doe did not end. In 2023, we helped Mr. Doe successfully petition to be removed from the Sex Offender Registry. Building on that momentum, we partnered with a pro bono law firm to petition for the record of his convictions to be sealed, so it would no longer be accessible to the public, and in February, a Suffolk County Superior Court judge officially granted the request. Today, 39 years after his conviction, Mr. Doe can finally move forward with his life knowing that his wrongful conviction will not hold him back from living or working where he chooses.
We want our community members to flourish. Sometimes, that means fighting for an exoneration and freeing someone from prison. In this case, it was something different, something quiet. But it made all the difference.
“Since that day the court decided to seal my record, I’m still in awe that this day has finally come,” John Doe wrote in a letter to his NEIP attorney, Laura Carey. “The words here cannot begin to express my gratitude towards all that you've done. I'm free to explore other opportunities without hesitation or being fearful. What a great feeling! It has been an honor to meet such a person as yourself. You made a difference in my life for the better, and I'm sure many others as well. Please convey my deepest gratitude to all who contributed to this successful outcome. Continue to fight for the innocent who have been wrongly accused.”