Before the attorney even mentioned the new evidence, Stone looked up and said, “I hope they don’t think these two are the same individual.”
have banned the practice without good cause, with the latter state’s Supreme Court declaring, “If this procedure is not suggestive, thenDuring her testimony at Culbertson’s bindover hearing, the victim acknowledged her initial uncertainty about her assailants’ races, according to the hearing transcript. But “after I thought about it and reflected for days it seemed that they were African-American,” she testified.
Eyewitness assuredness has also been shown to sway juries, making such cases difficult to win for defendants. “The jurors are so taken away by witnesses’ confidence they don’t really consider other factors,” said Christina Francois, the assistant legal director for Centurion, a New Jersey-based legal nonprofit focused on wrongful convictions.
Culbertson testified on his own behalf, insisting that he was shopping with his girlfriend when the crime occurred. He said he never held a gun before.In 2021, Brian Howe, an attorney with the Ohio Innocence Project at the University of Cincinnati College of Law, got a call from Culbertson’s appellate lawyer, who’d been unsuccessful after several rounds of appeals in the years since the teenager’s conviction. He wondered if Howe’s team could take a fresh look at the case.
Prior to trial, Culbertson provided a Facebook photo of Stinson to his lawyer, George Wilgus, who relayed it to prosecutors. But Wilgus never called Stinson to the stand, nor did he show the photo to the victim or submit it into evidence, Howe learned.Howe peered over the photo of Stinson, who resembled the young man in the hoodie. Working with two students, he scoured the internet and found another Stinson photo, a mugshot, that made the resemblance more striking.
Stinson and Woody, both 22, were each doing time for unrelated crimes: Stinson was on a short sentence for felonious assault, while Woody was serving more than a dozen years for rape and aggravated robbery.Before drafting his motion, however, Howe decided to share the new evidence with Stone, the new Stark County prosecuting attorney. In addition to the courtesy, perhaps the young prosecutor might see things his way.His fears were unfounded.
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