“I would always ask God, ‘Why?’ I lost faith in the system and the American government because they lost faith in me,” said convicted Texas native Christopher Ochoa, who was later found to be innocent, at “Innocence and the Death Penalty,” a symposium that took place Monday at the Orpheum.
The symposium, which focused on the fairness and legitimacy of the death penalty, featured several distinguished speakers on the matter, including former Illinois governor George Ryan, who commuted the death sentences of 167 people on death row in Illinois during his tenure.
The Wisconsin Innocence Project of the Frank J. Remington Center at the University of Wisconsin Law School and the Criminal Law Section of the State Bar of Wisconsin sponsored the event.
“It’s a complex matter, so we hope that it will raise an awareness in the community, especially among leaders …The prospect of executing an innocent person is intolerable,” said Keith Findley, clinical associate professor of law and co-director of the Wisconsin Innocence Program.
Marshall, whom Findley described as a “true leader and inspiration” who “attached a human face to the death penalty,” said the nation is in the midst of an innocence revolution, one in which “we are learning now that we have a much more fundamental question to ask.”
Marshall said that although the few cases in which wrongfully accused people have been freed are “miracles,” they are only a small sampling of the large number of such cases.
“What we’re seeing is far from the system working,” he said.
In addition, Marshall described the use of DNA samples in the criminal system as a somewhat risky endeavor.
“DNA is not the panacea that can give us confidence in the system,” he said.
Ochoa expanded on Marshall’s thoughts in a personal perspective, sharing with the audience his experience with the criminal system.
Ochoa claims that he was forced to confess to the murder and was told that all communication with his family would be cut off and that he would be thrown into jail as “fresh meat” for the other inmates if he failed to admit to the crime.
Ochoa spent 12 years in prison, even though another person confessed to the crime four years before and DNA evidence did not implicate Ochoa. UW law-school students helped get Ochoa exonerated.
“My life was shattered for awhile in trying to put it back together. I still have ongoing nightmares of prison,” Ochoa said. “I have anxiety attacks. When I see police officers, especially detectives, I feel skittish; I feel the chills.”
A portion of each speaker’s lecture focused on his or her strong support for Wisconsin, which has abstained from employing the death penalty for longer than any other state in the nation. In addition, it is one of only 12 states, plus the District of Columbia, that no longer enforces it. However, support for the death penalty has been surfacing throughout the state recently.
Marshall agreed that support for the death penalty has moved increasingly into the Wisconsin spotlight.
“All of the citizens of Wisconsin are leaders. Don’t go backwards; think very seriously about what can happen,” Ochoa said.
“I refuse to be one of those students who takes a stance on an issue without being educated on this issue. I just think it is important for students to know the issues that are going on in the government, rather than just the end product, ” UW senior David Brunow said.
