An Innocent Man on Ohio's Death Row

Statement from Attorneys for Kevin Keith in Response to Governor Strickland's Commutation

"We applaud Governor Strickland for commuting Kevin Keith's sentence and agree with the Governor that there are 'real and unanswered questions surrounding the murders for which Mr. Keith was convicted' and that 'the absence of a full investigation of other credible suspects [is] troubling.' The Governor’s ultimate responsibility is to ensure that no human being is executed in Ohio absent absolute certainty, and Governor Strickland has recognized that questions remain regarding whether Kevin Keith is, in fact, guilty. This means our work is unfinished. Mr. Keith remains incarcerated for a crime he did not commit, and that crime remains unsolved. The same compelling reasons that support Governor Strickland's actions today warrant a new, fair trial for Mr. Keith, including the existence of newly discovered evidence, the revelation of evidence withheld by the State, and the development of new science behind eyewitness identification, all of which point to Mr. Keith's innocence.

Procedural hurdles in our court system have thus far prevented a full review of the facts, but at least one federal appellate judge has noted that 'it is deplorable that this Court has failed and refused in this case to consider and properly address Petitioner's legal arguments in a manner indicating that the Court recognizes that 'death is special.'' The commutation to a life sentence does not lessen the need for justice to prevail. We will continue our fight to obtain the relief Mr. Keith deserves, and we are grateful for the continuing support of an overwhelming number of Ohio citizens from diverse backgrounds that continue to support our position."

Rachel Troutman, Assistant State Public Defender
Andrew King, Assistant State Public Defender
Tyson Fleming, Assistant State Public Defender
John Q. Lewis, Partner, Jones Day
David Mills, The Mills Law Office LLC

September 2, 2010

Kevin Keith is an innocent man on Ohio’s death row, wrongfully convicted of a crime he did not commit based on faulty eyewitness identification – the leading cause of wrongful convictions nationwide. He has an alibi for the time of the crime supported by four witnesses. There is no forensic evidence that conclusively links him to the crime. Mr. Keith is scheduled to be executed on September 15, 2010.

In 2007, after all of his allotted appeals were exhausted, new counsel took on Mr. Keith’s case. Upon investigating, counsel discovered new evidence for Mr. Keith that supported what Mr. Keith was saying from day one – he is actually innocent.   More information about the case can be found here:

• Clemency Information and Materials

• Application for Executive Clemency for Kevin Keith

Prominent supporters from around the country have filed supporting briefs and urged review in Mr. Keith's case, including the National Innocence Network, an affiliation of over 50 innocence projects and legal organizations around the country, the Ohio Innocence Project, an organization that typically only works on non-death penalty cases involving DNA evidence, and a group of leading eyewitness and memory experts.

New evidence discovered by counsel for Mr. Keith discredits the eyewitness identification used to convict Mr. Keith. New evidence also identifies an alternative suspect who made a before-the-fact admission that he planned to commit the crime for which Mr. Keith stands to be executed.

No court has ever had before it the entirety of evidence of innocence in Mr. Keith's case.

• Statement in Response to Parole Board Recommendation against Clemency

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