Law students who regularly work to exonerate people who have spent decades in prison are turning their efforts to a much smaller case: the theft of 12 beers from a suburban Detroit restaurant.
The Innocence Clinic at the University of Michigan Law School is asking a judge to throw out the misdemeanour conviction of Richard Leach, who served 90 days in jail in 2019. The clinic says it has obtained a confession from the real perpetrator.
The Oakland County Prosecutor’s Office, which reviewed the new evidence, also believes the conviction should be expunged from Leach’s record. But the case was handled by an attorney for the village of Lake Orion, not the county.
“We feel it is inappropriate and irresponsible to discuss our cases in the press,” village prosecutor Tracy Gaudenzi told The Detroit News. “We believe the courtroom is the best venue.”
In a court filing, the Innocence Clinic said Leach was convicted largely on the testimony of a police officer who said he recognised him on surveillance video taking two packs of beer from a restaurant cooler in 2018.
Leach, 54, believes the police misidentified him because of a hat.
The clinic said another man with a criminal record signed an affidavit admitting to stealing the beer.
“We know that wrongful convictions happen a lot in felony cases, and I think they happen even more often in misdemeanour cases,” said David Moran, co-director of the clinic.