By Steve Thorpe
Legal News
Donya Davis, 36, was recently released after spending nearly seven years in prison in the rape of a Detroit woman.
He was granted a new trial based on DNA test results. Professor Marla Mitchell-Cichon is co-director of the Thomas M. Cooley Innocence Project in Lansing, which secured the release of Davis.
She also has experience in criminal and poverty law. Her litigation experience includes practicing before the U.S. Court of Appeals for the Sixth Circuit, the Ohio Supreme Court, and trial courts in both Ohio and Michigan. Mitchelll-Cichon recently spoke with Steve Thorpe of the Legal News about the case
Thorpe: Tell us about the original case.
Mitchell-Cichon: This case is the stranger rape of a Detroit woman. Mr. Davis’s family lived in the neighborhood where the rape occurred and his name was given to police by a neighborhood resident. The Detroit Crime Lab conducted DNA testing of skins cells collected from victim’s thighs prior to Davis’s trial and that testing excluded Davis. Davis’s first trial was a mistrial. His second trial was a bench trial before Judge Leonard Townsend. The only direct evidence against Davis was the victim’s identification of Davis. Davis was found guilty and sentenced to 22 years in prison.
Thorpe: When and how did the Innocence Project step in?
Mitchell-Cichon: Mr. Davis wrote the Project shortly after his conviction in 2006. At the time, Michigan’s DNA testing law, MCL 770.16, did not allow for DNA testing in post-2001 cases. In 2009, that law was amended and the Project began to review Davis’ case.
Thorpe: Despite an earlier criminal record, to say that Mr. Davis has been a model prisoner is putting mildly. How has he spent his time behind bars?
Mitchell-Cichon: Mr. Davis earned his GED. He completed a small business program and a Commercial Driver’s License course. Mr. Davis also earned credits toward a paralegal degree. He completed a personal trainer program. Most recently he attended Culinary Arts school. Mr. Davis completed all the courses, but missed his final exam when he was transferred to the Wayne County Jail for the June 20 hearing. He is taking the final exam by mail. He plans to continue his culinary arts studies.
Thorpe: Michigan’s post-conviction DNA testing law is set to expire in 2016. What effect will that have on cases like this?
Mitchell-Cichon: MCL 770.16 is Michigan’s only post-conviction DNA testing law. Innocent Michigan prisoners may not have an avenue to obtain the DNA testing needed to prove innocence when the law expires.The incorrect assumption is that Michigan criminal defendants have access to DNA testing at the time of trial. However, our Project has reviewed convictions as recent a 2009 where material biological evidence was not tested prior to trial. MCL 770.16 has been set to expired twice and I plan to continue to advocate for the extension of MCL 770.16 beyond the 2016 sunset.
Thorpe: Eyewitness identification seems to be the biggest factor in his original conviction. How often is that proved wrong by DNA?
Mitchell-Cichon: Eyewitness misidentification is the leading cause of wrongful conviction in rape cases. According to the Exoneration Registry: “The Innocence Project reports that eyewitness misidentification plays a role “in nearly 75 percent of convictions overturned through DNA testing.” That is true and has not changed. The overwhelming majority of DNA exonerations are sexual assault cases, and for sexual assault cases the proportion of Registry exonerations with Mistaken Witness IDs is also 75 percent.” Exoneration News https://www.law.umich.edu/special/exoneration/Pages/about.aspx.
Thorpe: In a statement, the Wayne County prosecutor’s office said, “It is important to recognize that at this juncture the agreement for a new trial does not mean that Mr. Davis has been exonerated of the charges.” What’s the current status of the case and what are the next steps?
Mitchell-Cichon: Mr. Davis is free on bond. However, the original criminal charges are pending against Mr. Davis and a pretrial is scheduled for August 1. We believe the DNA testing obtained by the Cooley Innocence Project conclusively proves Mr. Davis’s innocence. The testing of male DNA identified on both of the victim’s thighs points to another man, not Davis.
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