CLEVELAND — For the past 15 years, Kenny Phillips and Michael Sutton have been fighting to prove their innocence.
They were entitled to a retrial because of the new evidence that was developed, thanks to new DNA technology.
"One of the problems that we have in the criminal justice system is that the system doesn't like to go back and look at cases that it considers over," said Michael Benza, senior instructor of law at Case Western Reserve University School of Law. "And so once you've been found guilty, it is really difficult to get the prosecution, the courts, anybody else who has the power to decide to relook at the case, to actually take a fresh look."
He mentioned that the system isn't built to help defendants who might have been innocent or review cases for any legal errors.
Phillips's and Sutton's cases were taken by the Ohio Innocence Project and were released last year.
A Cuyahoga County jury found Sutton and Phillips not guilty Tuesday in connection with the shooting incident from 2006, on charges including attempted murder.
Last year, an appellate court reversed the men's convictions, citing newly discovered evidence. A re-trial was ordered, according to representatives for the men's attorneys. Sutton and Phillips spent the last 15 years in prison and have been free on bond since May of 2021.
The Cuyahoga County Prosecutor's Office released this statement on their decision to re-try the two men:
"Regarding the Phillips and Sutton case, the State decided to move forward with a new trial because there were two innocent victims shot in the head that miraculously survived and they deserved their day in court. There was evidence in this case that the State was duty-bound to present to a jury, and we respect the jury's decision. We respectfully decline to comment further."
Phillips and Sutton will now have to go through a legal process claim for compensation and a court will have to decide how much they should get.
"Ohio does have provisions in our law for people who have been wrongfully convicted to obtain monetary awards to cover their loss," Benza said.
RELATED: 2 men released after nearly 15 years behind bars after new trial set
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