Imagine that you’ve been in prison for decades for a crime you didn’t commit. You’ve maintained your innocence, but most people don’t believe you, including family and friends. You’ve been appealing your conviction since losing your freedom, but every attempt has ended in failure.

Although your case seems to be getting stronger, the prosecution is not giving up. New evidence supports your innocence, and your lawyers believe you will eventually win—but they are not the ones suffering behind bars. The process drags on as you wait to hear about a new trial. Even if the court grants it, there are no guarantees you will go free. Hope is slipping away.

Then, suddenly, the prosecution approaches your lawyers with a deal. They will let you go free, but there’s a catch: you must admit that you’re guilty. You didn’t do it, and the thought makes you sick—but this could be your only chance to go home. Would you take the “Dark Plea”?

In this episode, host Michael Semanchik sits down with Michael Donnelly, Associate Justice of the Ohio Supreme Court, and Joanna Sanchez, Director of the Wrongful Conviction Project at the Ohio Public Defender’s Office. Together, they discuss the origin of Dark Pleas, how they are used, and their impact on the criminal justice system.

Special thanks to our sponsor, Clio — Cloud-Based Legal Technology.

Written by:
Laurence Colletti