WHITMORE LAKE, Mich. – Last Friday, the family of Terance Calhoun was shocked, confused and saddened when they learned the hearing to exonerate him had been delayed.
Calhoun was wrongfully convicted of first-degree criminal sexual conduct, kidnapping and felony firearms possession from two criminal sexual conduct cases in Detroit in October of 2006.
WMU-Cooley Law School Innocence Project said both victims gave statements and descriptions to police that did not match Calhoun. Police claimed their composite sketches matched Calhoun.
DNA testing was facilitated by the State Appellate Defender’s office. Calhoun has served 15 years in prison for crimes he did not commit. DNA evidence as indicated the crimes were committed by another man and that man is facing charges.
“DNA from a condom found at the scene of the crime excluded Calhoun, and implicated a male contributor who is currently under investigation. The DNA testing results, along with other new evidence in the case, established that Calhoun did not commit the crime”
WMU-Cooley Law School Innocence Project
On April 22, the hearing to formally exonerate Calhoun was upended by a Detroit police officer who showed up and asked the judge to look at evidence before dismissing the case.
The judge, Kelly Ramsey, said she knows the officer. They worked on the Innocence Lost Task Force together for years. She said the officer tried giving her a binder before being told to leave.
The case was back in court on Wednesday (April 27). His family finally got their chance to celebrate the end of Calhoun’s 15 years behind bars.
Calhoun’s mother came up from Tennessee with several other family members to welcome her son with a warm embrace and said, “It finally happened, I knew he was innocent from the start.”
Marvin Cotton Jr, who was exonerated in October 2020 and is part of Organization of Exonerees was also waiting outside the prison to show his support. Cotton says the delay makes Calhoun’s release even more emotional.
“The very thing that delayed this process is the same thing that cause wrongful convictions to begin with,” Cotton said. “Although it may be just one week, to us, one week to an innocent person but (for someone who is wrongfully convicted) it is an eternity, it’s a lifetime.”
The delay and the reason behind it was addressed multiples times in court Wednesday.
Michael Mittlestat, of the state’s appellate defender office sat by Calhoun throughout the hearing.
“It was unfortunate what went on last week. As I said in court, the best way to describe it as it was an act of vigilantism, more than so than something you’d expect from a public servant,” Mittlestat said.
“A series of fortunate events and a lot of very hard work by quite a few people led to my decision to exonerate Mr. Calhoun. The decision in this case was the culmination of years of long work on this and unrelated cases. We will leave no stone unturned to get to justice for defendants like Mr. Calhoun.
“I want to stress that the Calhoun case was never a Sexual Assault Kit Task Force case. However, important Sexual Assault Kit Task Force protocols for reviewing criminal sexual conduct cases, implemented after the SAKs were discovered in 2009 allowed the CIU to consult with them to evaluate significant evidence in Mr. Calhoun’s case. This evidence disproved that he committed the two crimes.
“We are currently prosecuting the defendant who is alleged to be the perpetrator of criminal sexual conduct crimes. Because the cases are in progress, we are ethically prohibited from releasing further information at this time.”
Wayne County Prosecutor Kym Worthy
Read: Exoneration hearing to be held Wednesday for Terance Calhoun
More about the WMU-Cooley Law School Innocence Project
In 2018, the Wayne County Prosecutor’s Office and the WMU-Cooley Innocence Project received a $451,238 Bloodsworth grant from the Department of Justice. The grant is to screen claims of innocence and conduct DNA testing of evidence.
“WMU-Cooley’s Innocence Project has 20 years of experience in post-conviction DNA testing,” stated Project Director Tracey Brame. “Our knowledge of DNA testing, and the legal arguments that accompany DNA exclusions and undermine wrongful convictions, allows us to be a resource to innocent prisoners and their lawyers. We are honored to assist in freeing Mr. Calhoun.”
The project was established in 2001 and focuses on obtaining post-conviction DNA testing. It also provides legal assistance to persons who are imprisoned for crimes they did not commit.
The WMU-Cooley Innocence Project is the only post-conviction DNA innocence organization in Michigan. The office has screened more than 5,800 cases and is responsible for the exoneration of seven men: Kenneth Wyniemko (2003), Nathaniel Hatchett (2008), Gilbert Poole (2021), George Dejesus (2022) and Wayne County residents Donya Davis (2014), LeDura Watkins (2017), and Kenneth Nixon (2021) .
Read: Release of exonerated man delayed after Detroit cop claims to have new evidence in court