Kathryn Querner ‘22
Executive Editor
On Monday, October 5, UVA Law Innocence Project client Rojai Fentress came to speak at the Law School. With the clinical assistance of the Innocence Project, which investigated for years his claim to innocence, Fentress was released from prison just this past summer on a conditional pardon by Governor Northam. He had been incarcerated for twenty-four years.
Pictured: The Innocence Project investigates and litigates wrongful convictions of inmates throughout the Commonwealth of Virginia. Photo Courtesy of law.virginia.edu
To investigate Fentress’ claim of innocence, students of both of UVA Law’s Innocence Project clinics—the academic for-credit clinic and the Student Pro Bono Clinic (VIPS)—worked in conjunction under the guidance of Clinical Directors Deirdre Enright ’92 and Jennifer Givens, as well as VIPS Staff Attorney Juliet Hatchett ’15.
The event was coordinated by Anne Bigler ’21, the lead for VIPS fundraising and outreach, who commented, “I think Rojai’s case was just a perfect example of how incredibly challenging it is to get innocent people out of prison. He was convicted in forty-five minutes and it took twenty-four years to get him out. It was obviously a huge win for Rojai, who is picking up a life he left at sixteen now at forty-years-old. He had just moved into his first apartment and got his driver’s license the day of the event. He is doing so well and is truly radiating joy. He is so grateful for every moment and never lost hope. He’s extraordinary and a one of a kind person.”
She added, “I was really glad so many of the people who followed his story, signed his petition, and donated to his fund got to hear from him directly.”
Many challenges lie ahead of Fentress on his journey to pursuing innocence; for one, Fentress’ conditional pardon does not replace the Court’s original verdict. Accordingly, the Innocence Project continues work with Fentress to pursue his complete exoneration. Rachel Martin ’23, who attended the event, observed, “One of the things that made a big impression on me was how happy Rojai seemed. Despite the incredible injustice that was done to him and the difficulties that lay ahead, he had a joyful smile and a light in his eyes that I think most of us would be hard-pressed to match.”
Pictured: Rojai Fentress celebrates his freedom due to the work of the Innocence Project. Photo Courtesy of cvilletomorrow.org
Another attendee of the event, Josh Short ’21, said, “Rojai had been wrongly convicted and imprisoned for twenty-four years, yet he harbored no ill will toward the prosecutors, witnesses, etc. He is basically a poster child for forgiveness. Also, with all the doom and gloom in the world, he is a ray of sunshine. There was a pretty special moment when he was describing his new apartment and he said something to the effect of: ‘Here I am, a man, loving life and everything it has to offer.’”
Taylor Fatherree ’22 volunteered with VIPS this past school year (2019-20), and her team worked on Fentress’ case. Alongside her team, Fatherree investigated Fentress’ claim with the goal of overturning Fentress’ conviction on the basis of evidence strongly suggesting his innocence. Through her work with the clinic, Fatherree said that she was exposed to “the many problems in the criminal justice system, one being the difference in the amount of evidence required for a given case—specifically those involving people who are more vulnerable and have less access to resources—to get a conviction, which does not always seem to rise to the necessary level.”
In an effort to learn more about the organization that has taken on and represented Fentress in his efforts to prove his innocence, I reached out specifically to VIPS—one of the two Innocence Project clinics that investigated Fentress’ case.
Pictured: Professor Deirdre Enright who supervises the Innocence Porhect, celebrates with Rojai. Photo Courtesy of law.virginia.edu
The Student Pro Bono Clinic, more commonly referred to as VIPS (Virginia Innocence Project Student Group), enlists student volunteers to investigate claims by individuals who assert that they have been wrongfully incarcerated. The clinic is open to law students of all years, unlike the academic clinic which is not available for 1Ls, and it is especially relevant to students seeking to work on cases or are interested in criminal justice reform.
Students are grouped into teams; each team is assigned to investigate specific cases in Virginia. Generally, the Innocence Project takes on cases from incarcerated individuals whose convictions are final and who have exhausted their appeals. The clinic is a volunteer clinic, meaning that the hours worked by the clinic members count toward any pro bono requirement, including the graduation requirement and PILA grants.
Full-time Staff Attorney Juliet Hatchett ’15 oversees VIPS, facilitating student involvement and case management. Hatchett volunteered with VIPS when she was a student, and since then, the clinic’s organization and engagement have evolved. Before coming back to the Law School to serve in this position, Hatchett practiced white-collar criminal defense work in New York. She noted that the Innocence Project at UVA Law had a big impact on her decision to enter the criminal law field.
The clinic got its start when students who volunteered with the academic Innocence Project clinic as 2Ls wanted a way to continue working on Innocence Project cases; thus, VIPS provides these students with the opportunity to work on cases and further develop their criminal justice experience for an additional year. The unique partnership between VIPS and the academic clinic, Hatchett shared, allows students to discover their passion for innocence project work through the academic clinic then gives them the opportunity to develop that passion by taking on a leadership role as a team leader at VIPS the following year.
Due to COVID-19, the pro bono clinic has shifted from in-person to Zoom. It has also begun to focus more on cases involving DNA routes to exoneration, as these cases tend to involve less in-person investigation and thus pose less risk of exposure to COVID-19 for students and those the teams might want to interview. DNA cases tend to have more of an emphasis on filing motions as a route to proving innocence.
The clinic offers applications for student volunteers at the beginning of each school year. And, for anyone who is interested, the clinic is considering offering a winter pro bono opportunity, through which student volunteers would assist the clinic in looking through potential cases to take on. Students hoping to learn more about VIPS and/or the winter pro bono opportunity can reach out to Hatchett (jhatchett@law.virginia.edu).
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kmq8vf@virginia.edu