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Michael Semanchik

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Michael “Mike” Semanchik

is Managing Attorney at the California Innocence Project (CIP).[1] As part of his work with CIP, he has been involved in many cases involving the exoneration of previously-convicted prisoners, working closely with the organization’s director, Justin Brooks, and also preparing petitions for many of CIP’s clients.[1][2] After working at CIP while still a law student at California Western School of Law, after graduation in 2010 he became an investigator and then a staff attorney there.[1][3]

He was involved in the high-profile case of star linebacker Brian Banks, and was instrumental in Banks’ exoneration in 2012 from a wrongful 2002 conviction as a sex offender, which had destroyed Banks’ promising career as a high-school athlete.[4][5][6] As a result of his work on this case, the (now defunct) California Lawyer Magazine named Semanchik Attorney of the Year in 2013.[7]

In the Spring of 2013, Semanchik and two other CIP attorneys walked over 700 miles from San Diego to Sacramento in an event called The Innocence March, a public protest against the incarceration of twelve California inmates they considered innocent, which also served to bring awareness to the problem of wrongly convicted prisoners.[4][8][9][10][11][12][13][14][15] They also presented twelve petitions to California Governor Jerry Brown, demanding clemency for the twelve.[9]

Semanchik has spoken at a number of conferences relating to investigations and his Innocence Project work.[1] He has appeared in the media relating to this work over three dozen times. He has also authored essays relating to the criminal justice system, advocating for reform.[16][17][18] In 2014, the San Diego Daily Transcript recognized Semanchik in its list of "Top Attorneys."[19]

In 2008, while still attending CWSL, he joined CIP as a clinic student, through which he investigated claims of innocence under staff supervision. Following his year as a clinic student, Semanchik assisted director Justin Brooks in drafting the first Wrongful Conviction Casebook. In 2010, Semanchik graduated cum laude from California Western School of Law.[1][3][5]

CIP work

Responsibilities

As Managing Attorney of the California Innocence Project, Semanchik’s responsibilities include drafting, filing and litigating habeas petitions and motions for DNA testing in California State courts.[1] He also supervises and oversees law students in the clinical program.[1] He has interviewed and hired as many as 60 interns a year. He also manages CIP’s social media presence and website, and produces film and videos for promotional materials. He coordinates with news agencies around the world to maximize CIP’s media exposure. He locates, around the U.S., witnesses for cases, and interviews potential clients in prisons all over California.

Prominent cases

Brian Banks

In a case for which Semanchik had begun working while still in law school, the 2002 conviction of All Star linebacker Brian Banks on false charges of rape and kidnapping was dismissed in 2012, directly due to the efforts of the California Innocence Project. Following his initial arrest for the alleged crimes, Banks, despite his protestations of innocence, faced a possible conviction, if the case had gone to trial, of 41-years-to-life, and reluctantly agreed to a plea bargain. He was then given an unexpectedly harsh sentence of five years in prison, followed by five years’ probation and registration as a sex offender.[6]

After his release on probation, he arranged for a meeting with his accuser, Wanetta Gibson (who had contacted him through Facebook), at which she admitted on video, with an attorney present, that there had been no rape or kidnapping in 2002, and that their encounter had been completely consensual. The video evidence was not admissible in court, because the video had been made without Gibson's knowledge or consent and was not accompanied by a signed confession from the young woman. However, Semanchik was instrumental in putting together additional evidence supporting Banks’ story, which led the district attorney to dismiss all charges against him and release him from sex-offender status, allowing him to resume his aborted sports career.[5][6][20]

Banks supports CIP in its efforts on behalf of the wrongly-convicted, including participating in CIP’s 2013 Innocence March (see below).[4] His California license plate reads “XONR8” (“exonerate”), and he often wears a shirt with the same lettering.[4][20] Semanchik, as a result of his work on this case, was named by California Lawyer Magazine as Attorney of the Year in 2013.[7]

Guy Miles

Semanchik helped defend Guy Miles, who was wrongly convicted of robbery. Semanchik explained in a television interview why the eyewitness identifications in this case were unreliable, and why standards regarding such testimony must be strengthened. “The detective [in the case] took six-pack lineups… and he put more than one suspect in the six-pack, which is an absolute no-no… he also put various sizes of people in the same six-pack, various hair styles… the five fillers [non-suspects] are supposed to look somewhat similar to what the suspect looks like,” but in this case, they did not.[21]

However, despite the fact that Miles had numerous witnesses to provide an alibi for his whereabouts at the time of the crime, and the fact that the two men indisputably guilty of the robbery confessed that Miles had had absolutely nothing to do with the crime, the judge in the case refused to exonerate Miles, maintaining that the eyewitness identifications were strong and rejecting the argument of Innocence Project attorneys that they were not.[21][22] Miles was finally freed in June 2017 after 18 years in prison, following a second hearing that reversed his earlier conviction.[22]

Kimberly Long

Kim Long was convicted of murdering her boyfriend in 2003, and her case was received by the California Innocence Project in 2009. After many years of extensive investigation, research and forensic testing, the CIP became certain of Kim’s innocence. The case was assigned to CIP attorney Alissa Bjerkhoel, reporting to managing attorney Semanchik.[2] The prosecution’s case hinged on the testimony of a single witness, a friend of Long’s, who had claimed that, on the night of the murder, he had dropped Long off at the apartment that she and the victim shared, at a time which the prosecution claimed would have allowed Long a window of opportunity sufficient to have committed the crime – and concealed her involvement – before calling 911 to report the death. (Since the witness himself had died in an unrelated accident shortly after providing his testimony, he could not be cross-examined.)[23]

However, the CIP provided forensic proof that the victim had been killed prior to the witness’ alleged drop-off time for Long (that is, before the earliest possible time of her return to the apartment), and that, even if the victim had actually been killed after that point in time, Long would not have had enough time to murder her boyfriend and hide evidence of that fact from police. DNA from an unknown male was also recovered at the crime scene. The evidence of her innocence was so compelling that the very same judge who heard the original case reversed the conviction in June 2016.[2][23]

William Richards

William Richards was convicted in 1993 for murdering his wife Pamela and served 23 years in prison. Part of the reason he was convicted of the murder was because an expert testified that an apparent bite mark on the victim’s body was made by Richards. The expert later recanted his testimony. In addition, testing revealed that the DNA on the murder weapons and the hairs under the victim’s fingernails belonged to neither Richards nor the victim.[24]

When he was released, Richards, 67, was broke, homeless, without a job and suffering from prostate cancer. His attorney, Wendy Koen, gave him a place to stay at her home. Semanchik and CIP have since tried to obtain compensation from the state for the decades he spent wrongly incarcerated.[25]

Reggie Cole

In 1994, Reggie Cole was convicted of the shooting of Felipe Angeles after being misidentified by an eyewitness, a local brothel owner. The police allege that the killer was shot in the leg upon leaving the scene and, after finding a gunshot wound in Cole’s leg, concluded that he was the perpetrator. However, despite the fact that medical records were produced that proved Cole had actually received his leg wound six years prior, he was convicted.[26]

In 2010, due to the efforts of the Innocence Project, Cole’s conviction was thrown out due to ineffective assistance of counsel, and five years later he was found “factually innocent.”[5][26]

The Innocence March

From April to June 2013, Semanchik, CIP director Justin Brooks and attorney Alissa Bjerkhoel, along with many Canlifornia Innocence Project exonerees and supporters, participated in an event they called The Innocence March. Determined to gain clemency from Governor Jerry Brown for twelve convicted prisoners whom they deemed to be "100 percent innocent" (including Guy Miles, Kim Long and William Richards, who were, at the time, still incarcerated), as well as to gain public awareness of the plight of wrongfully convicted prisoners, they walked a 700-mile route from the CIP’s offices in San Diego to the Capitol at Sacramento to formally present their petition on behalf of the twelve to the governor.[9]

Semanchik said at the time, in a television interview, "I think it’s important to have this walk because we need to raise awareness about wrongful convictions. I think there’s a lot of people out there that … think the criminal justice system is doing its job and doing a great job, and that’s just not the case. And so in addition to trying to secure the release of these twelve people, we’re also trying to get the word out that criminal justice could use some reform."[11] The trio of lawyers trained extensively for weeks prior to this march.[14][27] The marchers usually began each day’s trek at about 5:30 am and covered about 20 miles by the end of each day, often in inclement weather and sometimes walking along railroad tracks and even through forests.[9]

Guy Miles’ 80-year-old uncle marched twelve miles of the route with the group despite a leg injury. Semanchik said, "To see the kind of support that his family still has for him, that makes you want to walk 10,000 miles – whatever it takes."[9] The team of attorneys met Miles himself at San Quentin prison during their journey.[28] Adam Riojas, a CIP client freed after 14 years in prison, accompanied the marchers from San Diego to Oceanside, where he is now the pastor of a local chapel.[10] Brian Banks joined the march at Malibu to lend his support so that other wrongfully-convicted prisoners could be released.[4]

The march reached its destination in fifty-one days, four days earlier than the original 55-day schedule.[5][11] In December of the same year, the Innocence Project recreated the final (Sacramento) leg of the original march, from Raley Field to the governor’s office at the Capitol.[5] Although Gov. Brown did not grant clemency to any of the twelve, the march resulted in extensive press coverage. The Innocence March was selected by San Diego Magazine as one of the "27 Reasons to Love SD [San Diego] Now."[29] Four of the twelve prisoners named in the petition (including Miles, Long and Richards) have subsequently been freed through CIP’s efforts.[2]

Semanchik has often given print and broadcast interviews to make the case for criminal justice reform. For example, in a television interview, he criticized an existing law which states that a person accused of a crime must assert his or her innocence immediately, and cannot be exonerated if he or she does so only later on. Semanchik indicated that he has lobbied lawmakers to repeal this “timeliness” rule.[21]

One of his ongoing causes is to obtain adequate compensation for long-term prisoners who have since been found legally innocent and freed from prison. Responding to a question about the case of William Richards (see above), a man who spent 23 years behind bars for a murder he didn’t commit, Semanchik spoke on behalf of him and all his freed clients when he said, "The compensation process has been nothing but a nightmare for us and for our clients."[25]

In a 2015 radio interview relating to the use by police of familial DNA to track down and identify a sexual predator of young children in California, Semanchik suggested that there were serious potential privacy issues in using familial DNA in law enforcement. While conceding that the outcome of the particular case described was a positive one (that is, the predator was apprehended), Semanchik said, "We have to do a balancing act, where we have to say, 'keep law enforcement in check, do not allow them to get further down the road and expand upon their use of this.' And that’s always going to be an issue, any time you have any kind of technology and ability for law enforcement to pry into… individuals' lives."[30]

In an article about flaws in the science of DNA testing, an incident was described in which CIP asked a large private lab to test evidence that they believed could exonerate a man convicted of murder. After that lab reported that the DNA test was inconclusive, they took the same data to another analyst, who said that the DNA evidence proved the convict was innocent. Semanchik claimed that he had no hesitation about asking more than one analyst to examine the same data, but was troubled by the implications. "How can two labs get entirely different answers from the same DNA tests?" he was quoted as saying.[31]

The CIP has supported efforts to modify or repeal California’s so-called Three Strikes Law.[32] In 2012, California referendum Proposition (Prop) 36 – which modified the law so that minor felony crimes (such as drug possession) wouldn’t count as the third “strike” if a two-time felon gets convicted for the third time – passed by an overwhelming majority of voters. In November 2012, a CIP client, Kenneth Corley, became the first person, after he petitioned the court, to be released under the new law, after 16 years in prison.[33] Semanchik said, "It just didn’t make sense for him to be serving any more time… I was really confident that Kenny was going to make it [after being released from prison]." His confidence stemmed in part from Corley’s exemplary record as a prisoner.[33]

Semanchik supported the 2015 decision of the Los Angeles District Attorney’s office to set up a team of veteran prosecutors to review the cases of incarcerated persons who present new evidence that they were wrongfully convicted. "The DA has a duty to re-examine these cases," Semanchik said. "We always hoped they would. Hopefully, this will give [the Innocence Project] a greater opportunity to make our cases to them."[34]

Semanchik has stated in a video interview that one of his toughest personal challenges as a member of the California Innocence Project occurs when, following a review of the case of a person he believes was wrongfully convicted, he is forced to close that case because he knows that the evidence of innocence would not be considered sufficient by a judge to reverse the incarcerated person’s conviction.[2]

Honors, presentations and publications

Semanchik was one of 60 lawyers honored by California Lawyer magazine as one of its 2013 Attorneys of the Year.[7] In 2014, he was chosen as one of San Diego’s Top Attorneys, Criminal Division, by the San Diego Daily Transcript.[19]

He has made public presentations about the wrongfully convicted and the Innocence March at, among many other venues, the USC School of Social Work, the SDSU School of Public Affairs, the UCSD Community Law Project, Point Loma Nazarene University, the Greater Inland Empire Municipal Law Association and the Defense Investigators Association Conference.

In an opinion piece published on the California Innocence Project website (representing his own views, rather than those of the organization), Semanchik argued strongly for prison reform, beginning with correcting America’s “insane sentencing laws,” and establishing "adequate (and relevant) job training, actual jobs upon release, and reentry programs to help inmates stay out."[16]

In another opinion piece on the CIP website, he noted that, though politicians often claim to be "tough on crime," he believed that the criminal justice system would be improved if politicians and officials were "smart on crime" instead, because of the increasing costs of incarceration and the fact that "we don’t have unlimited resources." In the article, he mentioned 16 CIP clients whom he believes are factually innocent, including some who remained incarcerated despite having their convictions overturned by a judge. "If these inmates were to be released, it would save the state $720,000, annually," Semanchik claimed.[17]

In a 2015 article in Riverside Lawyer magazine, Semanchik maintained that the legal evidentiary standard in California to reverse convictions was too high. He argued that that standard should be brought into line with those in other states, which have ruled that it is only necessary to prove that new evidence would probably have resulted in a different verdict if introduced at time of trial. [18]

Personal life

Semanchik is a Pittsburgh native. After graduating from North Allegheny High School in 2003, he received a Bachelor of Science in Business Administration (BSBA) degree from the A.J. Palumbo School of Business at Duquesne University in 2007, with a focus on economics and finance.[3][35]

He currently lives in San Diego with his wife and son.

References

Citations

  1. ^ a b c d e f g "Our Staff". California Innocence Project. Retrieved 7 October 2017.
  2. ^ a b c d e "Alissa Bjerkhoel '08 and managing attorney Mike Semanchik '10 discussing Kim Long". YouTube.com. Clip hot mỗi ngày. Retrieved 7 October 2017.
  3. ^ a b c "Michael Semanchik, Staff Attorney". Faculty and Staff Directory. California Western School of Law. Retrieved 7 October 2017.
  4. ^ a b c d e Cocca, Christina (11 May 2013). "Brian Banks and His Mother Join "Innocence March" to Protest Wrongful Convictions". NBC-4 Los Angeles. NBC. Retrieved 7 October 2017.
  5. ^ a b c d e f Koehler, Francie (12 December 2013). "Exonerating the Innocent". PI’s Declassified. VoiceAmerica. Retrieved 7 October 2017.
  6. ^ a b c "Brian Banks". California Innocence Project. California Innocence Project. Retrieved 7 October 2017.
  7. ^ a b c "alumni updates" (PDF). Duquesne University Magazine [pdf] (Spring 2013): 40. Retrieved 7 October 2017.
  8. ^ "Route and Stops". Innocence March. California Innocence Project. Retrieved 7 October 2017.
  9. ^ a b c d e Golden, Cory (18 June 2013). "Attorneys trek 700 miles to press Brown for clemency". The Davis Enterprise. McNaughton Newspapers, Inc. Retrieved 7 October 2017.
  10. ^ a b Figueroa, Teri (30 April 2013). "'Innocence March' headed from SD to Sacramento". The San Diego Union-Tribune. Retrieved 7 October 2017.
  11. ^ a b c Cabrera, Marissa (25 April 2013). "San Diego's Innocence Project To Embark On 600-Mile Journey". KPBS. Retrieved 7 October 2017.
  12. ^ Sherwin, Doug (16 April 2013). "California Innocence Project's Innocence March to begin April 27". The Daily Transcript. Retrieved 7 October 2017.
  13. ^ "CIP Attorneys Talk to San Diego's KPBS about Upcoming Innocence March". California Innocence Project. Retrieved 7 October 2017.
  14. ^ a b Semanchik, Mike. "I'm Walking 600 Miles for the Innocent – Innocence March Update". California Innocence Project. Retrieved 7 October 2017.
  15. ^ Gormlie, Frank (2 May 2013). "Ocean Beach Lawyer Leads Innocence Project March to Sacramento". OB Rag. Retrieved 7 October 2017.
  16. ^ a b Semanchik, Michael. "The U.S. Prison System – Why We Need Reform". California Innocence Project. Retrieved 7 October 2017.
  17. ^ a b Semanchik, Michael. "Being Smart on Crime". California Innocence Project. Retrieved 7 October 2017.
  18. ^ a b Semanchik, Michael (February 2015). "California's New Evidence Standard Needs a Makeover" (PDF). Riverside Lawyer Magazine. 65 (2): 15. Retrieved 7 October 2017.
  19. ^ a b "San Diego County Top Attorneys: Top Attorney 2014: Finalist". San Diego Source. San Diego Daily Transcript. Retrieved 7 October 2017.
  20. ^ a b Myers, Gary (26 January 2015). "Brian Banks spent five years in prison after being falsely accused of rape, but now he finally has a career in NFL". New York Daily News. Retrieved 8 October 2017.
  21. ^ a b c Bolaños, Luis A. "Wrongfully Convicted ...Mr. Guy Miles - The California 12". YouTube. Retrieved 8 October 2017.
  22. ^ a b "Update: Guy Miles freed after more than 18 years in prison". California Innocence Project. Retrieved 8 October 2017.
  23. ^ a b "Kimberly Long's Conviction Reversed!". California Innocence Project. Retrieved 8 October 2017.
  24. ^ "Update: William Richards Released on June 21, 2016!". California Innocence Project. Retrieved 8 October 2017.
  25. ^ a b "Man Freed After 23 Years For A Murder He Didn't Commit Tells His Story". KCAL9. CBS Los Angeles. Retrieved 8 October 2017.
  26. ^ a b "Reggie Cole Found Factually Innocent (press release)". California Innocence Project. Retrieved 8 October 2017.
  27. ^ icdastud (5 April 2013). "Ignacio Ayana". Innocence March. California Innocence Project. Retrieved 7 October 2017.
  28. ^ Schilling, Sally. "Innocence Project Urges Governor to Grant Clemency For 12 Prisoners". KPFA 94.1-FM Berkeley. Retrieved 8 October 2017.
  29. ^ Chambers, Erin; Meanley, Erin (29 January 2013). "27 Reasons to Love SD Now". San Diego Magazine. Retrieved 8 October 2017.
  30. ^ "Family DNA Used To Track Down Suspect In 'North County Creeper' Case". KPBS Midday Edition. KPBS.org. 23 February 2015. Retrieved 12 October 2017.
  31. ^ Worth, Katie. "The Surprisingly Imperfect Science of DNA Testing". Frontline (PBS). The Marshall Project/Fusion. Retrieved 12 October 2017.
  32. ^ "What is a Three Strikes Law". California Innocence Project. Retrieved 12 October 2017.
  33. ^ a b "First Calif. inmate released under Prop. 36 says voters have given him strength". ABC 10 News. YouTube.com. 18 April 2013. Retrieved 12 October 2017.
  34. ^ Melley, Brian (29 June 2015). "Los Angeles prosecutor sets up unit to investigate innocence claims by prisoners". Orange County Register (The OCR). Retrieved 12 October 2017.
  35. ^ "Michael Semanchik". LinkedIn.com. Retrieved 12 October 2017.
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