West Virginia University’s College of Law continues to support the West Virginia Innocence Project (WVIP) clinic, a program that provides law students with hands-on legal experience while working to overturn wrongful convictions in the state.
The WVIP was established in 2012 as part of the College’s clinical law program. Unlike many other innocence organizations, which are not affiliated with academic institutions, the WVIP offers law students direct involvement in real cases. The clinic is funded entirely by private donations and does not receive institutional or government funding.
Melissa Giggenbach, director of the WVIP, said, “Law clinics are a way to shore up our legal system, which is a basic foundation of our democracy, and clinics ensure that people can receive low-cost or pro bono legal services.” She added, “Giving to the WVIP clinic offers a great return on your investment because not only are you directly impacting someone who’s been wrongfully convicted, but you’re also impacting students who are going to go out and become lawyers in your community.”
The clinic serves individuals convicted in West Virginia state or federal courts who have exhausted all appeals and do not have legal representation. Each month, it receives between eight and ten applications from inmates seeking assistance. Staff attorney Devon Unger works with approximately ten third-year law students and several undergraduate interns annually. Students handle both new investigations and ongoing cases but do not manage more than one case in active litigation at a time.
Maggie Lohmann, a 2023 graduate now with the Fitzsimmons Center for Litigation and Advocacy, described her time at the clinic as highly formative: “I have really been blown away by how the clinic taught me in general to be a better attorney,” Lohmann said. “It taught me how to manage a lot of different projects at once and manage expectations. It also helped give me confidence talking to clients, being assertive, sometimes following up with people when they’re not responsive, reaching out about questions I have with different laws and research. Those were all great soft skills I learned that will transfer to my work as an attorney.”
Since its inception, the WVIP has overturned four convictions—two resulting in full exonerations. One such case involved Jason Lively, who was convicted based on outdated fire science for murder and arson in 2005 but was exonerated after serving 14 years when new forensic evidence indicated the fire was accidental.
Giggenbach emphasized that these efforts extend beyond individual clients: “The criminal legal system touches everybody,” she said. “If we don’t have a criminal legal system that is operating effectively and properly, then it’s not working for anybody. Anyone’s family member could be wrongfully convicted at any time. It is essential that we make sure the people who are being put in prison are the actual perpetrators.”
Funding remains an ongoing challenge for WVIP. Costs associated with trial transcripts, travel expenses for client meetings, and expert witness fees quickly accumulate; according to Giggenbach, some transcripts cost over $1,000 while experts may charge $500 per hour or more. She explained that financial constraints often slow down case progress: “It gets really expensive really quickly… Sometimes funding is what slows our cases down the most. I’m constantly trying to decide… Which case are we going to spend it on? Which case is the most deserving?”
Clarence J. Moore—a WVU graduate whose incarceration experience led him toward innocence work—said his participation in WVIP was central to his education: “Just seeing the look on his face, from us showing up and showing that we cared, that touched me,” Moore said of meeting a client at Mount Olive Correctional Complex. He now works as senior law clerk for Los Angeles County Public Defender’s Office but hopes to return to West Virginia as an attorney focused on child abuse cases and court-appointed defense.
Moore concluded by highlighting challenges faced by those seeking exoneration: “If you have someone who is actually innocent, there is no price you can put on freedom,” he said.
