Conviction Integrity Unit

In 2014, the Cuyahoga County Prosecutor’s Office established the Conviction Integrity Unit (CIU) to investigate claims of wrongful conviction. All prosecutors want those truly guilty of a crime to be held accountable. Our prosecutors work ethically to make sure there are no innocent persons wrongfully convicted. While the trial and appellate processes contain important safeguards for those accused of a crime, we recognize that the criminal justice system is a human institution and, therefore, is not perfect.

The mission of the Conviction Integrity Unit is to review legitimate claims of actual innocence or other compelling claims that warrant review, based on compelling evidence that such review is necessary in the pursuit of truth and justice.

Requirements for Consideration by CIU

For the Conviction Integrity Unit to conduct a preliminary review of a conviction, applicants claiming innocence or a compelling claim must meet the following prerequisites:

• The conviction must have been in Cuyahoga County Common Pleas Court
• The applicant must currently be a living person presenting his or her claim of innocence or an otherwise compelling claim
• There must be a claim of actual innocence or otherwise compelling claim and not solely a legal issue (previously raised and/or could have been raised at trial or during the appellate process)
• New and credible evidence of innocence must exist
• The claim must not be frivolous
• The applicant must sign a written “waiver” of certain procedural safeguards and privileges, agree to cooperate with the CIU, and agree to provide full disclosure regarding

Review Process

Review requests must be submitted in writing to the Conviction Integrity Unit, including the applicant’s name, case number, and evidence of actual innocence or evidence of an otherwise compelling claim.

If the review process determines that someone has been wrongfully convicted, the Cuyahoga County Prosecutor’s Office will file a motion or petition the Court to vacate the conviction on its own or join with the applicant’s legal representative to have the conviction vacated. The Cuyahoga County Common Pleas Court will decide the merits of the applicant’s claim(s).

Note: If the applicant is represented by legal counsel, all communication with the Conviction Integrity Unit must be through the applicant’s counsel.

Application and Other Resources

To submit a claim that you have been wrongfully convicted of a felony, complete the Conviction Integrity Unit Application form (“Exhibit A”) and the Limited Waiver and Agreement form (“Exhibit B”). Please note that your signature on “Exhibit B” must be notarized. Send both forms and all relevant documents to:

Cuyahoga County Prosecutor’s Office
ATTENTION: Conviction Integrity Unit
1200 Ontario Street, 9th Floor
Cleveland, OH 44113

Conviction Integrity Unit Application (Exhibit A)

Limited Waiver and Agreement (Exhibit B)

For more information on the Conviction Integrity Unit, contact us at 216.443.7800

Crime Strategies Unit (CSU)

In 2015, the CCPO formed the CSU to coordinate efforts with multiple police departments, other law enforcement agencies, and community stakeholders to implement strategies for decreasing violent crime and to be a central repository of information collection and dissemination to law enforcement agencies county-wide.

“Gun violence has been vexing this county and crippling the safety of residents and visitors of our community.” – Prosecutor Michael C. O’Malley

The unit is comprised of five assistant prosecuting attorneys, five crime analysts, one investigator, and one paralegal. The CSU reviews violent offenses (homicides, robberies, shootings) and weapons violations for patterns/connections between incidents and prepares materials for distribution to law enforcement agencies.

The Cuyahoga County Crime Gun Intelligence Center (CGIC)

Due to an increase in violent crime, the CGIC was established in 2018 with the goal of utilizing intelligence, technology, and community engagement to investigate criminal firearm use, criminal firearm sources, and effectively prosecute individuals engaged in violent crime. The CGIC is comprised of members from the CCPO, the Cleveland Division of Police (CDP), the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Attorney’s Office for the Northern District of Ohio, the Adult Parole Authority, and the Cuyahoga County Medical Examiner’s Office (CCMEO).
The CGIC utilizes the National Integrated Ballistic Information Network (NIBIN) to capture and compare ballistic evidence to aid in solving and preventing multi-jurisdictional violent crimes involving firearms. As a result, the CGIC Analysis Center is housed and coordinated at the CCPO.

Enhancing Operations

As a result of the center, the amount of CGIC prosecutions have doubled in the past year. The fund from the grant awarded by the USDOJ will be utilized to enhance the CGIC through the following:

• Implement an investigator for the CCPO’s CSU focused on criminal firearm investigations and to act as a liaison between county-wide law enforcement agencies
• Increase funding for the CCMEO to amplify firearm and ballistic processing
• Implement an Investigative Research Specialist for the CDP’s Real-Time Crime Center to assist with firearm investigations

The Local Law Enforcement Crime Gun Intelligence Center Integration Initiative Grant was awarded in partnership with the CCMEO and the CDP. Along with the CCPO, the CCMEO and the CDP are sub-recipients of the grant.

CGIC Initiative

The CGIC initiative supports interagency collaboration and their efforts to prevent violent crime by identifying individuals, linking criminal activities, and identifying sources of criminal firearms to identify shooters, disrupt criminal activity, and prevent future violence.

The primary objectives of the CGIC initiative include the identification of armed violent offenders, the prosecution of armed violent offenders, the identification of criminal firearms sources, providing law enforcement agencies with the most accurate crime data available, and increasing public safety through the prevention of violent crime committed with firearms.

Economic Crimes & Public Corruption Unit

In 1999, the Economic Crimes and Public Corruption Unit was created to prosecute what is commonly referred to as “white-collar crime.” These are cases involving persons in positions of trust or licensed professionals who commit crimes such as fraud, theft, forgery, and records tampering. This Unit has recouped over $43 million in restitution for crime victims and recovered over $1.8 million in fines.

The Economic Crimes and Public Corruption Unit is made up of experienced attorneys in complex litigation of financial crimes and public corruption and relies on long-standing partnerships with local, state, and federal authorities to successfully convict defendants whose crimes extend beyond a city or county’s geographic borders.

General Felony Unit

This unit handles most felony indictments returned by a grand jury. Assistant prosecutors work hand-in-hand with police across the county to prepare and litigate felony cases in the Common Pleas Court.

The General Felony unit is organized regionally, with Cuyahoga County broken into five regions each including a Cleveland District and a cluster of suburban communities. General Felony prosecutors are assigned to a region and are assigned only to cases originating in that region. This enables prosecutors to form meaningful relationships with the law enforcement in their region as well as with community leaders. It also helps prosecutors track crime trends and patterns in their regions and identify the specific needs of each community. The types of cases in this unit include robbery, arson, burglary, assault, thefts, sex offenses, and drug crimes.

The Office has expanded its Community-Based prosecution model from the City of Cleveland’s 5 Police Districts and East Cleveland to the entire county. The county has been divided into 5 Regions, each accounting for 20% of the total felony cases.

The Community-Based approach to prosecuting crimes throughout Cuyahoga County creates and maintains relationships between the Cuyahoga County Prosecutor’s Office and law enforcement agencies as well as victims of crime and concerned citizens. Under the Community-Based model, all Assistant Prosecuting Attorneys (APA) from all Criminal Division Units are assigned to a specific Region and as such are assigned their cases from communities or cities within that region.

Grand Jury Unit

The Grand Jury Unit reviews cases and reports submitted by local, state, and federal law enforcement investigators alleging felony criminal activity.

Cases that include sufficient evidence to move forward in the prosecution process, are then presented to a Cuyahoga County grand jury.

A grand jury is made up of 14 people selected from the public. The foreman for each grand jury is appointed by a judge from the Common Pleas Court. Each grand jury serves for four months and meets twice a week.

The grand jury prosecutor then determines the appropriate witnesses and documents to present to the chosen grand jury, while advising them on issues of:

• Law
• Admissibility
• Weight of evidence
• Proper procedure

After the prosecutor presents all evidence, the grand jury decides if there is:

• Probable cause to believe that a crime has been committed
• Reasonable belief as to the identity of the person who committed the crime

If the grand jury determines that there is probable cause to indict the defendant on the requested charges, they will issue a “true bill.”

• A true bill is the grand jury’s notation that a criminal charge SHOULD go before a jury for trial

If the grand jury determines that there is not probable cause or that there is not a reasonable belief as to the identity of the person who committed the crime, they will issue a “no bill.”

• A no bill is the grand jury’s notation that a criminal charge SHOULD NOT go before a jury for trial

The cases that are true billed receive indictments prepared by the grand jury prosecutor that are then signed by the grand jury foreman and Prosecutor O’Malley.

These indictments become public once filed in the Cuyahoga County Clerk of Courts, thus beginning a formal criminal proceeding.

Our unit represents our office in the arraignment room, Cleveland Municipal Court —bind-over proceedings, and Drug Court.

• Arraignment room
  • When defendants are informed of the charges against them and are given a bond amount
    • The prosecutor may object to said bond amount recommendations when the amount seems inappropriate for the charges in the indictment
    • The grand jury prosecutor also requests a no-contact order with victim(s) as a condition of bond when appropriate
  • Cleveland Municipal Court — bind-over proceedings
    • When probable cause hearings are conducted
      • These determine if criminal cases initiated in the City of Cleveland should be sent to the grand jury
      • In select cases, the defendant will be referred to Drug Court for treatment
    • Drug Court
      • This cooperative program between the City of Cleveland and Cuyahoga County provides education and treatment for non-violent drug offenders
        • This program is for individuals either:
          • Charged with (non-trafficking) felony drug offenses of the third, fourth or fifth degree
          • Any non-violent felony theft-related offense of the third, fourth or fifth degree where the offender is determined to be a drug-dependent person or at risk of becoming a drug-dependent person

Major Drug Offender Unit

The Major Drug Offender Unit is comprised of assistant prosecuting attorneys that target criminals trafficking large amounts of illegal drugs. Our prosecutors handle the largest and most complicated cases, whereas General Felony Unit prosecutors prosecute the remaining cases under the direct supervision of our unit supervisor. Following indictment, our unit handles these cases through all stages of the criminal justice process.

Our Office also has a strong focus upon prosecuting those low level defendants who would not usually be prosecuted in federal court. This is in an attempt to spotlight their problem and encourage treatment.

When identifying major drug cases, the Unit considers:

• Gun involvement
• Children involvement
• Drug type
• Size of cash seizure
• Association with organized crime
• Criminal history
• Community input and complaints
• Police requests

Homicide Unit

The Homicide Unit, operating as a part of the Major Trial Unit, consists of over a dozen seasoned assistant prosecutors who litigate all homicide cases in Cuyahoga County, including death penalty cases, murder, negligent homicide, involuntary and voluntary manslaughter, and aggravated vehicular homicide.

Prosecutor O’Malley, the Cleveland Division of Police, and the United States Attorney’s Office assembled the Cleveland Homicide Review Commission in 2018. The Cleveland Homicide Review Commission, which also includes the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Ohio Department of Rehabilitation and Correction, the Drug Enforcement Administration, Cleveland Metropolitan Housing Authority Police, and the Cuyahoga County Medical Examiner’s Office all meet regularly to review suspected homicides throughout Cuyahoga County.

Major Trial Unit, Special Victims Section

The Assistant Prosecuting Attorneys assigned to this unit handle cases involving some of our community’s most vulnerable people.  The unit prosecutes cases involving crimes against children, including physical abuse resulting in serious physical harm and all types of sexual assaults.  The prosecutors work hand in hand with the dedicated workers of Cuyahoga County Department of Children and Family Services, Canopy Child Advocacy Center, law enforcement officers, victim advocates, and mental health professionals throughout the county to provide support and resources to the young victims and their families.  The Special Victims prosecutors seek to hold the perpetrators of these heinous crimes accountable for their actions while creating an environment that recognizes the trauma sustained by the victims during the commission of the crimes as well as the trauma caused by reliving the abuse during the prosecution process.

The unit also prosecutes sexual assaults against adult victims with the same trauma-informed focus to ensure that the victims of sexual abuse are respected during this process and their abusers are held accountable for their crimes.

The unit also handles cases of abuse against elderly victims and cases of patient abuse involving harm caused by the persons entrusted to care for these individuals.

The prosecutors assigned to the Special Victims Section are dedicated to the victims they advocate for as they seek to bring to justice those who prey upon others.

Victim-Witness Unit

The Victim Witness Unit supports all other Criminal Division Units with dedicated advocates who assist victims of crime and their families while a criminal case is litigated. Our advocates are licensed social workers who provide emotional and other support, including referrals to agencies for counseling and other services, and assistance in navigating the criminal justice system by answering any questions you may have.

Resources for Crime Victims:

Advocates provide resources and assistance to victims, witnesses, and their families throughout the prosecution process.

• Counseling, medical, and other social services
• Help prepare victim impact statements
• Attendance at court hearings
• Services for children, disabled, and elderly victims
• Crime victim compensation claims
• Travel and lodging for out-of-town witnesses
• Support throughout court proceedings

Internet Crimes Against Children Task Force

The Ohio Internet Crimes Against Children (ICAC) Task Force is a federal anti-crime initiative funded by the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention. It is a collaboration of city, county, state and federal law enforcement agencies across Ohio whose mission is to identify, arrest, and prosecute individuals who engage in the online exploitation of children.

The Task Force, chaired by Cuyahoga County Prosecutor Michael O’Malley, is comprised of more than 350 affiliate agencies statewide with at least one affiliate agency in each of Ohio’s 88 counties. Affiliate agencies include police departments, county sheriff offices, county prosecutor offices, and other state and federal law enforcement agencies.

Members of the Task Force protect Ohio’s children by conducting proactive and reactive investigations that target online predators.

Members of the Task Force also provide free Internet safety presentations to parents and children and regularly participate in community outreach events.

With new electronic devices, social networking sites, online games, and mobile apps being introduced on a seemingly daily basis, children, more than ever, are vulnerable to being victimized by online predators who have unfettered access to them 24 hours a day, 7 days a week. Members of the Task Force seek to educate parents and children on the potential dangers associated with online activity.

Outreach Presentations:

As a component of the Ohio ICAC Task Force, the Cuyahoga County Prosecutor’s Office currently conducts NO COST outreach presentations to local schools and community organizations. These presentations are conducted by members of the ICAC Task Force and contain important information on how children can stay safe while they utilize the Internet. To request a speaker, please fill out the form below.

Follow the Ohio ICAC Task Force:

Real Estate & Tax Foreclosure

The Tax Foreclosure Unit of the Cuyahoga County Prosecutor’s Office provides legal representation for the County Treasurer, County Fiscal Officer, and the Sheriff’s Office on issues relating to judicial sales. Assistant prosecuting attorneys in Tax Foreclosure Unit also handle all legal proceedings relative to the collection of delinquent real property taxes, personal property taxes and manufactured home taxes. The Tax Foreclosure Unit further represents various county officials’ interests in collection proceedings in bankruptcy court, third party foreclosure actions as well as probate land sale actions, appropriation proceedings, and determination of heirs’ actions. Our mission is two-fold: collect unpaid property taxes to support the taxing districts, including local school districts, and combat blighted and abandoned properties by foreclosing to support surrounding properties and get the real estate back to tax-producing use.

Child Support Unit

The Child Support Unit (CSU) is statutory legal counsel for the Cuyahoga County Office of Child Support Services (OCSS). In addition to providing legal advice and support to the OCSS regarding its administrative responsibilities, assistant prosecutors represent the agency’s best interests in paternity and child support proceedings filed in both the Juvenile and Domestic Relations Courts.

Assistant prosecutors represent the OCSS in Juvenile Court in paternity and support establishment and support enforcement actions involving children born to unmarried parents.  Enforcement matters include civil contempt actions filed against obligors for failing to pay support and “purge review” hearings in which obligors may face jail time for continued noncompliance.

The Domestic Relations Court cases handled by the Unit primarily involve the enforcement of child support orders between divorced parents. The Unit also handles interstate establishment of paternity and support orders and enforcement of existing out-of-state orders on behalf of custodial parents who live outside Ohio.

In addition to participating in Juvenile and Domestic Relations Court actions, child support unit prosecutors may assist in the collection of past due support by filing claims in federal bankruptcy actions, intervening in local foreclosure actions, and negotiating with private counsel to maximize funds applied to child support from personal injury settlement liens.