1. Introduction a. Definition of wrongful convictions b.

gee For my research, I had the opportunity to interview Troy Ketchmore and his mother, Pertina Ketchmore to understand their point of view of things. I got to hear Troy Ketchmores perspective of the crime which gave me something to analyze in terms of identity. I also got to see how others view Ketchmore, including family, friends, media, the law, and other prisoners. Interviewing his mother, Pertina Ketchmore, I gained an understanding of how individuals close to Troy view him. I interviewed both participants for 45 minutes to an hour. I prepared a separate list of questions for each individual. In addition to interviews, I read over two news articles that were presented by the Daily Press Newspaper to the community around the time of Troy Ketchmores conviction. These news articles were the basis to my understanding of how the media identified Troy Ketchmore. This gave me a way to see how the outside was looking in on the situation. I analyzed the type of language that was used in the articles to gain an understanding of the meaning and message they were trying to convey to society specifically about Troy Ketchmore, I read three law books that focused on wrongful convictions as well, and one law encyclopedia. While reading each book I took notes on what information was going to be helpful in my analysis. Reading these books helped me to understand the law perspective of Troy Ketchmores case a little more. I learned general information that I needed to know about wrongful convictions, how they happen and affect people. I read about other cases where people were wrongfully convicted of a crime and this gave me something to compare to Troy Ketchmores case when analyzing. I explored Troy Ketchmores nature, affinity, discourse, and institutional identity and I used James Paul Gees, Identity as an analytical lens for Research in

Education, to do so. I used Gees writing to go back and analyze the different identities of Troy Ketchmore. Based on an Interview conducted with Troy Ketchmore, at the age 21 he was the owner of a local clothing store in Newport News, Virginia. After growing up with little financial resources, things were finally up and coming and falling into place. Troy had never been in any serious legal trouble before, but he was about to find him in a situation that would change his life forever. On March 8th 1995, Troy Ketchmore took a visit to his ex-girlfriends, Yolanda, home, to give their one-year old son a bracelet. Troy was accompanied by two others, his best friend Derrick Johnson, and acquaintance Damian Carter. Yolandas current boyfriend, Anthony Davis, was in the driveway outside of the home working on his car at the time that Troy arrived. Troy and Anthony have had previous issues caused by what Troy believes is Jealousy. Troy believes that Anthony is jealous of him because Troy and Yolanda have a son together. Troy advised Derrick and Damian to stay in the car as he went inside the home to present his sons gift. As Troy walked towards the home, Anthony discontinued working on his car and followed Troy into the house. Troy told Anthony that he didnt want any trouble; he just came by to see his son. Troy hands over the bracelets and says his goodbyes to everyone. As Troy turns around to leave the home, Anthony begins to follow him outside the home. Anthony tells Troy not to come over to Yolanda anymore. Troy then informs Anthony that he didnt come to see Yolanda at all; in fact Troy had another girlfriend, and just wanted to give a gift to his son. Things begin to escalate and they begin to argue in the front yard. Anthony reaches in his car to grab a weapon, in self-defense Troy grabs his weapon as well and hits Anthony in the head with his .40 caliber pistol. As Troy hit Anthony with the gun, it fired, and Troy fell to the ground. At that moment Anthony began to fire at Troy. Derrick and Damian, who were still waiting in the car, began to

fire at Anthony to protect Troy. Troy got up and ran to the drivers side of his car to duck for cover. In the midst of all the commotion, Damian Carter, who was sitting in the passengers seat, accidently shot Troys best friend, Derrick Johnson, who sat in the back seat. Moments later, Troy and Damian were racing Derrick to the hospital in an attempt to save his life. Derrick died in the hospital and Troy was arrested for his murder. Troy was sentenced to 43 years in prison for first degree murder. According to the Encyclopedia of Murder and Violent Crimes by Eric W. Hickey, First degree murder is defined as a murder that was carried out by an individual that premeditated, brutally murdered, or committed a felony crime as well. Felony murders are considered first degree murders. Felony murders can be defined as murders accompanied with burglary, sexual assault, kidnapping, and other felony crimes. First degree can also be defined as a murder that is especially heinous. Along with premeditation, the murdered tortures the victim before killing them. Someone who brutally beats the victim right before murdering them may be charged with first degree murder. In contrast, an individual charged with killing a victim with one gunshot to the head, without premeditation, should not be charged with first degree murder. Although Troy Ketchmore should not be charged with the murder of Derrick Carter at all, based on the evidence, according to the findings in the Encyclopedia of Murder and Violent Crimes, if Troy Ketchmore was in fact the shooter that killed Derrick Carter, being charged with first degree murder is not proportionate to the crime. Troy Ketchmore did premeditate or plan to kill anyone on March 8th, 1995. No one tortured the victim; the victim was not sexually assaulted, robbed, or kidnapped.

People who are convicted of first degree murder are often found dealing with the most severe punishments in prison. In some states, death may even be an option when dealing with first degree convictions. At that moment, Troy would find himself fighting for his freedom, constantly defending his true identity, and coping with the undeserved identities placed on him after being wrongly convicted of a crime. Most wrongful convictions happen because of faulty eyewitness identifications, false confessions, biased juries, withheld evidence (when law fails), false testimonies from informants, misconduct by law enforcement and prosecutors, and incompetent lawyers. (Innocence project). Once a person is arrested based on probable cause, law enforcers, prosecutors, and the jury tend to presume that the individual is likely to be guilty (innocent). In America, everyone is supposed to be innocent until proven guilty. _________ Key witnesses are very important in many cases. However key witness testimonies must be examined carefully before they can be used as evidence. Some eyewitnesses actually commit perjury. These eyewitnesses can also be called informants at times. Informants are individuals who testify and may lie in court to receive incentives that are usually not disclosed to the jury. Some informants are paid to testify. If an informant has committed a crime, they may testify against someone else as desperate measures to receive a sentence reduction or to personally avoid incarceration. In about 15% of wrongful conviction cases that were overturned, in informant has testified against the defendant, as a key witness. The jury is usually unaware of the incentives that the informant will receive for testifying (innocence project). The jury should be notified about the incentives an informant is receiving to prevent false testimonies from being viewed as key evidence in a case.

Prior, to Troys trial, Damian agreed to be Troys co-defendant. Damian was going to help explain to the jury and judge how Derricks death could not have been directly caused by Troy because at the time he was shot, Troy had been on the ground, outside of the car, ducking from shots being fired by Anthony. With the help of a lawyer they were going to explain that Derrick was not shot on purpose, and by someone other than Troy Ketchmore. _____ 2. How do wrongful convictions happen a. False testimonies i. Damian Carters Testimony In some cases law enforcers and prosecutors may fail to turn over exculpatory evidence that is important in a case (innocence project) Withheld evidence ii. Evidence from Troy Ketchmores Case b. New technology i. Forensics 1. Evidence from Troy Ketchmores case When a defense lawyer doesnt do his or her job correctly, the defendant has to deal with the consequences. Having little financial resources will lead to a defendant depending on an incompetent lawyer to present them in court. Some lawyers may not prepare properly for the case by doing all of the investigation needed prior to the trial. An ineffective lawyer may fail to bring up key evidence during a trail or consult with experts on forensic issues prior to a trial (innocence project). The ineffective assistance of counsel at the time of a trial and a direct appeal violates the sixth amendment, or right to a fair trial. Negligent representation by a defense counsel can allow other errors and mistakes to happen. For example, allowing eyewitness perjury

to occur unchallenged, or leaving out key details and evidence that could prove the defendants innocence. 3. Statistics a. Which racial group is more likely to be wrongfully convicted Most people who are later found innocent after being convicted of a crime are usually poor and of color (innocent). NATURE IDENTITY b. In which state do most wrongful convictions happen c. How many people were wrongfully convicted in 1995 d. How many wrongful convictions happen in Virginia i. How many wrongful convictions happen in Newport News

According to a Newport News, Virginia local newspaper, a man named David W. Boyce was exonerated in 2013 with a case similar to Ketchmores. Boyce was convicted of murdering his roommate. Boyce was convicted in 1990, five years before Ketchmore, in the same city, with the same judge. In march of 2013, U.S District Judge, James R. Spencer, vacated Boyces conviction because authorities violated his constitutional rights and denied him a fair trial by withholding key evidence and presenting false testimony against him. Boyce was exonerated soon after. Most individuals who are exonerated have been incarcerated for a very long time because it takes many years to reverse a case and prove innocence (innocent).

DISCOURSE OF LAW(RECOGNIZING INNOCENT)

DISCOURSE OF LAW(NOT RECOGNIZING INNOCENCE)

INSTITUTION IDENTITY (BEING IMPRISONED)

4. Identity a. How is Troy Ketchmore viewed i. Family & Friends 1. Interview from Pertina Ketchmore The discourse identity of Troy Ketchmore varies within each individualistic aspect. For example, the way troy it's viewed by his family, friends, society, the media, and law will vary tremendously from the way he views himself. The job of the media and news paper is to give out information to the public as well, however they also have to be entertaining if they want to maintain and gain an audience. The newspaper can have a tendency to exaggerate and short of "beef up" a story to make it more interesting. Although they do research, they barely scratch the surface and fail to give all the details accurately. The title of the article that was published in regards to the incident was titled" Friend, Foe to Stand Trial in Nn (Newport News) Slaying". The media made it seem as though Troy went to his Yolandas home specifically to start trouble And Derrick was caught in the middle of the trouble Troy started which is inaccurate. This information was released to Troy's community and you can imagine how this affected how the people in his neighborhood and town viewed him. Most people already believe that if an individual is in prison or jail, then they must be guilty of something (innocent). The media portrayals only support that idea. DISCOURSE OF SOCIETY DISCOURSE OF FAMILY

AFFINITY(BEING INNOCENT) b. Reputation.

5. What steps are being taken to reverse the Troy Ketchmore case 6. Restoring life afterwards a. Compensation 7. Conclusion