This comes from ThinkProgress, with thanks to Tonja Brown:
on April 2, 2015
Nolan Klein spent the last 21 years of his life in prison on a life sentence that he never stopped fighting.
Klein claimed a witness misidentified him in a photo lineup and he had nothing to do with the 1988 robbery and sexual assault that occurred in a Payless shoe store in Sparks, Nevada. His sister has continued advocating for his innocence, even after his death.
Courts have denied him a posthumous exoneration, but lawmakers in Nevada introduced legislation with bipartisan support last week which would have helped Klein fight his wrongful conviction and could grant an exoneration after his death, his sister, Tonja Brown, told ThinkProgress. The bill, AB 401, would make Nevada the second state in the nation to allow the creation of separate courts that would re-examine possible wrongful convictions.
“If this bill existed, Nolan Klein and others like him could have their cases heard,” said Brown, who also wrote about her story in an exhibit attached to AB 401. “It would allow all evidence that was not presented at trial that may have been hidden from the defense, newly discovered evidence that was overlooked, DNA evidence to be tested and witnesses that were never investigated.”
To date, there have been 329 people exonerated by DNA testing in the United States, with the average exoneree serving 14 years in prison. Since 2003, prisoners in Nevada can petition the court for DNA testing, but creating a separate court would allow judges to examine all of the available evidence and other information that may have been withheld in the original trial that convicted an innocent person.
The jury in Klein’s case was only shown around 20 exhibits — a small portion of the evidence that was available to the defense counsel, Brown said.