DETROIT (WXYZ) — In 2005, Kenneth Nixon was wrongfully sent to prison for 16 years for an arson that killed two young children in Detroit. Now, he's using his story to educate others as National Wrongful Conviction Day approaches on Oct. 2.
According to the Georgia Innocence Project, studies show that between 4% and 6% of people incarcerated in U.S. prisons are actually innocent. That means if there are 1,000 people in a prison, 40 to 60 of them would be in there without actually having done the crime they're accused of.
One of those people is Nixon. He participated in a panel discussion at the University of Detroit Mercy School of Law Wednesday to educate young and veteran attorneys about the issues that can lead to wrongful convictions and discuss the help that is out there.
“It’s difficult to maintain hope when the truth is not enough," Nixon said at the panel.
Nixon was just 19 years old when he was arrested for the arson that killed two young children. Due to his involvement with one of the adults in the home, the finger was pointed at him.
According to Nixon's attorneys, a 13-year-old witness was later found to be coached by family to lie and tell police he saw Nixon at the scene of the crime. Later, a jail informant stated to investigators he heard Nixon admitting to everything.
“The day my lawyer came to see me to inform me that the prosecution had produced a jailhouse informant, that was the day I knew I was going to prison and then I knew my fate was sealed," Nixon recalled.
A judge sentenced Nixon to two life terms in prison without parole.
"I told him that he was about to send an innocent man to prison," Nixon said. "And he did."
Nixon never gave up on fighting for his freedom. He continuously reached out to innocence projects to help garner attention to his case.
“Dying in prison was just not an option. It was just something I couldn't accept," Nixon said.
His efforts paid off and over a decade later, the Cooley Law School Innocence Project and Wayne County Prosecutor’s Office Conviction Integrity Unit re-investigated his case. In 2021, a Wayne County Circuit Court judge entered a Stipulated Order vacating Nixon's conviction and all charges against him were dismissed.
Director of the Wayne County Prosecutor’s Office Conviction Integrity Unit Valerie Newman moderated the panel Wednesday and remembers the day Nixon walked free.
"He's one of the good guys," Newman said. “Without this unit, someone like Kenneth may have never been released from prison.”
On June 28 of this year, Nixon's attorneys filed a federal civil rights lawsuit against the city of Detroit and five members of the Detroit Police Department who overlooked his case. They claim the officers willingly withheld evidence and provided the informant with information to close the case up quickly.
"He was approached by a police officer from the Detroit Police Department. He was given information about the case and was invited to give false testimony in exchange for getting out early for his daughter's graduation," Nixon's attorney Kathryn Bruner James claims about the informant. “They needed something to bolster the case. Well, lo and behold, sometime between sort of noting the weaknesses in the case but before trial, this mysterious jailhouse informant came forward.”
After Nixon's negative experiences with the legal system, many would think he wouldn't want anything to do with it. However, not only is he participating in a panel with judges and attorneys to discuss wrongful convictions, he's also a sophomore at Wayne State University studying political science hoping to go to law school and become an attorney. He's also the president and co-founder of the Organization of Exonorees, helping others get their freedom as well.
"My passion, my drive comes from knowing I’m doing something positive for the next person," Nixon said.
7 Action News reached out to the city of Detroit regarding the federal civil rights lawsuit and they stated they do not comment on pending litigation.
