In-depth factual investigations are essential to proving innocence without DNA evidence. Our investigations are painstaking, costly and time consuming because they frequently relate to events which occurred decades ago, before the advent of electronic records. In the intervening years, witnesses have relocated; names have changed; memories have faded; and documents have been lost or destroyed. But that isn't going to stop us.

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Valance Cole has served more than 23 years in prison for a homicide he did not commit. This injustice has continued despite a judge's finding in 2003 that he was "probably innocent," because Cole failed to meet technical legal requirements that had nothing to do with guilt or innocence. Since then, EXI has found the true killer, Denzil Smith, who EXI's investigation has shown to be the same person that was named as the killer by five eyewitnesses in 2003. Smith has made multiple, detailed confessions to the 1985 Brooklyn homicide for which Cole was convicted, and his photograph was identified by an eyewitness to the shooting. In addition, unlike Cole, Smith matches every eyewitness description of the shooter ever provided, including the description provided by the prosecution's key witness.

EXI filed a motion to exonerate Cole based on this new evidence of innocence on February 2, 2011, and the District Attorney opposed the motion almost entirely on procedural grounds. We are currently awaiting a decision from the Honorable William E. Garnett.