QUOTE OF THE DAY: "His last encounter with his daughter is painted in Terry’s memory. It was sometime in late 2017. "She came to the window of my car. I gave her the food. She said, 'Daddy, I love you,' and that was it." Whether Terry walks free or remains imprisoned, his case is historic and will be a touchstone for future wrongful conviction claims in Lucas County. He is clinging to the scientific evidence he believes will vindicate him. "People lie. DNA don't lie."
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PASSAGE OF THE DAY: "In Terry’s case, the prosecutor's office paid $6,000 for specialized DNA testing at Cybergenetics Inc. in Pittsburgh. The results showed the male DNA found in the girl's underwear was not Joel Terry's.
“I was thinking what I’ve been thinking from the beginning,” Terry said, showing little emotion. “I already knew it wasn’t me.” The testing contradicted key evidence used in Terry's original trial. "The closing argument of the prosecutor at his conviction relied a lot on the reference to the DNA," Gerken said. "The DNA that they knew then is wrong today." In fact, prosecutors focused much of their closing arguments on the DNA in the underwear. Initial testing could not exclude Terry, and prosecutors paired the inconclusive result with statements from the daughter to convince the jury of Terry’s guilt. If future appeals fail, Terry will never be released from prison."
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PASSAGE TWO OF THE DAY: "NEW REPORT DISCOVERED: Evidence of abuse by. But the DNA revelation wasn't the only new evidence. The conviction integrity unit also discovered an intake report from Lucas County Children Services. According to court documents, the report indicated that abuse against Terry’s daughter continued even while he was incarcerated.
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STORY: "People lie. DNA don't: Joel Terry's fight for a new trial after conviction review uncovers new evidence, by Investigative reporter Brian Dugger, published by WLOL, on September 11, 2025. ( Brian Dugger is a National Murrow and Emmy Award-winning lead investigator for WTOL 11, a TEGNA station.)
SUB-HEADING: "Lucas County's conviction integrity unit is weighing new DNA results and overlooked reports in its first ever case review - one that could redefine justice."
Joel Terry walks through the dormitory-style living areas of North Central Correctional Complex with more freedom than most inmates.
No bars confine him to a cell. His good behavior during more than seven years in prison has earned him privileges that make life marginally more bearable, though the stigma of his charges creates invisible barriers that no amount of good conduct can eliminate.
The 54-year-old is a convicted rapist, and the victim was his young daughter. Even the relative comfort of his current housing situation can't erase the stigma that follows him every day behind these walls.
“You could be a target at any point,” Terry said during a recent interview in the visitation area of the Marion prison. “Most of the time you try to stay to yourself and don't really get in no groups, you know what I mean? You isolate yourself from different people.”
In the minds of many, the affixed target is justified. In the tiers of criminal behavior, child rape is on a different level than most crimes in the eyes of society, but also in the eyes of his fellow prisoners.
"I just want the world to know I'm an innocent man, convicted of something that I didn't do, a crime that I didn't commit," Terry said. His voice carries the weariness of years behind bars for acts he insists he never committed.
NEW FINDINGS
Lucas County Conviction It’s an understandable statement for a man in his position, but it’s a statement that has more credibility because of recent discoveries by Lucas County’s conviction integrity unit.
The charges against Terry stem from allegations that he sexually abused his daughter in 2017 and 2018. The girl, then around 7 years old, underwent sexual abuse examinations in 2016, 2017 and 2018 – each exam showing evidence of abuse. And each time, the daughter told sexual assault nurse examiners that her father had abused her. She also told a teacher the same thing. The pattern of consistent allegations led to Terry's conviction on five counts of rape in 2019.
But new evidence has emerged that could change everything, and Terry's case has become the proving ground for Lucas County's commitment to correcting potential miscarriages of justice.
In July 2024, Lucas County launched its conviction integrity unit, becoming one of the latest jurisdictions to create a mechanism for reviewing potentially wrongful convictions. Terry’s case is the first reviewed by the unit.
Ever since its “Guilty without Proof” investigation in 2019 that led to two men being freed from prison, 11 Investigates has pushed county leaders for the creation of a conviction integrity unit. Several across the country, most notably in Wayne County, Michigan, have been successful in righting wrongful convictions.
At last summer’s news conference announcing the new endeavor, Prosecutor Julia Bates said, “We need to make sure we get it right. So part of the press conference today is not to just thank the people that are helping us, but to tell the community we need to get it right and we want to get it right and we will get it right.”
Terry's case became the unit's first review, brought to their attention by Lucas County Commissioner Pete Gerken after a community member approached him following a library meeting about criminal justice reform.
The significance of being the inaugural case isn't lost on anyone involved.
"Take one and try and see what happens," Gerken said. "It was a leap of faith for the prosecutor to even come to the words to do it because many prosecutors would say I'll never admit we are wrong about anything."
The prosecutor’s office was asked to sit down for an interview to explain the unit’s progress during its first year, but the request was declined. The office did say five cases have been reviewed in the past year, a pace slowed by the volumes of discovery involved in cases that could be decades old.
A statement added: “Our office created this unit to highlight our commitment to serving the citizens of Lucas County by ensuring justice for victims of crime while maintaining fairness for individuals charged with criminal offenses. The unit reviews past convictions for credible claims of actual innocence and conducts collaborative, thorough case reviews to uphold the integrity of convictions. If a wrongful conviction is identified, the Lucas County Prosecutor's Office is committed to taking prompt corrective action in accordance with the law. As the unit progresses, we may expand the criteria used to determine which cases are reviewed.”
'The DNA that they knew then is wrong today'
In Terry’s case, the prosecutor's office paid $6,000 for specialized DNA testing at Cybergenetics Inc. in Pittsburgh. The results showed the male DNA found in the girl's underwear was not Joel Terry's.
“I was thinking what I’ve been thinking from the beginning,” Terry said, showing little emotion. “I already knew it wasn’t me.”
The testing contradicted key evidence used in Terry's original trial.
"The closing argument of the prosecutor at his conviction relied a lot on the reference to the DNA," Gerken said. "The DNA that they knew then is wrong today."
In fact, prosecutors focused much of their closing arguments on the DNA in the underwear. Initial testing could not exclude Terry, and prosecutors paired the inconclusive result with statements from the daughter to convince the jury of Terry’s guilt. If future appeals fail, Terry will never be released from prison.
NEW REPORT DISCOVERED
Evidence of abuse by another:
But the DNA revelation wasn't the only new evidence. The conviction integrity unit also discovered an intake report from Lucas County Children Services. According to court documents, the report indicated that abuse against Terry’s daughter continued even while he was incarcerated.
UNIT'S CRUCIAL TEST
Weighing the cost of justice
For Gerken, Terry's case represents both the potential and the limitations of the fledgling unit. The commissioner acknowledges that progress has been "slow" but credits Bates with taking the case seriously and going "the extra mile" by paying for enhanced DNA testing.
The measured pace reflects the unit's limited resources. With essentially one prosecutor and a couple of investigators handling conviction integrity reviews, Gerken sees this first case as a crucial test. When asked about additional funding, he was cautious but hopeful.
"I can't speak to that yet. We're still doing our budgets, but I've always committed to try to do the right things," he said. "Criminal justice is priceless. I just can't say what the price is today."
FRACTURED FAMILY RELATIONS
Bitterness and disbelief
"My daughter and I had a wonderful relationship. She loved McDonald's. I always took her to McDonald's, took her to school. She always told me, 'Daddy, I love you.'"
He lived in his own apartment but visited daily, he said, often bringing food from McDonald's when she got out of school. But, according to Terry, his relationship with the girl's mother soured after he began dating someone else and had another child.
"It was a lot of bitterness because the baby was involved now," Terry said.
The mother's anger, Terry believes, led to the false allegations.
"The mother coached her. It's all coming from the bitterness of the mother."
Prior to the prison interview, the girl’s mother was notified that Terry would be interviewed on camera. She left a message, indicating she also wanted her story to be heard. 11 Investigates talked to her by phone for about 10 minutes, but she told us that the prosecutor’s office advised her not to talk with us. She used an expletive in describing Terry and also said she did not believe the DNA proved his innocence. She seemed surprised by the LCCS report that indicated the girl was being abused by another family member.
Terry insists he was never alone with his daughter during the time frame of the alleged abuse.
Adding to the complexity of Terry's case are conflicting polygraph results. He claims he passed a polygraph test administered at the county jail, but failed one conducted by the Bureau of Criminal Investigation. The BCI test was used against him at trial after he agreed to allow its use, believing he would be cleared if he passed.
"The guy that took it told me he passed the county jail test, Terry said. But when the BCI examiner told him he had failed their test. Those claims could not be verified by 11 Investigates, but Terry said he was stunned.
"I just couldn't believe that a test could say I'm lying when I'm telling the truth."
Terry agreed to the use of the polygraph – which normally cannot be used in trial - after his initial attorney told him that if he passed, "everything would be dismissed."
Instead, the failed test became evidence against him.
Terry believes he knows who actually abused his daughter. Without naming names, he described a family member who had regular access to the home and children.
Terry says he hasn't been directly targeted by vigilantes in prison, but he lives with constant awareness of the danger. He spends his days working as a bathroom porter, working out, reading spiritual books and watching sports. A Baltimore Ravens fan, he maintains his faith despite the circumstances.
"Things can happen to anybody. I'm not perfect," he said when asked if his imprisonment had shaken his religious beliefs. "It didn't shake mine. It just made me stronger."
Terry has four other children, who he says have never accused him of inappropriate behavior.
"I've been in several relationships with women with kids and all the kids always loved me," he said. "This has never happened to me before." His other children are "hurting just as much as I'm hurting," Terry said, describing a family torn apart by the allegations and conviction.
One of his daughters has been in frequent contact with 11 Investigates to support her father, saying he never did anything inappropriate with her or her sisters. She has been fighting to get him another day in court. She is not in contact with the victim, who has a different mother.
During the prison interview, Terry was asked multiple times if he raped his daughter. Without hesitating, he denied any wrongdoing. A review of his criminal record shows drug charges. He admitted that he had issues with cocaine and alcohol. He was asked if he could have raped his daughter while under the influence. He blamed hanging around with a bad crowd for the substance abuse, but he denied that it led to the abuse of his daughter.
AN AIM TO CLEAR HIS NAME
'I just keep my faith in God'
The conviction integrity unit's work has given Terry renewed hope.
"Once you hear that type of news, yeah, it did something to me. I had hope again."
After the CIU’s findings, the prosecutor’s office petitioned the court to provide Terry with a lawyer to review the findings. After a review, Terry’s team filed a motion for a new trial.
Despite the findings, the prosecutor's office is opposing his motion for a new trial, arguing in court documents that the DNA and LCCS report were unlikely to change the outcome of a new trial.
"Why would you oppose something that somebody's already clear of?" Terry asked. "I just keep my faith in God and just hope that soon I'll be back in trial, my name will be cleared, and I can get my life back."
NEXT STEPS IN THE CASE
A hearing and a future
Judge Lindsay Navarre will hold an evidentiary hearing on Sept. 25 to determine whether Terry should receive a new trial. If granted, the prosecutor will face a choice: retry the case, dismiss the charges, or negotiate a plea deal.
For Gerken, the stakes extend beyond one man's freedom. This first case will be used as a litmus test to judge how the county should move forward with conviction integrity reviews, potentially affecting funding and staffing decisions that could impact future cases.
"From starting from nowhere, from a community meeting a year and a half ago to him having an evidentiary hearing by a common pleas judge and some data that supports his case, I think we as a community should recognize that," Gerken said.
His last encounter with his daughter is painted in Terry’s memory. It was sometime in late 2017.
"She came to the window of my car. I gave her the food. She said, 'Daddy, I love you,' and that was it."
Whether Terry walks free or remains imprisoned, his case is historic and will be a touchstone for future wrongful conviction claims in Lucas County. He is clinging to the scientific evidence he believes will vindicate him.
"People lie. DNA don't lie.""
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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