Private support for West Virginia Innocence Project clinic at WVU College of Law offers experiential learning, hope for wrongfully convicted

West Virginia University graduate Clarence J. Moore's experience behind bars in California changed his life for the better, inspiring him to pursue a legal career.

His top criteria for a law school? A clinic specializing in innocence work.

More than 70 organizations belong to the national Innocence Network, but less than half are affiliated with law schools. The West Virginia Innocence Projectclinic sets the WVU College of Lawapart from other schools while empowering the next generation of attorneys to make a difference and providing hope for West Virginians who've been wrongfully convicted.

WVIP was established as part of the College's clinical law program in 2012, building upon a rich history of experiential learning and public service that began in 1976. Private support makes the clinic possible, as WVIP relies entirely on donations to fund its operations.

"Law clinics are a way to shore up our legal system, which is a basic foundation of our democracy, and clinics ensure that people can receive low-cost or pro bono legal services," WVIP Program Director Melissa Giggenbachsaid.

"Giving to the WVIP clinic offers a great return on your investment because not only are you directly impacting someone who's been wrongfully convicted, but you're also impacting students who are going to go out and become lawyers in your community."

WVIP serves clients convicted in West Virginia state or federal court who have exhausted all appeals and don't already have an attorney representing them. The program receives eight to 10 applications a month, with dozens of applications awaiting investigation.

Under Giggenbach's leadership, the WVIP clinic employs one full-time staff attorney, Devon Unger, who works closely with about 10 third-year law students and a few undergraduate interns each year.

Law students work in pairs to advance a mix of assigned cases, including new applications to investigate and others in progress. No team handles more than one case in active litigation. Giggenbach and Unger encourage students to take the lead, meeting with them regularly to review their cases, ask questions and provide guidance.

Maggie Lohmann, a 2023 graduate who is now a fellow with the Fitzsimmons Center for Litigation and Advocacy, said working with the WVIP clinic was one of the most impactful educational experiences she had during law school.

"I have really been blown away by how the clinic taught me in general to be a better attorney," Lohmann said.

"It taught me how to manage a lot of different projects at once and manage expectations. It also helped give me confidence talking to clients, being assertive, sometimes following up with people when they're not responsive, reaching out about questions I have with different laws and research. Those were all great soft skills I learned that will transfer to my work as an attorney."

'No price you can put on freedom'

To date, WVIP has successfully overturned the original conviction in four cases, with two full exonerations. In some cases, Giggenbach said clients have opted to plead to a lesser charge with no additional prison time.

WVIP client Jason Livelywas convicted of first-degree murder and first-degree arson for the 2005 death of Dr. Ebb "Doc" Whitley in McDowell County based on outdated fire science. He served 14 years in prison before he was exonerated in 2020, after new forensic analysis indicated the fire was accidental.

Giggenbach noted such cases aren't just meaningful to Lively and his family. Their implications have the potential to affect communities statewide.

"The criminal legal system touches everybody," Giggenbach said. "If we don't have a criminal legal system that is operating effectively and properly, then it's not working for anybody. Anyone's family member could be wrongfully convicted at any time. It is essential that we make sure the people who are being put in prison are the actual perpetrators."

WVIP cases can take many years, in part because the clinic's budget is limited. Expenses add up quickly, including essential costs for court documents, travel to meet with clients and experts to review the evidence. Giggenbach said a trial transcript can cost over $1,000. Experts may charge $500 an hour or more.

"It gets really expensive really quickly, and in order to adequately represent our clients we must read the case documents, go visit them and get expert reports," Giggenbach said. "Sometimes funding is what slows our cases down the most. I'm constantly trying to decide, 'OK, I've got this dollar. Which case are we going to spend it on? Which case is the most deserving?'"

The WVIP clinic and an inclusive mission attracted Moore to the WVU College of Law, where he graduated as class president in 2024. The clinic experience enriched his education, reiterating the critical importance of being careful and thorough in criminal law.

His most memorable experience was his first face-to-face meeting with a client at Mount Olive Correctional Complex, a state prison in Fayette County.

"Just seeing the look on his face, from us showing up and showing that we cared, that touched me," Moore said. "I'm formerly incarcerated, and I know what it means to have someone show up for you. That was a moment for me."

Moore now works as senior law clerk for the Los Angeles County Public Defender's Office. He said he hopes to eventually return to West Virginia to practice law focused on child abuse and neglect, as well as court-appointed criminal defense. He noted wrongful convictions occur more often than people realize, but it's a challenge for prisoners to seek exoneration because of the legal costs.

"If you have someone who is actually innocent, there is no price you can put on freedom," Moore said.

Donors interested in supporting the West Virginia Innocence Project clinic can make a gift online by visiting give.wvu.edu/lawand choosing College of Law Innocence Project (2W729) as their designation. All gifts are made through the WVU Foundation, the nonprofit organization that receives and administers private donations on behalf of the University.

-WVU-

cr/9/22/25

MEDIA CONTACT: Cassie RiceDirector of Strategic CommunicationsWVU Foundation304-554-0217; [email protected]

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