Thanks to the zealous advocacy of the Loyola Project for the Innocent (LPI), client Ernest Cox’s convictions of murder and kidnapping were vacated on October 4, 2024. He will be released from prison after serving more than 40 years for a wrongful conviction.
Cox was only 20 years old when he was charged in 1981. He'd just been honorably discharged from the military and was scheduled to attend the University of Southern California that fall.
Even though forensic evidence pointed toward another person who was given immunity in exchange for testifying against Cox at trial, Cox was wrongly convicted of kidnapping, robbery, rape and murder of a young woman and sentenced to life in prison without the possibility of parole.
Although LPI had been evaluating Cox’s claims of innocence for years, there were substantial obstacles in developing a claim for a habeas petition due to the conviction being more than 40 years old. LPI explored commutation, and when LPI Supervising Attorney Joe Pertel joined the LPI team earlier this year, he moved quickly on an argument to have Cox resentenced.
Pertel joins LPI with more than 25 years of experience in criminal defense. He worked with prosecutor Brock Lunsford to reach an agreement that would mean the dismissal of the most serious charges in Cox’s case, and resentencing on the balance of his robbery charges to time served. Although Cox’s release has been achieved through resentencing, the prosecutor has stated that he does not believe Cox committed the most serious charges in this case.
“Even the D.A.'s investigator had doubts about the case after speaking with a witnesses,” said Pertel. The prosecutor also found it shocking that Cox's counsel did not attempt to introduce a statement obtained by a DA investigator from a witness who told him that the co-defendant, and not Cox, confessed to committing these crimes.
“Despite spending more than four decades in prison, Cox remained hopeful that justice would be served,” said Pertel. “I'm incredibly proud of LPI’s students, who worked so hard on Ernest's behalf over the past several years.”
LPI clinic students Ava Hargett, Paige Hewlett, and Samantha Zucker provided support in Ernest Cox’s case.
“I’m incredibly grateful for the opportunity to work with Joe Pertel and witness his unwavering commitment to justice,” says LPI clinic student Paige Hewlett. “Visiting Ernest in jail was truly rewarding, allowing me to see the person behind the case. It’s incredibly fulfilling to know our efforts are giving him a chance to reclaim his life and enjoy the freedom he deserves.”
"I’m so glad that Joe Pertel invited me to work on Ernest’s case, as it was my first time seeing how resentencing negotiations can play out," says 3L Ava Hargett. "It was inspiring to see both the willingness of the DA’s office to reevaluate the case, and Joe’s passionate advocacy for Ernest. After visiting with Ernest at the Twin Towers facility, it was surreal and beyond exciting to see his resentencing come to fruition in the courtroom. I’m so happy that his case got a second look, and that he can now experience freedom after being unfairly deprived of it for so long."
Cox is looking forward to spending more time with his daughter, who spent many years fighting and supporting his cause for justice. Now 64, he looks forward to living his life quietly, reading and developing his culinary skills.
