Wrongly convicted man now practices law

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Christopher Ochoa, 40, is a solo practitioner in Madison. He spent a dozen years in prison for a crime he did not commit. Admittedly, Ochoa says his career choice is unique, but necessary to ensure people do not suffer the same fate he did.

In 1988, Ochoa reluctantly confessed and was wrongly convicted of murder and rape in Austin, Texas. He was exonerated in 2001 thanks to research conducted by the Wisconsin Innocence Project – their first overturned conviction.

DNA evidence and the confession of another suspect cleared Ochoa, who moved to Madison in 2003 to attend the University of Wisconsin Law School. While there, he worked for the Wisconsin Innocence Project and after graduation in 2006, opened an office just off Capitol Square. The bulk of his practice currently deals with criminal defense and throughout his first year as an attorney, Ochoa feels more at home than ever with the justice system.

On Dec. 6 he sat down with Wisconsin Law Journal reporter Jack Zemlicka to discuss his career path, how he relates to clients and why Wisconsin should not have the death penalty.

Wisconsin Law Journal: Your story is unique to Wisconsin. Why did you decide to pursue a career in law after having been essentially failed by the system you are now a part of?

Christopher Ochoa: The biggest reason for me is I felt comfortable around the people and in the system, as odd as that may seem. The legal culture was very accepting of me.

When you get out in the world after so many years in prison, it’s hard to find a place where you belong because peers say “You are too old for this group” and “What does this guy know about anything?”

Also, I don’t think it’s the legal system that failed me, but the people that worked the system. When I got out, I figured maybe I could make a positive difference in the system.

WLJ: Given what happened to you, was becoming a defense attorney a natural choice?

Ochoa: My first working experience was as a student prosecutor with the Green County District Attorney’s office and I loved it. But, I have my own style and being a defense attorney seemed like the way to go. I do a lot of criminal work, but I’m starting out older and to be a [really good] trial attorney you really need a lot of years experience.

So, I’m hoping to get away from criminal work and maybe get into more real estate and property, but it’s tough to break into as a solo practitioner.

WLJ: Your conviction was based in part on your confession. Why did you confess to a crime you didn’t commit?

Ochoa: In Texas, they threatened me with the death penalty. It’s not like I openly confessed; I signed a statement and that’s different. But in the end, they showed me a picture of death row and they tapped my arm and said this is where the needle is going to go if you don’t cooperate. People ask me why I confessed because I knew my rights. If you look at a lot of these wrongful conviction cases, it’s people who have never been in trouble, but everything you have been taught or know goes out the window in a situation like that.

WLJ: Given that that the death penalty is a hot topic in Wisconsin, is your case a good example of why the state should not adopt it?

Ochoa: If it is ever adopted here, it will be used as leverage. It’s the carrot and the stick, that’s part of the technique. If there is a death penalty in Wisconsin, I guarantee you there will be so many more wrongful convictions in this state. One thing I really love about this state is that Wisconsin has always been progressive and for them to want the death penalty, it’s a step backwards.

WLJ: Though your case took place in your native Texas, the Wisconsin Innocence Project helped reverse your conviction. How did they get involved with your case?

Ochoa: I had read about the Innocence Project and seen exonerations in magazines and a friend of mine on parole sent me an e-mail on the Innocence Project. Don’t ask me what possessed me to circle the Wisconsin Innocence Project, but I circled it and I wrote and they eventually took my case on. There was no Innocence Project in Texas at that time, so I was glad the Wisconsin project took the time to research my situation.

WLJ: How much of a factor did your experience with the project play into your decision to come to Wisconsin to attend law school and set up a practice?

Ochoa: Very minor. They brought me up to talk to people at the law school. I came to a football game, met people and I think I really wanted to come here because I felt at home here. I saw that madhouse at Camp Randall and that can be very persuasive. The Innocence Project was great, but not my main motivation for coming here. It also doesn’t hurt that graduating from one of the state law schools grants you the diploma privilege.

WLJ: Despite your exoneration, what was the biggest challenge you faced as a former felon pursuing a law degree?

Ochoa: Socializing with people was difficult in my first year. Because in prison you are not really allowed to look at anyone and I still have a little bit of trouble looking someone in the eye. Looking at someone the wrong way could get you written up or worse. If you look an inmate in the eye, that can be considered a challenge.

My first semester I didn’t really even go to class because I got the sense that people just didn’t know how to approach me. I was shy as it was, and attending social events was hard. Some friends really helped in taking the time to invite me to stuff, talk to me and that broke me out of my shell. I ultimately spoke at our commencement.

WLJ: Having spent 12 years in prison, how does that experience influence your
interaction with clients?

Ochoa: I try to not mention where I’ve been, unless it’s a difficult client. I’ll tell them I’m not just another trial attorney telling you this, but I’m coming from a different perspective. That’s how I relate to the criminal client. Personally, I’ve had two or three clients that I’ve read the police reports and I know exactly what the police are doing just by reading the report. I also think I relate more to the criminal defense attorneys. I know when [clients] are trying to lie to me because you learn what the con game is while you are in prison.

WLJ: As a high-profile product of the Innocence Project, who now practices law, do you feel you are the poster child for other success stories?

Ochoa: I may be a poster child, but the Innocence Project doesn’t put me out there. I think it’s more in the media painting me as a success story. I feel honored, but sometimes I just want to be an attorney. My girlfriend says to me, “You are a role model,” and I try very hard to make the Innocence Project proud. I hope that politicians may look at my story and say it is worth it to reform, because a lot of these guys will become successes.

WLJ: Do you still keep in con
tact with members of the project?

Ochoa: I want to keep more in touch with John Pray because he was like a father figure to me. He looked over my first lease when I came to the law school and made sure I was close to the campus. It’s difficult to coordinate that now, but I would like to be more in contact with them.

WLJ: I had read that you considered being a prosecutor. Is that still a possibility?

Ochoa: I would consider that, especially if [Dane County District Attorney Brian] Blanchard called me. It wouldn’t be about the money for me because I’m set, but it would be a great job to make a difference. I wouldn’t want to end up in Ashland, because I’m a city boy, but if the right situation came along, maybe. I was contemplating applying for a special prosecutor position here in Madison, and maybe I should have.

WLJ: There is always discussion about increasing diversity in the State Bar. Do you feel that Wisconsin is a good place for minority lawyers?

Ochoa: I don’t know too many Hispanic or African American attorneys in Madison, but I think there is a good amount of diversity here. When I was speaking with a district attorney from another district he said when you are a Spanish speaking attorney, your possibilities are endless, in criminal law, federal law and family law. My dad is a citizen, but his English leaves a little to be desired because he is a native of Mexico. He would feel more comfortable with a Spanish attorney and there would not be that barrier. I think the same applies for all minority attorneys. I’ve gotten a lot of business here in Madison because of my ethnicity.

WLJ: Had you not gone through the experience you did, would you still have embarked on a legal career?

Ochoa: When I was in high school, we had a business law class and we did a mock trial. I was the district attorney and won, so even back then it was something I thought about.

But being Latino at that time, people would say, come on, you should go to technical school. Now it’s different, but there was always that thought that I’m not smart enough to go to law school. I guess I was.