On September 2, 2010, Governor Ted Strickland commuted Kevin’s death sentence, citing doubts about Kevin’s guilt. Kevin is now serving life without the possibility of parole. Strickland is now “convinced that Kevin Keith is very likely an innocent man.” Kevin’s attorneys have been trying repeatedly to get him a new trial.
In October 2018, the United States Court of Appeals for the Sixth Circuit granted Kevin the rare authorization to file a successor habeas petition based on the suppressed evidence discovered in 2016 and 2017. As significant as that Order was, it does not mean that Kevin will be able to get the relief he deserves in federal court. Obtaining relief in a specialized petition is virtually impossible.
In September 2021, the District Court dismissed the petition, opining that Kevin could not meet the high bar. Notably, the Court stated that:
This case, more than most, demonstrates the tragic result of subjecting Brady claims to § 2244(b)'s gatekeeping requirements. Brady claims usually involve impeachment evidence. [But] this court also must apply the law as it exists, not as the court wishes it to be. Accordingly, for the reasons discussed above, the court must dismiss Keith's Petition because it cannot clear the hurdle erected by § 2244(b)(2)(B)(ii).
Keith v. Wainwright, N.D. Ohio No. 1:18 CV 634, 2021 U.S. Dist. LEXIS 182731, at *28-29 (Sep. 24, 2021).
Kevin is currently appealing to the Sixth Circuit.
Because of the procedural obstacles in the legal system, and due to Kevin’s exemplary prison conduct, Kevin is now seeking clemency from the Governor. He is filing an application for immediate release, or at least the ability to obtain parole in the future.