The Innocence Files season 1 finale recap: The Million Dollar Man

The season 1 finale of the Netflix series The Innocence Files takes us to Macomb County, Michigan to examine the case of Kenneth Wyniemko, who was wrongfully imprisoned for the crime of breaking and entering armed robbery, and criminal sexual conduct in 1994. Had he not been exonerated, his sentence would have been 40 to 60 years in prison.

As serious as the story is, Ken does pepper in some humor as he tells his story. For example, he says that after Detectives Tom Ostin and Bart Marlatt showed him their composite drawing, he told them it looked like musician Phil Collins, adding “If you think that composite looks like me, you need these glasses more than I do.”

According to Kenneth, there were other flaws in the initial suspect-gathering process. He suggests the Detectives zeroed in on him as chief suspect, noting also that, in the police suspect lineup, every other suspect had a mustache (apparently, Wyniemko did not). To complicate things, the man suspected of raping a woman was wearing a mask. The problem is, if you zero in on someone right away, it might distract from further investigation and discovering further evidence.

The Innocence Files asks: How much can you trust an ex?

Kenneth Wyniemko had a major problem when his ex-girlfriend, Cathy Whitcher, indicated the composite sketch looked like him. It seems that shouldn’t be enough to convict, especially with the victim blindfolded and the perpetrator masked. However, Ken subtly suggests more have been at work. Kenneth worked at a bowling alley and maintains he had kicked out a drunken officer — with the implication that, for all he knows, this might have created a grudge.

Did evidence even match up?

According to The Innocence Files, one piece of evidence cited to convict Kenneth Wyniemko was his possession of latex gloves. Should that be enough to make someone a suspected rapist? Do people not someone wear latex gloves for other purposes, such as cleaning? However, the flimsy evidence doesn’t end there.

It’s revealed by forensics specialists that the rapist had semen type A, whereas Ken’s is type O (one needn’t be a forensics expert to understand that means they’re different). Then there’s the evidence that the rapist/thief had smoked and Kenneth did not (really not the strongest argument, but a supplemental consideration). Also, it’s said that Ken wore size 10 shoes, not size 12. Of course, one might have claimed the rapist wore shoes intentionally too large to throw off the investigation, but it would still be another weak point, evidence-wise.

“He could have done it” vs. “We have evidence proving he did it”

Like previous episodes of The Innocence Files, this one does well to show the difference between the plausible and the definitely provable. Kenneth Wyniemko indicates their strategy was to make him look like he could have done it. What really got him in trouble: A jailhouse “snitch” further implicated him, Cathy Whitcher claimed Wyniemko stalked her, and the victim identified him in the lineup.

Upon conviction, it was stated by the Judge that the harsh sentencing was partly for Ken not showing remorse — something potentially tricky if you’re (a) innocent of the crime and/or (b) not outwardly emotive. Additionally, Detective Ostin allegedly said Kenneth was a “loser cokehead” anyway, illustrating more prejudice against him. The Innocence Files also reveals that Macomb County Prosecutor Linda Davis considered the victim to not be typical, as she was not a low-income drug addict.

Seeking help to prove his innocence, Wyniemko reached out to news shows like Dateline, 20/20, and 60 Minutes, but found more success with Detroit Free Press reporter Kim North Shine and The Innocence Project.

A new chance

Well after Kenneth Wyniemko’s appeals ran out, the state of Michigan enacted a post-conviction DNA statute that could potentially exonerate people who were wrongly accused and incarcerated. Also, Gail Pamukov became Ken’s pro bono attorney. The Innocence Files makes the case that Linda Davis was actually present when the victim saw Ken in the lineup, and it’s implied she could have acted as a coach. In fact, Davis refers to the lineup as “the frosting on the cake” in old footage, implying it was a key component of the case. However, Attorney Thomas Howlett says it was tunnel vision.

Indeed, it seems alternate suspects were not pursued, and certain evidence was not tested. Also, DNA tests were not done, despite the fact forensics DNA testing was available since the early 1980s. Fortunately for Kenneth, former Macomb County Prosecutor Carl Marlinga agreed to look at more evidence. It was revealed that the fingernail scraping, cigarette butts, and semen stains were not from Kenneth Wyniemko.

Aftermath

After the truth came out, Juror Jerry Innes says he felt guilty about sending Ken to prison. The Innocence Files mentions that Detective Ostin actually ad tapes of Cathy Whitcher threatening Kenneth. It’s also suggested that some degree of “fetish behavior” prejudiced people against Mr. Wyniemko. It’s also revealed that Linda Davis threatened a witness with a habitual offender charge unless he helped them against Kenneth,

Linda pointed to Ken having latex gloves and handcuffs as strong circumstantial evidence, and it seems Ken was working at the bowling alley the victim was at (it’s not revealed how often she went there). Ultimately, Ken received $3.7 million for the wrongful conviction and the actual rapist, Craig Gonser, was never punished for the crime. Linda Davis went on to become a Judge and, in 2004, she was cleared of any prosecutorial misconduct.

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