Integrity Review Bureau

Governing Principles

The Integrity Review Bureau (IRB) is an independent division of the Suffolk County District Attorney’s Office that investigates credible claims of actual innocence, wrongful conviction, and other circumstances that may have produced a result that is not in the interests of justice. The IRB’s mission is to determine whether: (1) an innocent person has been convicted of a crime, (2) someone has been wrongfully convicted, i.e., that an error, errors, or newly-discovered or –available evidence makes the defendant’s conviction unreliable, or (3) a conviction or sentence is not in the interests of justice. If the IRB is strongly persuaded that any of these three factors has been satisfied following its investigation and review, the IRB will make a recommendation to the District Attorney for a just resolution of the case. The District Attorney makes all final decisions about whether any remedy should be provided in a case investigated by the IRB and what that remedy should be. 

The IRB investigates and reviews cases regardless of the nature of the offense, whether there was a trial or plea bargain, or whether a defendant is represented by an attorney. However, the IRB gives priority to incarcerated defendants based on their length of time served and whether they have the possibility of being paroled. For example, a defendant who is serving a sentence of life without parole will usually have their case reviewed before a defendant who is serving a sentence of ten years.  The IRB’s review of a case may be initiated with a request from any person, including a convicted person or their family, an attorney, a community member, or through our office’s proactive review.

The IRB is not a trial or appellate court and its work is not governed by court rules of procedure. Put another way, the IRB investigates and reviews cases based on their factual merit without regard to any procedural legal rules that would otherwise bar post-conviction review, in order to fulfill our commitment to seek justice in every case. The IRB aims to ensure procedures and outcomes are fair, because the ethical and equitable administration of justice demands it.

Overview of Procedures

This overview outlines the approach that the IRB will typically take in cases brought to its attention. Depending on the facts and circumstances of a specific case, the IRB may use a different approach suited to the unique facts of that particular case.

Frequently Asked Questions

What kinds of cases are eligible for review by the IRB?

The IRB will consider three major categories of claims: (1) claims alleging actual innocence, i.e., that an innocent person was convicted of a crime, (2) claims alleging that someone was wrongfully convicted as a result of some wrongdoing or other unfairness that undermines the integrity of the conviction, or (3) claims that a sentence is unfairly harsh and not in the interests of justice. 

All claims must concern a person who is still living and the person’s conviction must have been rendered in a court located in Suffolk County, Massachusetts.

Who can file a claim for review with the IRB?

Anyone can bring a claim to the IRB, provided: (1) the person whose case is the subject of the petition is alive and (2) the person’s conviction was rendered in a court located in Suffolk County, Massachusetts.

If these two requirements are met, the defendant will need to fill out and submit an Application for Review. The defendant will likely also need to provide documents to the IRB so that we can conduct our review. The person whose case the IRB is reviewing may also need to sign several documents that allow us to conduct certain aspects of our investigation.

Must a lawyer be involved to file a claim with the IRB?

No. Any person can file a claim with the IRB, including the person convicted of the offense, a family member or friend of the defendant, or a community member. If the defendant authorizes the filing and agrees to the investigation and review by signing the Application where required, the IRB will accept claims from any source. A claim will receive the IRB’s attention regardless of whether it is submitted by a lawyer.

How is a petition filed with the Integrity Review Bureau?

The IRB requires that requests for review are submitted using its Application to Request Review of a Criminal Conviction by the Integrity Review Bureau of the Suffolk County District Attorney’s Office (“Application”).

The IRB will mail an Application directly to a defendant if someone submits a Case Inquiry Form –– which is available online. The IRB’s Case Inquiry Form can be found here:

https://www.suffolkdistrictattorney.com/case-inquiry-form 

If there is a reason the defendant cannot submit the Application, please explain why in the IRB’s Case Inquiry Form.

The IRB requires that Applications be submitted to it in a written document sent to the IRB through the U.S. Mail, or by email to:  

Suffolk.Integrity.Review@massmail.state.ma.us 

Completed Applications can be mailed to:

Integrity Review Bureau

Suffolk County District Attorney’s Office

One Bulfinch Place, 7th Floor

Boston, MA 02114

Please be aware that the IRB retains all documents or items sent to us and, as such, they may be considered public records with CORI exemptions. We do **NOT**return documents or other items sent to us, so please only submit copies and **not** original documents.

When can a claim be filed?

A claim can be filed with the IRB at any time after a conviction is final. There is no requirement that the defendant be in custody when filing a claim. As previously noted, however, the case of a person currently in custody will be given priority over the case of a person who is no longer incarcerated. A person convicted in Suffolk County does not have to reside in Suffolk County or in Massachusetts in order to seek relief from the IRB.

Who will investigate and evaluate applications submitted to the IRB?

Applications submitted to the IRB are reviewed and investigated by Assistant District Attorneys (ADAs) assigned to the IRB. Consistent with its mission, the IRB is an independent unit within the District Attorney’s Office. It functions separately from other Bureaus and is led by a Chief with many years of experience in the Commonwealth’s criminal justice system, much of it as a defense attorney.  The IRB’s final recommendation in every case is brought directly to the District Attorney.

The ADAs assigned to the IRB work full-time in the IRB and they will not be involved in the investigation or prosecution of any pending criminal cases. No ADA, police officer, or investigator who was involved in the original prosecution or in post-conviction litigation of a case under review by the IRB will be involved in any way in the review of that case, except to the extent that they are asked to provide information about the background or historical events of the case.

Must I solve the case in order to get relief?

No. The IRB exists to investigate, review, and correct the convictions of both innocent and wrongfully convicted people, as well as cases where the District Attorney believes a conviction or sentence does not serve the interests of justice. A person can get relief even if the true offender is never identified or prosecuted for the crime.

What relief can be granted by the IRB?

The IRB investigates claims, evaluates cases, and makes recommendations as to a given case, but the final decision about whether to grant relief, as well as what kind of relief, rests with the District Attorney. Any final decision for relief by the District Attorney would then need to be approved by the relevant trial court.

Where an investigation results in strongly persuasive evidence that a defendant was convicted of an offense that the defendant did not commit, that the defendant was wrongfully convicted, i.e., that an error, errors, or newly-discovered or –available evidence makes the defendant’s conviction unreliable, or that the defendant’s conviction or sentence is not in the interests of justice, the IRB will make a recommendation to the District Attorney to address that injustice. The circumstances of a particular case will shape the remedies that are recommended to the District Attorney.

How will I know what conclusions have been reached by the IRB?     

The IRB is aware that claimants are anxious to know that their claim has been received, that it is being considered, and that they will be advised of any decisions reached by the District Attorney’s Office.

Upon receipt of a written claim, the IRB conducts a screening process to determine whether the claim is eligible for investigation. A claim will be screened-in for further investigation if there a reasonable belief that: (1) the defendant is innocent; (2) the defendant was wrongfully convicted, i.e., that an error, errors, or newly-discovered or –available evidence makes the defendant’s conviction unreliable; or (3) the defendant’s conviction or sentence is unjust. Any of these three criteria must be satisfied in order to be eligible for consideration. If this initial review shows that the claim is not eligible, the claimant or their attorney, if they have one, will be notified in writing of that determination, and the IRB will take no further action. If the review shows the claim is eligible for review, the IRB will notify the claimant or their attorney, if they have one, that it intends to investigate the factual merits of the claim.

Where appropriate, the IRB will work with applicants or their counsel to pursue factual investigations. Claimants do not, however, enjoy an absolute right to have notice of all investigative activities or results obtained by the IRB. Where necessary to protect the integrity of its investigation, the IRB reserves the right to determine when investigative efforts and results should or should not be disclosed. An applicant or his/her attorney, if they have one, will be informed of the conclusions reached by the IRB concerning their claim.

If I disagree with the conclusions of the IRB’s investigation, what rights do I have to obtain further review? 

The existence of the IRB does not create or confer any “right” on those who bring claims of actual innocence, wrongful conviction, or injustice. For this reason, there is no “right” to appeal its determinations. Claimants (or their representatives) who disagree with the conclusions of the IRB’s investigation may request an opportunity to speak with the Chief of the IRB, but whether to grant such a request is a matter solely within the discretion of the Chief of the IRB and the District Attorney’s Office.

Because the IRB’s investigation is not part of a court proceeding, the IRB’s decisions or recommendations do not prevent a claimant from raising the same claims of innocence, wrongful conviction, or injustice in a court filing.