A man serving time in prison because of a robbery and kidnapping conviction in 2000 will be released because of a new agreement with the Denver District Attorney’s Office that led to a resentencing of time served. 

Jason Hogan, 43, received a 77-year prison sentence after he was found guilty of kidnapping and robbing a woman at the Cherry Creek Shopping Center, the DA’s office said in a news release. But the office’s Conviction Review Unit — launched in 2022 — received concerns about police work that eventually led to Hogan’s conviction. The Korey Wise Innocence Project (KWIP) represented him in working with the Conviction Review Unit.

District Attorney Beth McCann said in the statement that information about a similar robbery following the one Hogan was accused of was not disclosed to prosecutors or his defense attorneys at the time. 

“We were not able to conclude that Mr. Hogan did not commit this crime but given the fact that there was a subsequent very similar robbery and that information was not provided to us at that time so it could be disclosed to the defense counsel, we agreed that it was fair and in the interest of justice to resolve the case in this manner.”

The Korey Wise Innocence Project said in a statement Hogan’s conviction turned on the victim’s identification of him as the perpetrator. He maintained his innocence, and reached out to the organization in 2015.

“Though victims understandably want to help police and identify the person who harmed them, eyewitness identification is notoriously unreliable,” said the KWIP’s director, Anne-Marie Moyes, in a statement. “When a crime victim gets only a brief view of the perpetrator in very stressful circumstances — as was true in Hogan’s case — accuracy rates are very low.”

McCann agreed to a new plea for second-degree kidnapping and a resentencing to time served for Hogan. As part of the plea, Hogan maintains his innocence but acknowledges evidence exists that could lead to a conviction by a jury, according to the release. It’s called an Alford Plea. 

McCann spoke with both the victim and Denver Police Chief Ron Thomas, the release said.

Since the launch of the Conviction Review Unit, the DA’s office has received 45 applications for sentence reductions, 26 requests for clemency and 42 applications for actual innocence filed. 

McCann said at the time of its creation, there needs to be a substantial basis for believing credible evidence exists of the person’s innocence exists. The unit also reviews clemency applications from the governor’s office and certain sentences that may not be compatible with current law or fairness standards.