Dallas County records 12th DNA case

[one...two...tree 2,762]

By JEFF CARLTON, Associated Press Writer

In a case that has renewed questions about the quality of Texas justice, a man who spent 10 years behind bars for the rape of a boy has become the 12th person in Dallas County to be cleared by DNA evidence.

That is more DNA exonerations than in all of California, and more than in Florida, too. In fact, Dallas County alone has more such cases than all but three states — a situation one Texas lawmaker calls an "international embarrassment."

James Waller, 50, was exonerated by a judge earlier this week and received an apology from the district attorney's office after a new type of DNA testing on hair and semen showed he was not the rapist who attacked a 12-year-old a boy living in Waller's apartment building in 1983. The boy had been the chief witness against him.

"It's been a long, horrible road," said Waller, who has been out on parole since 1993.

Only New York, Illinois and Texas have had more DNA exonerations than Dallas County, which has a population of 2.3 million, according to the Innocence Project, a New York-based legal center that specializes in overturning wrongful convictions.

"These are appalling mistakes, and in the case of Dallas County, there have been so many," said Democratic state Sen. Rodney Ellis of Houston, who is sponsoring a bill to create Texas Innocence Commission to scrutinize the state's criminal justice system.

A similar bill failed to reach the floor in the past two legislative sessions. But "my colleagues in the Senate, in particular, are beginning to see these are human lives we are talking about," Ellis said. "There are times when we make mistakes, and when we do, we ought to be big enough to admit it."

Since the nation's first DNA exoneration in 1989, 26 defendants have been cleared in Illinois, including 11 in Chicago's Cook County, according to the Innocence Project. There have been 21 exonerations each in Texas and New York, nine in California and six in Florida, the organization said.

In Dallas County, about 400 prisoners who filed wrongful-conviction claims have received DNA testing, leading to the 12 exonerations, said Trista Allen, a spokeswoman for the district attorney's office. New District Attorney Craig Watkins, who took office two weeks ago, is determined to look into the underlying causes, she said.

"DNA testing is to make sure innocent folks are not in jail," Allen said. "If you are not guilty, we want to get you out of jail. We're not going to be the DA that stands in the way."

Barry Scheck, co-director of the Innocence Project, said the number of exonerations in Dallas County "demands a closer look and statewide action." He said there is no clear reason there have been so many wrongful convictions in Dallas, but "many of the cases have to do with eyewitness identification."

That was true with Waller. A day after the rape, the boy was at a convenience store when he heard Waller's voice and became convinced Waller was the man who attacked him in his apartment.

Earlier, the boy had told police that he never saw the attacker face-to-face and that the man had worn a bandanna covering most of his face. Waller was also heavier and taller than the man described by the youngster.

Waller and his family were the only black residents of the apartment complex, according to the Innocence Project.

He began seeking DNA testing in 1989. Since his parole, he has had to register as a sex offender, but his lawyers are trying to get that requirement lifted.

[peejay 327]

I'm glad justice has prevailed and an innocent has been exonerated by modern technology that wasn't available not so many years ago. It shows that society must strive even harder to make sure such things don't happen in the future. Sad to say, but eyewitness testimony is the least reliable method to use as evidence and one witness is far less reliable than 10. Better to back it up with forensic evidence.

[de_sjiem 0]

Reminds me of the latest John Grisham book "The Innocent Man".. its pretty good.. this guy was also unfairly accused and released later due to DNA evidence.. Its scary to think of how many more people are behind bars for something they didn't do, or even worse, put to death for something they didn't do!

[pedroh 21]

and that's it? only an apologize? #######.. i'd be suing everybody for a gazillion dollars.. and smack the kid in the head for being a dumbarse..

[GaryC 7]

Jury's convict the accused. It's not the fault of the state that someone is convicted wrongly. If the jury says guilty and recommends the death penalty then the state must accept the judgment and will usually go along with the recommended sentence. It's good that DNA gets some wrongly convicted people off of death row but it isn't an "international scandal".

and that's it? only an apologize? #######.. i'd be suing everybody for a gazillion dollars..

Who they gonna sue? The jury? The prosecuter? The state? If there is someone at fault then it is only his defense lawyer for being incompotant.

[dalegg 143]

Reminds me of the latest John Grisham book "The Innocent Man".. its pretty good.. this guy was also unfairly accused and released later due to DNA evidence.. Its scary to think of how many more people are behind bars for something they didn't do, or even worse, put to death for something they didn't do!

I think it should work both ways. If DNA evidence proves the innocence of a man behind bars he should be set free immediately and awarded at least $50,000 for every year spent in prison, but if it proves beyond a doubt he's guilty, he should be moved from prison to death row and his family charged the cost of the DNA testing.

[Robor007 0]

This kind of situation brings up the story posted earlier today about the guy paying the mother for sex with the underage daughter. Hopefully DNA evidence will be available to prove one way or the other.

[Artegal 1]

Sadly Dallas County maybe leading in stats of DNA exonerations because they are actually allowing further testing to proceed, and not because they are framing people in the first place--but because many states, counties, etc. refuse to run DNA test--even in cases where clearly there is enough doubt to warrant the further testing. If there is physical evidence it should be test immediately and once and for all no matter the cost, time, or embarrassment to law enforcement or prosecutors office. DNA test done in the Duke Lacrosse Fiasco upfront exonerated all of the so-called perpetrators in that case--the results were delayed until after the DA in that case was reelected to office--another travesty.

And in other news:

DNA clears man in 1985 rape

DNA evidence has cleared an Atlanta man who has served 21 years in prison after being convicted of raping and kidnapping a woman at a Sandy Springs apartment complex in 1985, the man's lawyers said Friday.

Willie O. "Pete" Williams, who is now 44, was convicted largely on the eyewitness testimony of the rape victim and of another woman who was assaulted — though not raped — a few days later in the parking lot of another Roswell Road complex.

prison, Williams has maintained his innocence. He was first notified of the new DNA test results on Friday in the southeast Georgia prison where he is incarcerated.

No hearing date has been set to decide if or when he will be released, said Lisa George, a spokeswoman for the Georgia Innocence Project. Right now, Williams is not eligible for parole until 2021.