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Southflaguy
07-03-2008, 08:47 PM
It's great when they catch the bad guys, but it's awsome when an innocent person is set free...

http://news.yahoo.com/s/ap/20080703/ap_on_re_us/dna_exoneration;_ylt=AnG9_cRrgbXYZswvpOMQ0MMXIr0F

Texas man freed by DNA after 15 years in prison
By JEFF CARLTON, Associated Press Writer
Thu Jul 3, 6:29 PM ET



DALLAS - A Texas man who spent more than 15 years in prison after being wrongly convicted of kidnapping and robbery raised both arms skyward and collapsed in his mother's embrace Thursday after being told he was a free man.

Patrick Waller's sobs were the only sound at a crowded hearing attended by four other inmates also exonerated by DNA testing.

"It's all right, honey," Patricia Cunningham told her son. "It's over. You're out of here. You're going home."

Waller had been behind bars since 1992 for aggravated robbery and aggravated kidnapping stemming from the abduction of a Dallas couple. He was proved innocent by DNA testing late last year.

"I feel vindicated," said Waller, 38. "I feel thankful. Most of all, I feel blessed."

His release had been all but certain since last week, when the Dallas County prosecutor's office announced that DNA evidence had cleared Waller and matched the profile of another man.

That suspect identified his accomplice, and both men subsequently confessed in front of a grand jury, prosecutors said. Neither man is in prison, although one is on parole, and they won't face criminal charges because the statute of limitations has expired.

Waller is the 19th man in Dallas County since 2001 shown by DNA evidence to be innocent of the crime for which he was convicted. That's more than any county in the nation, according to The Innocence Project in New York, a legal center specializing in wrongful-conviction cases.

Four former inmates who collectively served nearly 100 years in prison before being exonerated lined the back wall of the crowded courtroom. The men freed by DNA testing in Dallas County have made a habit of showing up in court for exoneration hearings, and on Thursday they presented Waller with a prepaid cell phone as a gift.

Their exoneration stories helped Waller during his incarceration.

"All these guys I just met, I have all their clippings," Waller said. "It always gave me hope that one day it would be my turn."

Waller said he plans to ask the other exonorees about the challenges of rejoining society. He is also about 20 credit hours short of a degree.

John Stickels, an Innocence Project of Texas board member and a professor at the University of Texas at Arlington, said he wants to help Waller enroll at the suburban Dallas school.

Waller's ordeal began in 1992 when two men kidnapped a couple and stole several hundred dollars. The men also sexually assaulted the woman after tying up the man, District Attorney Mike Ware said.

Another couple who drove up to the scene were also held at gunpoint. A security guard arrived and scared off the men, who fled in separate cars.

Three of the four people abducted picked Waller in a photo lineup. The fourth later picked him out of a live lineup, Ware said.

Waller maintained his innocence and presented an alibi at trial but was convicted and sentenced to life in prison. He also pleaded guilty to two charges of aggravated kidnapping, fearing more life sentences if he were convicted, said his lawyer, Gary Udashen.

In 2001, Waller requested post-conviction DNA testing under a new state law. The DA's office, then under different leadership, opposed the request, and it was denied by a judge. A second attempt in 2005 was also unsuccessful.

Bill Hill, who was the district attorney when Waller requested his DNA tests, did not return a message from The Associated Press.

Waller's 2007 request, which came after Craig Watkins had taken office as the new district attorney, was granted. Watkins has started a program in which law students, supervised by the Innocence Project of Texas, review old cases in which inmates have requested DNA testing.

In Waller's case, DNA testing was paid for by the Innocence Project of Texas.

bigislander72
07-03-2008, 10:40 PM
What really gets to me is the DA's refusal. Seems more concerned with proof that a mistake was made and looking bad than with an innocent man doing life in prison!!

Watched a movie about the innocence project, where a man was convicted of rape on eye witness testimony only, from what it seemed like it was flawed as well. When the guy was proven not to be the perp through DNA evidence, the DA was still arguing for incarceration because "he might have used a condom" and "even if he is innocent, just to be on the safe side" ect.

equinox137
07-04-2008, 12:24 AM
What really gets to me is the DA's refusal. Seems more concerned with proof that a mistake was made and looking bad than with an innocent man doing life in prison!!

Watched a movie about the innocence project, where a man was convicted of rape on eye witness testimony only, from what it seemed like it was flawed as well. When the guy was proven not to be the perp through DNA evidence, the DA was still arguing for incarceration because "he might have used a condom" and "even if he is innocent, just to be on the safe side" ect.

That sounds like the clowns that prosecuted the McMartin case back in the 80s.

TheKansan
07-04-2008, 12:38 AM
I truly feel sorry for this man. 15 years in prison. His friends and family believing for years that he was a kidnapper and rapist. His life is potentially damaged beyond repair, even with the exoneration. I know that a case like his is rare, but I know that as a leo, I must do whatever possible to make sure 100% that the suspect is guilty. I could only imagine how horrible it was for him.

ComicGuy
07-04-2008, 09:00 AM
How is it that his lawyer didn't demand DNA testing before the trial?
It was 1992 not 1962; in the early nineties DNA wasn't exactly "new, cutting-edge science" that no one had ever heard of...

Mstangfk
07-04-2008, 02:40 PM
ive heard that in some states, even if the person is exonerated they still have a record, which seems like BS to me..

half of them if they dont sue successfully cant get hired at anything but minimum wage jobs.

KY Blue 72
07-04-2008, 03:13 PM
What does the Texas Justice system say to a guy like him? "Thats our bad man. No hard feelings right?"

GWBJR
07-05-2008, 07:57 PM
How is it that his lawyer didn't demand DNA testing before the trial?
It was 1992 not 1962; in the early nineties DNA wasn't exactly "new, cutting-edge science" that no one had ever heard of...

After researching this a bit I don't think it would have made a difference, this all was started in the era of Henry Wade: as in Roe vs Wade, to him it was win at all cost. There appears to be more individuals exonerated in Dallas County (where he was the DA) through DNA evidence than in most states. Sobering thought, if you were arrested for a crime you did not commit in his era, and several following, chances were you would be convicted.

adamt35
07-06-2008, 07:08 AM
What does the Texas Justice system say to a guy like him? "Thats our bad man. No hard feelings right?"

good thing they didn't have to write that on his gravestone..

I can't imagine the frustration that this guy went through..
What do pro-death penalty people say about cases like this?

Southflaguy
07-06-2008, 12:15 PM
good thing they didn't have to write that on his gravestone..

I can't imagine the frustration that this guy went through..
What do pro-death penalty people say about cases like this?

I'm pro-death penalty...I think the death penalty should be applied to "slam dunk" cases...

KW905
07-06-2008, 10:23 PM
He will be a rich man after he sues for wrongful imprisonment he should get a million for every year served.

JMTX
07-07-2008, 01:54 AM
I'm pro-death penalty...I think the death penalty should be applied to "slam dunk" cases...
Ditto.

I believe in the dath penalty for people who plead guilty to a murder, and those who can be linked beyond a shadow of a doubt, preferably through DNA evidence, to the murder.

LeanG
07-07-2008, 07:35 AM
He also pleaded guilty to two charges of aggravated kidnapping


What would you do? Plead guilty and get over 15 years for a crime you didn't commit or plead not guilty take your chances in court where 3 people positively identified you and spend life behind bars if convicted? That's the kind of stress I wouldn't wish on my worst enemies

Maddogg123
07-07-2008, 12:49 PM
good thing they didn't have to write that on his gravestone..

I can't imagine the frustration that this guy went through..
What do pro-death penalty people say about cases like this?I say this is an exception and not the rule.