DNA clears man of 1981 rape conviction

[gully]

http://news.yahoo.com/s/ap/20061101/ap_on_re_us/conviction_cleared

DALLAS - A decorated Vietnam veteran convicted of rape 25 years ago became a free man Tuesday after a judge ruled he probably wouldn't have been found guilty if DNA testing had been available.

Specialized DNA testing performed this year proved Larry Fuller, 57, was not the assailant who raped a Dallas woman in her home. Fuller has spent about two decades in prison for the crime.

"My faith was tested and I won," he said, trembling slightly as he left the courthouse carrying two worn paperback Bibles.

Fuller was sentenced in 1981 to 50 years behind bars after jurors convicted him of aggravated rape. Authorities claimed that he broke into a 37-year-old woman's apartment and raped her, using a butcher knife to cut her as she struggled.

[silverweb]

1. Our "justice" system needs a major overhaul.

Like not allowing suppression of evidence!

"Fuller served 18 years in prison before being released in 1999. He was sent back to prison last year for a parole violation. All the while, he professed his innocence and tried to prove it through DNA. This year, the Dallas County prosecutor's office agreed to allow the additional testing."

I wish Mr. Fuller a long and happy life. He certainly deserves it.

[gully]

2. Agreed, how many innocent poor people are executed

because they can't afford a solid defense?

[silverweb]

3. Absolutely.

That's #1, the inequity of the system and its inherent bias against the poor.

Further, it absolutely infuriates me when a court will NOT PERMIT new evidence to be introduced, especially DNA and other scientific evidence.

Our laws need serious overhauling for sure.

When truth and justice are at stake, everything is relevant and no pertinent evidence should be barred.

[Ohio Joe]

9. Everything is relevant? No pertinent evidence barred?

When talking defense, I think I can agree. When talking prosecution, I would still say that evidence obtained illegally should still be barred.

[valerief]

4. It's wonderful he's out, but I think his "faith" let him down for 20 yrs. nt

[gully]

7. Perhaps his faith is what kept him sane?

I don't know that everyone expects their faith to save them from the ills of mankind.

[primavera]

12. You're assuming he still is sane

20 years in a Texas prison is enough to make just about any sane person insane.

[gully]

13. This is true.

I'm sure there are effects that are lasting.

[MannyGoldstein]

5. A Wrongful Conviction in Texas

How surprising :eyes:

And if the woman had been killed, and The Smirk was governor, Mr. Fuller would have been the Late Mr. Fuller.

[MountainLaurel]

14. And we never would have known

Because, I believe, there never has been a case reopened or DNA evidence checked after the supposed perpetrator has been exec¨ted.

[madmusic]

6. DNA Testing Clears 10th Dallas County Man in 5 Years

By JEFF CARLTON
Associated Press Writer

DALLAS -- A man convicted of rape 25 years ago is expected to be freed from prison Tuesday, making him the 10th Dallas County man in five years exonerated by DNA testing.

Officials from the Innocence Project, a New York-based legal clinic that seeks to uncover wrongful convictions, said the number of overturned cases is "unprecedented and troubling." They plan to ask the district attorney's office to investigate whether there is a pattern to the cases.

"Quite frankly, 10 exonerations in Dallas County is more than some other states have had," said Vanessa Potkin, an Innocence Project lawyer. "Nowhere else in the country have we had so many wrongful convictions exposed in such a short period of time."

snip

n Fuller's case, he was convicted after a rape victim misidentified him. In April 1981, a Dallas woman was attacked and raped in her bedroom. When police showed her photographs of potential suspects two days later, she did not identify Fuller, according to the Innocence Project.

Several days later, police showed her a second group of photos. The photograph of Fuller was the only one that appeared in both arrays. Although the victim said her attacker did not have facial hair, and Fuller was pictured with a full beard, she identified him and he was arrested.

Fuller was 32 at the time, raising two children with his girlfriend. Years earlier, as a student at Dallas Baptist College, he was drafted by the Army. He served two tours of duty, volunteering for the second one. He eventually received an Air Medal and an honorable discharge.

http://www.myfoxdfw.com/myfox/pages/News/Detail?contentId=1334446&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.2.1

[mainegreen]

8. They'll probably give him $10 and expect that to be that. nt

[RebelOne]

11. Let's hope he gets a good lawyer to collect

more than just $10.

[NorthernSpy]

10. a number of rape cases from the 80s have fallen apart...

... when evidence was subjected to DNA analysis.

Some of these people have served decades after a conviction based solely on being fingered in a lineup.

One person's say-so should not be considered sufficient evidence for finding someone guilty of a serious crime. Even the Old Testament forbade that.

Some witnesses lie, and honest witnesses can be mistaken.


That is why we always presume in favor of the accused wherever a reasonable doubt exists. At least, that's what we're supposed to do.

[Umbram]

15. Presumption of innocense - a good thing in theory

...but read enough posts concerning alleged rapes or molestations on these
forums and it becomes clear just how infrequently it's applied.