DALLAS -A Texas man had his conviction overturned Tuesday for a rape and robbery he didn't commit after serving 30 years in prison, more time than any other inmate subsequently exonerated by DNA evidence in his state.
Cornelius Dupree Jr., 51, was formally cleared of the aggravated robbery with a deadly weapon conviction that had kept him behind bars from December 1979 until July of 2010. He served 30 years of his 75-year sentence before making parole in July. About a week later, DNA test results came back proving his innocence.
"It's a joy to be free again," Dupree said after the ruling in a Dallas courtroom.
Dupree is the longest-serving inmate cleared by DNA evidence in Texas, which has freed 41 wrongly convicted inmates through DNA since 2001 — more than any other state.
Nationally, only two others who have been exonerated by DNA evidence spent more time in prison, according to the Innocence Project, a New York-based legal center representing Dupree that specializes in wrongful conviction cases. James Bain was wrongly imprisoned for 35 years in Florida, and Lawrence McKinney spent more than 31 years in a Tennessee prison.
The DNA testing in Dupree's case also excluded a second defendant, Anthony Massingill, who was subsequently convicted in another sexual assault case and sentenced to life in prison. Massingill remains in prison but maintains his innocence. DNA testing in that second case is ongoing.
Sitting on the courtroom benches were at least six other Texas men wrongly imprisoned but later cleared by either DNA testing or other means. The men have made a habit of showing up together every time a new man is declared innocent.
Dupree was charged in 1979 with raping and robbing a 26-year-old woman. He was sentenced a year later to 75 years in prison for aggravated robbery. He was never tried on the rape charge.
According to court documents, the woman and her male companion stopped at a Dallas liquor store in November 1979 to buy cigarettes and use a payphone. As they returned to their car, two men, at least one of whom was armed, forced their way into the vehicle and ordered them to drive. They also demanded money from the two victims.
The men eventually ordered the car to the side of the road and forced the male driver out of the car. The woman attempted to flee but was pulled back inside.
The perpetrators drove the woman to a nearby park, where they raped her at gunpoint. They debated killing her but eventually let her live, keeping her rabbit-fur coat and her driver's license and warning her they would kill her if she reported the assault to police. The victim ran to the nearest highway and collapsed unconscious by the side of the road, where she was discovered.
Dupree and Massingill were arrested in December because they looked similar to two suspects being sought in another sexual assault and robbery. The 26-year-old woman picked both men out of a photo array, but her male companion did not identify either defendant in the same photo array.
Dupree was convicted and spent the next three decades appealing. The Court of Criminal Appeals turned him down three times.
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13 comments:
D.N.A. is a very unique and helpful tool. In this instance it prevents people that were unjustly accused of serious crimes they did not commit. In addition, zealous judges, prosecutors and law enforcement agents can no longer incarcerate individuals for self promotion. However restitution and retribution to these individuals responsible for such in justices is another issue.
Cases such as these are just the tip of the iceberg. There are so many others imprisoned because of lack of evidence and prosecutors who are looking to get the conviction rather than investigate thoroughly. This is 30 yrs he will never get back. Lost family, friends and a lifetime of memories and freedom he was not a part of. No dollar amount can be calculated to repay what he has lost.
DNA testing by way of oral swabs is by far the standard procedure of sample collection as it's really quick to perform; nevertheless DNA tests, such as paternity testing.
DNA Tests
The allegation that was brought up against a man that was innocent all this time should have been investigated a little better.If someone is being accused of a crime that he committed then why dont the police try to find evidence that prove this person to have cause a crime that is wrong.
thomas
Did they do DNA testing when this happen 30 plus years ago, especially since the male in the vehicle did not or where not able to identify the suspects
This is the problem with the justice system now and days. An innocent man was sent to prison for 30+ years for a crime he did not commit. His freedom was taken away from him when they sentenced him to 75 years in prison, just because he was identified similar to the criminals who actually caused harm to the young lady. I personally believe that before some one is accused of any crime, the person in charge of the case must have enough evidence before sending innocent people to jail for a very long time. After being wrongly accused of a crime that he did not commit, he now lost 30+ years of his life behind bars. Excuse my language but I personally believe that this crime is a bunch of b/s.
DNA testing is excellent helping in capturing criminals. But also helping other that for some reason were wrongly convicted. It's hard to believe that these guys were arrested only because they looked like the suspects, instead of investigating further and like this case there are many.
I think that it is horrible that innocent people are found guilty of crimes that they did not commit. They lose precious time that can never be replaced or repaid. DNA evidence is something that I feel should be standardly don to each and every case but especially with those that have such heavy penalties. The expense cannot possibly be as high as it cost to imprison someone for 30+ years as well as allowing the real culprit to remain free possibly doing more damage to society.
It's a shame that he spent so long in jail for a crime that he did not commit. What scares me is that I've been running across a lot of stories lately that say these DNA labs are experiencing internal tampering. If more stringent rules and regulations aren't placed on these labs, There will come a time when even DNA won't be able to save the wrongfully convivted.
It is clear they did not do a DNA test 30 years ago. It make you wonder if a witness cannot ID how do they convict.
swright
the number of innocent people behind would be shocking if we were ever to know it.
s.d. cji102. 4954
Thank for DNA. Not everyone sitting in jail would get this lucky but you can't give this man back 30 years. Things move so slowly in the criminal system. There will always be some innocent person sitting in prison for the rest of their lifes. There are not alot of staff or capability to take out time with each criminal case but if their was I think more innocent people would be revealed.
Once they lock you up and throw away the key the system is done with you and they don't try to go back to see if there are any mistakes all they want is time out of that person even they have to die in prison.
Arbubaker-1221
CJI-102
Thank for DNA. Not everyone sitting in jail would get this lucky but you can't give this man back 30 years. Things move so slowly in the criminal system. There will always be some innocent person sitting in prison for the rest of their lifes. There are not alot of staff or capability to take out time with each criminal case but if their was I think more innocent people would be revealed.
Once they lock you up and throw away the key the system is done with you and they don't try to go back to see if there are any mistakes all they want is time out of that person even they have to die in prison.
Arbubaker-1221
CJI-102
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