Texas man freed by DNA after 15 years in prison (Full Version)

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Marcus. -> Texas man freed by DNA after 15 years in prison (7/4/2008 10:46:50 AM)

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."

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WormHeart -> RE: Texas man freed by DNA after 15 years in prison (7/5/2008 6:46:38 AM)

Great news. [:)]

They ought to re-examine more cases with DNA testing.

WormHeart



PaleHawkWoman -> RE: Texas man freed by DNA after 15 years in prison (7/6/2008 12:44:59 PM)

I wish the justice system would remember it supposed to uphold justice, not just see how quickly it can get someone convicted for a crime. All proper procedures must be followed, all evidence properly examined, and all of the participating law enforcement, legal, and judicial authorities fully competent and committed to seeking out the truth so that the innocent are exonerrated and the guilty are discovered and convicted.

No innocent person should ever be convicted of a crime they did not commit. No guilty person should ever be freed on a technicality due to someone not following proper procedure or valid evidence being withheld.



rlj -> RE: Texas man freed by DNA after 15 years in prison (7/6/2008 10:44:59 PM)

quote:

No innocent person should ever be convicted of a crime they did not commit. No guilty person should ever be freed on a technicality due to someone not following proper procedure or valid evidence being withheld.


Instead the only thing that matters is how good of counsel you can afford.



dawgfan42 -> RE: Texas man freed by DNA after 15 years in prison (7/7/2008 2:35:11 AM)

Yeah I know that a few weeks ago a man was freed after 27 years in prison. What is wrong with this picture? Are prosecutors and politicians afraid of "losing face" if they realize OMG I might have made an error. It has alot to do more with economics. Who can afford to hire a high power atty,get experts into the courtroom,and so on. Sheesh we can put people in orbit we can do so much better than this. Also as far as economics go wise thinking. they wasted about probably over $500,000+ where if they paid the few thousand for a DNA test this all could have been avoided. Way to go politicians...



Sophie11 -> RE: Texas man freed by DNA after 15 years in prison (7/7/2008 8:48:02 AM)

quote:

ORIGINAL: dawgFan_42

Yeah I know that a few weeks ago a man was freed after 27 years in prison. What is wrong with this picture? Are prosecutors and politicians afraid of "losing face" if they realize OMG I might have made an error. It has alot to do more with economics. Who can afford to hire a high power atty,get experts into the courtroom,and so on. Sheesh we can put people in orbit we can do so much better than this. Also as far as economics go wise thinking. they wasted about probably over $500,000+ where if they paid the few thousand for a DNA test this all could have been avoided. Way to go politicians...



DNA testing wouldn't have really been being used 27 years ago, so as far as that case goes it really wasn't an option back then.



StephK -> RE: Texas man freed by DNA after 15 years in prison (7/7/2008 9:05:14 AM)

There have also been cases where the person behind bars swore up and down he was innocent and had the testing done and it proved beyond a shadow of a doubt the person's guilt. So I say test them all if there is adequate dna samples in the old cases.



Sophie11 -> RE: Texas man freed by DNA after 15 years in prison (7/7/2008 9:15:51 AM)

quote:

ORIGINAL: StephK

There have also been cases where the person behind bars swore up and down he was innocent and had the testing done and it proved beyond a shadow of a doubt the person's guilt. So I say test them all if there is adequate dna samples in the old cases.


I agree. The cost would be minimal and well worth it if it vindicated even just a few people.



rlj -> RE: Texas man freed by DNA after 15 years in prison (7/7/2008 12:09:44 PM)

quote:

I agree. The cost would be minimal and well worth it if it vindicated even just a few people.


Or if it was compared to additions to the database and brought a conviction.



DaveW -> RE: Texas man freed by DNA after 15 years in prison (7/7/2008 2:00:22 PM)

That would mean they might have to re-open investigations to find out who REALLY did it.......



Marcus. -> RE: Texas man freed by DNA after 15 years in prison (7/7/2008 3:34:56 PM)

Remember DNA testing is a relatively new forensic science.



DaveW -> RE: Texas man freed by DNA after 15 years in prison (7/8/2008 6:44:38 AM)

That is true. But that does not mean that they did the proper police work back in the day. If they did, the wrong guy/gal would not have been convicted. DNA evidence just makes that job easier.



mapachito13 -> RE: Texas man freed by DNA after 15 years in prison (7/8/2008 8:10:04 AM)

I have seen too many times where cops trying to close another case and prosecutors going for the "W" have gone after people that they feel they can "pin" the crime on like a nightmarish game of pin the tail on the donkey. Sometimes this requires fitting "square" evidence into a "round" truth hole.

I've found that prosecuting attourneys are a bigger reason than sloppy police work in this miscarriage of justice. They will disallow (or sometimes hide) key evidence for the defense. They bully and intimidate defense witnesses who dispute the official version of events and other tactics that show they are not after the RIGHT guy but that they are after THIS guy.

They also have an arrogance that is unbelievable. I experienced this firsthand whan I was the main "prosecution" witness in a gang case. The defendant's court appointed attourney showed me more respect and was more polite to me than the prosecutor who wouldn't even return my phone calls and didn't even acknowledge me on the date of the trial (other than to question me). I almost wanted to shout at the man, "Hey! I'm on your side! He's the criminal!"

Thank God at least in this country there are avenues to discover and address these issues. But what it takes is a strong commitment to justice (getting the RIGHT guy) and not just legal proceedings.



19ramman85 -> RE: Texas man freed by DNA after 15 years in prison (7/8/2008 8:11:39 AM)

This is another reason I am solidly against the death penalty, albeit, a small one.

Getting a DNA match-up, during an investigation- has surely been a blessing in a way to most investigators, prosecutors- and not to forget- innnocent people who are charged with a crime- even if they have a air tight aliby.

And if I remember my forensics- the type of DNA testing that is in use today- is a lot more precise, than the type they used even 5 years ago.



-charles



Marcus. -> RE: Texas man freed by DNA after 15 years in prison (7/8/2008 9:38:04 AM)

What I was intimating was that the physical evidence that might contain the DNA evidence may have been discarded by now because the information needed had been obtained with little thought to improvements in the forensic science.



19ramman85 -> RE: Texas man freed by DNA after 15 years in prison (7/8/2008 11:31:56 PM)

quote:

ORIGINAL: Marcus.

What I was intimating was that the physical evidence that might contain the DNA evidence may have been discarded by now because the information needed had been obtained with little thought to improvements in the forensic science.



Yes- unfortunately this has happened, either - that or it has been lost, contaminated, etc.


-charles



Marcus. -> RE: Texas man freed by DNA after 15 years in prison (7/12/2008 1:43:10 PM)

It does make me wonder how long evidence is stored from crimes. Seems like the space needed would force the courts/law enforcement community to have their own warehouses after a while.



dawgfan42 -> RE: Texas man freed by DNA after 15 years in prison (7/12/2008 10:03:39 PM)

Remember that idiot District Atty Michael Nifong who "wanted a conviction" - "at all costs". Part of it is a matter of losing face.. Sort of a game of that is of we spent so much money on this case that "Someone is going to pay" and the way that the system works is that when it is wrong the accuser faces no real penalty. When if in open court that would be perjury..



Marcus. -> RE: Texas man freed by DNA after 15 years in prison (7/12/2008 10:06:18 PM)

She could have been tried for filing a false police report. She can also be sued for slander and libel civilly.



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