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trailmonkee

(2,681 posts)
Fri Aug 24, 2012, 03:47 PM Aug 2012

Texas man freed after DNA clears him of 1989 rape

Source: AP

FORT WORTH, Texas (AP) - A North Texas man has been freed more than two decades after he was wrongly convicted of raping a 14-year-old Fort Worth girl.

David Lee Wiggins was convicted in 1989 after the girl picked him out of a photo lineup. He was sentenced to life in prison, but DNA testing earlier this month excluded Wiggins as the person who committed the crime.

Judge Louis Sturns in Fort Worth on Friday freed Wiggins on bond pending his formal exoneration. Tarrant County prosecutors say DNA evidence demonstrated the man's innocence.

Wiggins would be the second person to have a conviction overturned by DNA in Tarrant County since 2001.


Read more: http://www.kwqc.com/story/19369997/texas-man-freed-after-dna-clears-him-of-1989-rape



video link to news report.... looks like he was helped by 'The Innocence Project'

http://abclocal.go.com/ktrk/story?section=news/state&id=8784932
30 replies = new reply since forum marked as read
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Texas man freed after DNA clears him of 1989 rape (Original Post) trailmonkee Aug 2012 OP
Wow. That is rough. nt ZombieHorde Aug 2012 #1
Was he in for a "legitimate" rape? RBInMaine Aug 2012 #2
Seems so, since he went to jail for 23 years 4th law of robotics Aug 2012 #8
Not "mere accusation" - bad prosecution REP Aug 2012 #13
But that's all the evidence they had 4th law of robotics Aug 2012 #28
Yup. I agree. (Just had to take that swipe at the RePUKES.) RBInMaine Aug 2012 #20
Horrific 4th law of robotics Aug 2012 #3
we need to make testing of all prisoners mandatory trailmonkee Aug 2012 #18
He is extra lucky the victim wasn't murdered pkdu Aug 2012 #4
Why did it take so many years to do the test? muriel_volestrangler Aug 2012 #5
in the video, sounds like he applied in 1989? when he was arrested.... trailmonkee Aug 2012 #6
The defense is required to pay for the tests Did I Just Type This Aug 2012 #21
I was curious about the costs and did a google search. Looks like they're @ $1500 riderinthestorm Aug 2012 #27
Texas does not routinely pay for DNA tests DavidL Aug 2012 #7
I bet Texas is going to pay for this one! Yavapai Aug 2012 #10
More precise "rule-out" tests done recently DavidL Aug 2012 #11
States and prosecutors tend to fight that stuff tooth and nail. (nt) Posteritatis Aug 2012 #19
In the Michael Morton case jsr Aug 2012 #26
Sadly, this doesn't only happen it Texas. it happens in the US also. olddad56 Aug 2012 #9
Bwahahahaha! valerief Aug 2012 #12
HA! It takes a lot to get me to laugh at something on DU. Brickbat Aug 2012 #23
Olddad56 To Texas DU'ers: Go Fuck Yourselves. (nt) Paladin Aug 2012 #29
your words not mine. Maybe you are taking yourself a bit too serious. olddad56 Aug 2012 #30
I'd love to see the prosecutors spend 23 years in prison....n/t radhika Aug 2012 #14
There needs to be sanctions for prosecutorial misconduct. jerseyjack Aug 2012 #15
Proves once again that the reliability of eye witnesses is, well, unreliable. Citizen Worker Aug 2012 #16
Thanks to "The Innocence Project" ailsagirl Aug 2012 #17
I'd sue the hell out of them PD Turk Aug 2012 #22
What is taking so long to verify convicts' guilt by testing DNA evidence? Incitatus Aug 2012 #24
There are no words. nt msanthrope Aug 2012 #25
 

4th law of robotics

(6,801 posts)
8. Seems so, since he went to jail for 23 years
Fri Aug 24, 2012, 05:20 PM
Aug 2012

To have your life ruined over a mere accusation, with no evidence. . . this is something out of our dark past or in a third world dictatorship.

This shouldn't happen here. Ever.

REP

(21,691 posts)
13. Not "mere accusation" - bad prosecution
Fri Aug 24, 2012, 06:00 PM
Aug 2012

The victim of this crime said he looked similar. She did not accuse this man; the prosecutors took this weak evidence to trial instead of insisting that a match for the fingerprints at the scene be found. "Mere accusation" heavily implies that that victim went out of her way to blame an innocent man when the fault lies with lazy investigation and prosecution.

 

4th law of robotics

(6,801 posts)
28. But that's all the evidence they had
Sat Aug 25, 2012, 12:19 PM
Aug 2012

an accusation. It doesn't mean the girl had any ill-will towards him. But her statement was their sole piece of evidence. Well that and he was a man (and I'll hazard a guess that he was a black man at that).

And I'd say it was a bad defense since the prosecution achieved their goal.

trailmonkee

(2,681 posts)
18. we need to make testing of all prisoners mandatory
Fri Aug 24, 2012, 08:04 PM
Aug 2012

Or else the states that hold our prisoners we be de-incentivised to test them in fear of going broke... Kind of a bad situation right note

pkdu

(3,977 posts)
4. He is extra lucky the victim wasn't murdered
Fri Aug 24, 2012, 03:55 PM
Aug 2012

Otherwise " little boots " would have fried him years ago and giggled while doing it .

 
21. The defense is required to pay for the tests
Fri Aug 24, 2012, 09:25 PM
Aug 2012

Most people can't afford the tests, they are very expensive and require several agencies to conduct the test. Three or more independent testing facilities are generally used to overturn a conviction.

 

riderinthestorm

(23,272 posts)
27. I was curious about the costs and did a google search. Looks like they're @ $1500
Sat Aug 25, 2012, 11:51 AM
Aug 2012

Welcome to DU by the way...

I was wondering if the costs to test the DNA were so much greater than keeping a human in jail for that many years so I looked it up. While my search isn't completely definitive, I'm going to guess its probably a LOT cheaper to simply get the tests done than imprison an innocent person for decades. Its weird to me that the prosecution fought the requests for DNA testing for so long. Just really tragic.


" Q: What are the costs of testing DNA?

Costs vary from lab to lab and depend upon the size and condition of the sample to be tested. The most simple--though still comprehensive and comparative--tests for a fairly well-sized, well-preserved sample will not cost less than $1,500."

http://www.pbs.org/wgbh/pages/frontline/shows/dna/etc/faqs.html

 

DavidL

(384 posts)
7. Texas does not routinely pay for DNA tests
Fri Aug 24, 2012, 04:26 PM
Aug 2012

requested by defendants.

There may have been legal delays, or problems with getting a defense team to either raise funds to pay for independent testing or to seek a court order within Texas to have the state conduct it.

 

Yavapai

(825 posts)
10. I bet Texas is going to pay for this one!
Fri Aug 24, 2012, 05:33 PM
Aug 2012

They should pay so much that they are afraid to not deny others who are going through the same thing.

I hope they sue for so much that he is compensated richly and maybe be forced to set up a fund for DNA tests
so others may be freed.

 

DavidL

(384 posts)
11. More precise "rule-out" tests done recently
Fri Aug 24, 2012, 05:34 PM
Aug 2012

Evidently, previous tests were done, (at the request of defense), and they were "inconclusive".

jsr

(7,712 posts)
26. In the Michael Morton case
Fri Aug 24, 2012, 11:57 PM
Aug 2012

The prosecutor, Ken Anderson, a noted expert on Texas criminal law, is now a state district judge... For six years, the Williamson County district attorney, John Bradley, fought the request for DNA testing, based on advice from Judge Anderson, his predecessor and friend. In 2010, however, a Texas court ordered the DNA testing, and the results showed that Mrs. Morton’s blood on the bandanna was mixed with the DNA of another man: Mark A. Norwood, a felon with a long criminal history who lived about 12 miles from the Mortons at the time of the murder. By then, Mr. Morton had spent nearly 25 years in prison.
http://www.nytimes.com/2011/12/19/us/texas-man-seeks-inquiry-after-exoneration-in-murder.html

ailsagirl

(22,899 posts)
17. Thanks to "The Innocence Project"
Fri Aug 24, 2012, 08:02 PM
Aug 2012

I'm so glad he's free but how do you compensate for the last 14 years of life behind bars? No amount of money-- nothing-- can ever bring that time back. So sad.

Incitatus

(5,317 posts)
24. What is taking so long to verify convicts' guilt by testing DNA evidence?
Fri Aug 24, 2012, 10:39 PM
Aug 2012

I've heard several of these stories. Hasn't DNA testing been around since the early 90s?

Are states reluctant to do this because they would rather keep innocent people in jail than risk being sued?

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