Another Conviction Overturned by DNA

[dukkillr]

By JEFF CARLTON, Associated Press Jeff Carlton, Associated Press – 3 mins ago
DALLAS – A Texas man declared innocent Tuesday after 30 years in prison could have cut short his prison stint twice and made parole — if only he would admit he was a sex offender.

But Cornelius Dupree Jr. refused to do so, doggedly maintaining his innocence in a 1979 rape and robbery, in the process serving more time for a crime he didn't commit than any other Texas inmate exonerated by DNA evidence.

"Whatever your truth is, you have to stick with it," Dupree, 51, said Tuesday, minutes after a Dallas judge overturned his conviction.

Nationally, only two others exonerated by DNA evidence spent more time in prison, according to the Innocence Project, a New York legal center that specializes in wrongful conviction cases and represented Dupree. James Bain was wrongly imprisoned for 35 years in Florida, and Lawrence McKinney spent more than 31 years in a Tennessee prison.

Dupree was sentenced to 75 years in prison in 1980 for the rape and robbery of a 26-year-old Dallas woman a year earlier. He was released in July on mandatory supervision, and lived under house arrest until October. About a week after his release, DNA test results came back proving his innocence in the sexual assault.

A day after his release, Dupree married his fiancee, Selma. The couple met two decades ago while he was in prison.

His exoneration hearing was delayed until Tuesday while authorities retested the DNA and made sure it was a match to the victim. Dallas County District Attorney Craig Watkins supported Dupree's innocence claim.

Looking fit and trim in a dark suit, Dupree stood through most of the short hearing, until state district Judge Don Adams told him, "You're free to go." One of Dupree's lawyers, Innocence Project Co-Director Barry Scheck, called it "a glorious day."

"It's a joy to be free again," Dupree said.

This latest wait was nothing for Dupree, who was up for parole as recently as 2004. He was set to be released and thought he was going home, until he learned he first would have to attend a sex offender treatment program.

Those in the program had to go through what is known as the "four R's." They are recognition, remorse, restitution and resolution, said Jim Shoemaker, who served two years with Dupree in the Boyd Unit south of Dallas.

"He couldn't get past the first part," said Shoemaker, who drove up from Houston to attend Dupree's hearing.

Shoemaker said he spent years talking to Dupree in the prison recreation yard, and always believed his innocence.

"I got a lot of flak from the guys on the block," Shoemaker said. "But I always believed him. He has a quiet, peaceful demeanor."

Under Texas compensation laws for the wrongly imprisoned, Dupree is eligible for $80,000 for each year he was behind bars, plus a lifetime annuity. He could receive $2.4 million in a lump sum that is not subject to federal income tax.

The compensation law, the nation's most generous, was passed in 2009 by the Texas Legislature after dozens of wrongly convicted men were released from prison. Texas has freed 41 wrongly convicted inmates through DNA since 2001 — more than any other state.

Dallas County's record of DNA exonerations — Dupree is No. 21 — is unmatched nationally because the county crime lab maintains biological evidence even decades after a conviction, leaving samples available to test. In addition, Watkins, the DA, has cooperated with innocence groups in reviewing hundreds of requests by inmates for DNA testing.

Watkins, the first black district attorney in Texas history, has also pointed to what he calls "a convict-at-all-costs mentality" that he says permeated his office before he arrived in 2007.

At least a dozen other exonerated former inmates from the Dallas area who collectively served more than 100 years in prison upheld a local tradition by attending the hearing and welcoming the newest member of their unfortunate fraternity. One of them, James Giles, presented Dupree with a $100 bill as a way to get his life restarted.

At one point, Scheck pointed out that eyewitness misidentification — the most common cause of wrongful convictions — was the key factor that sent Dupree to prison. The attorney then asked how many of the others were wrongly imprisoned because an eyewitness mistakenly identified them. A dozen hands went in the air.

Not in attendance Tuesday was Dupree's accused accomplice, Anthony Massingill, who was convicted in the same case and sentenced to life in prison on another sexual assault. The same DNA testing that cleared Dupree also cleared Massingill. He says he is innocent, but remains behind bars while authorities test DNA in the second case.

Dupree was 19 when he was arrested in December 1979 while walking to a party with Massingill. Authorities said they matched the description of a different rape and robbery that had occurred the previous day.

Police presented their pictures in a photo array to the victim. She picked out Massingill and Dupree. Her male companion, who also was robbed, did not pick out either man when showed the same photo lineup.

Dupree was convicted of aggravated robbery with a deadly weapon. 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 was convicted and spent the next three decades appealing. The Court of Criminal Appeals turned him down three times.

[SHOOTALL]

2.4 mil. ain't much really . when you consider its about $9.00 per hr. with no over time .

[Sourdough]

I have often argued this point with my wife and prosacuting attorneys many times about how the person might be innocent.  Their view, "No, if they were innocent they would not be here.  All ahead full for a conviction".  Our local district attorney and I had many arguments over his "conviction at all cost" attatude as well.  Yet often times the truly guilty gets off on a technocality.  Too bad it took 30 years to get this DNA done.  And yes the state should pay, their attorneys put this innocent man behind bars.  They put everything into a conviction, instead of looking for the truth.


My wife will never be on a jury.  During the jury selection they ask her what her occupation is.  She says Paralegal for the government.  They then ask what area she worked in.  When she says she worked for the prosacution, she is sent home.

[XD40SC]

That's why people oppose the death penalty.

[Conan The Librarian]

The problem isn't the death penalty. It's the sloppiness of a lot of the trials of people who get sentenced to death. It's appalling how a lot of those those trials are conducted. Definitely not the somberness of, say, a Perry Mason trial.

[powderman]

Who was responsible for this mess up? Can anybody say LAWYERS?? On both sides. POWDERMAN. 

[crustylicious]

What do LAWYERS do?  Practice law. Where did many of our laws come from? Babylonian king, Hammurabi. So there you go, it's the muzzis again!

[Junior1942]

There's people in the criminal justice system who knew the man was innocent back in 1979.  This line from the article tells the why: "Watkins, the first black district attorney in Texas history, has also pointed to what he calls "a convict-at-all-costs mentality" that he says permeated his office before he arrived in 2007."

Plain and simple, they didn't care if he was innocent.   

[billy_56081]

Just another case of Lawyer trying to make a name for himself. We have had similar parasites working both sides of a trial here.

[powderman]

Just another case of Lawyer trying to make a name for himself. We have had similar parasites working both sides of a trial here.

YEP. POWDERMAN. 

[Pat/Rick]

Our legal system is resembling the stats on the back side of a baseball card. Its all about convictions, trials successfully defended, etc,etc,. The better the stats the higher the position, city,county , state, fed. The enemy of the lawyer is their client. You ever wonder why their rates are rediculously high? So you can't afford them, that way you get a public defender, the state sets it up, the states prosecutioner wins the states judge wins, their stats go up they advance, and some guy might get messed over. So what, the attorney's look good. Its all about the conviction in any court, that is also why juries are stacked with the pre trial questioning, no instructions given about the right of jurors to nullify, etc. Admiralty law used in place of civil law. Our courts and legal system are corrupt.

[nw_hunter]

Before serving  jury duty on two criminal trials, I assumed most sent to prison deserved to be there. I will never be so sure of it anymore. I believe we sent two people to prison who may have been innocent.In both cases two of us voted not guilty, and the other ten said guilty. In my state conviction only takes ten or more. Unless it's a capital offense.

Both of these men........One a child actually. Just turned 18, had the sorriest excuse of representation you can imagine.
Both court appointed attorneys.They would have been better served by a cross eyed, tongued tied,mentally challenged Orangutan. Actually one may have been!The  prosecutors were very professional, and browbeat, with the help of the Judge most of the Jurors. My faith in the justice system has changed since. I am sure there are many serving time in prison, that are innocent of the crime accused of. Likewise, there are many walking among us, that should be there.

A large number of Prosecutors today want convictions first.............Makes little difference if they are guilty or innocent.Just give them the big W, to work their way up the ladder. Perhaps State Attorney General in the future.

Perhaps one way of preventing the incarceration of an innocent person, is to sentence the prosecutor to serve the length of time served by the wrongfully accused. Give them a FAIR trial before sending them to prison    

[powderman]

A large number of Prosecutors today want convictions first.............Makes little difference if they are guilty or innocent.Just give them the big W, to work their way up the ladder. Perhaps State Attorney General in the future.




NW_HUNTER. Thats sad, but I fear it is true. POWDERMAN. 

[SwampThing762]

The legal system is flawed, but it is the only one we got.

Crusty,  I think you should read your history books.  Hammurabi precedes the pedophile prophet and his minions by over 2000 years.

ST762

[williamlayton]

I am gonna Ding Dallas on this one.
One of the virulent racial cities in America. A very Classed society with a lot of extreme right wing leanings----I have always been convinced/convicted that Dallas alone was the responsible party in the JFK thing.
Blessings

[SHOOTALL]

Any fault with the legal systen in a jury trial is the fault of the jury. No matter what they are instructed they have the right and obligation to not convict if they don't believe in the guilt of the person or that the law is right.
OUR LAW IS BASED ON THAT LAST CHECK

[gypsyman]

Very true Shootall. But if the jury is feed wrong evidence, or not told the whole story, hard for them to come to a right conclusion. One thing that would change this, is for prosecuters to be put in the limelight when their wrong. Like the one with the college team that was accused of rape. Ended up quitting and slithering off into the sunset. The way it should be. gypsyman

[Old Fart]

Back when Bob Macy was the DA in Oklahoma City/County he had a medical examiner who significantly helped his win rate.
She's off to Texas now for several years and many of Bob's cases have been overturned because of faulty evidence from her office.

[beerbelly]

I am beginning to have some serous doubts about DNA evidence! It is beginning to look to me as though they can get it to point any way they want it to! If they want a guy hung the DNA says he is guilty, if they want him exonerated it says he is innocent! I just don’t trust the law or the folks running it.

[powderman]

But if the jury is feed wrong evidence, or not told the whole story, hard for them to come to a right conclusion.



Exactly, which brings us right back to lawyers. POWDERMAN. 

[SHOOTALL]

Very true Shootall. But if the jury is feed wrong evidence, or not told the whole story, hard for them to come to a right conclusion. One thing that would change this, is for prosecuters to be put in the limelight when their wrong. Like the one with the college team that was accused of rape. Ended up quitting and slithering off into the sunset. The way it should be. gypsyman

I have heard that jurys expect a NCIS dog and pony show these days.
The real problem is not having an independent lab to test all evidence on behalf of the guy being charges . I suspect cost will always keep this from happening in all but those cases involving the rich. Maybe we need to have citizen over sight groups to bird dog these police labs ?