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A man who spent 19 years in jail for the murder of two children will be exonerated formally in July, putting the number of inmates in America cleared by DNA evidence at more than 200.
Byron Halsey, who narrowly avoided the death penalty when he was convicted in 1988 of the sexual assault and murder of a girl, 7, and a boy, 8, had his conviction thrown out by a judge last week after DNA evidence pointed to another man as the killer.
Mr Halsey’s exoneration means that since the first American inmate was cleared by DNA evidence in 1989 another 200 have now been proven to be convicted wrongfully, according to the Innocence Project, a New York legal charity that pioneered the use of DNA analysis.
Of the 201 now exonerated, 120 were black and 15 had spent time on death row. Together, they had served 2,496 years.
One of the most striking statistics from the cases, which demonstrates a distinct bias against African-American men, involves sexual assaults.
Nationally, only 12 per cent of sexual assaults are between a victim of one race and an attacker of another – yet 64 per cent of those exonerated were black men convicted of raping white women.
In the cases, 28 per cent were convicted of murder. Overall, three quarters were the result of inaccurate identifications at police lineups.
Remarkably, a quarter of those now proved innocent confessed, and 4 per cent pleaded guilty.
Among the people freed are Jerry Frank Townsend, who served more than 21 years in a Florida prison for six murders and a rape.
Mr Townsend, who has the mental capacity of an eight-year-old, confessed to multiple crimes. After 20 years in jail, the mother of one of the victims convinced police to review the case. DNA testing cleared Townsend and implicated another man, already in prison on other rape and murder charges.
In another case, Frank Lee Smith was on death row for the rape and murder of an eight-year-old girl. He died of cancer in 2000 before being exonerated officially.
The first US inmate to be cleared by DNA evidence was David Vasquez, a janitor of below-par intelligence who confessed to the 1984 rape and murder of a young woman in Virginia. Sentenced to 35 years, he had spent five years in prison before DNA testing – then a new science – cleared him. He was pardoned formally in January 1989.
Since then, convictions have been quashed thanks to DNA evidence in 31 states. In 43 cases the real assailant was eventually found. But the Innocence Project calls the 201 cases just the “tip of the iceberg”.
Only 10 per cent of crimes leave biological evidence that can be tested for DNA. Maddy Delone, the executive director, told The Times that the organisation now has another 250 cases and is processing requests from thousands of others.
“We can’t know exactly how many wrongful convictions there are,” she said.
But she cited a random sample of 29 sexual assault convictions reexamined recently by authorities in Virginia. Two men were found to be innocent.
In another study this year, of 319 rape/murder convictions between 1982 and 1989 where DNA evidence exists, 11 men were found to be innocent.
DNA testing has led to widespread reforms, such as a national DNA database, the video-taping of interrogations and changes in line-up procedures, where victims were often “encouraged” by police when looking at a particular suspect.
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One of these days we are going to execute an innocent person, that is if we haven't already. This is further evidence for why the US should catch up with the rest of the modern world and eliminate the death penalty.
Eric Johnson, Kutztown, PA, USA
It is important to understand what lies behind these "exonerations". In many cases the original trial result was called into question on a technical point by new DNR evidence that was not originally available. This left reasonable doubt in the eyes of a new court viewing the old case as if it were current, with all of todays technology. In reality the new DNR tests are mostly of the inconclusive nature, being tests of old evidence that had been collected and stored under doubtful methods, and long before the now established protocols for such evidence. Doubts have been raised, yes. And the new court follows appropriate procedure that requires evidence beyond all reasonable doubt. Thus, we are no longer sure as to whether or not the individual was or was not guilty, so he/she is released. It does not prove that he/she is either inocent or guilty.
In time, new cases looked at up front with DNR evidence properly collected, stored and tested, we would expect fewer questioning of trials.
don, Green Bay, USA
to err,
The fact is the american criminal justice system is inherently biased towards ethnic minorities. its not rumour, scaremongering or denial its a fact. you do know what that is, dont you? i feel sorry for the white man who spent years in jail for a crime he did not commit and then went on to commit a crime of similar nature.. you have to understand though that time spent in prison does change people especially if theyve been convicted of certain crimes unjustly, they are likely to fulfil the expectations. could this have happened in his case?.. prison should be a place for people to be rehabilitated whereas in its current form its a training ground for criminally inclined people. its dehumanising, changes peoples identities, perceptions and actions and is a burden on the tax payer. itd be cheaper to put people up in 5 star hotels than in prison
sean, london,
I recommend and suggest reading John Grisham's "The innocent man' - it explains a lot of the questions raised by the article and the issue in general.
Mark, Warsaw, Poland
It is not helpful and woefully predictable of you to bring race into this very important issue. Why do you aùways have to distort facts!!!Why not mention the white man who ^pent years in jail for rape, was exonerated by DNA, and went on to rape and cruelly murder the lovely; white 25years old photographer Theresa Halbach?
err, Paris, France
DNA evidence is a dramatic way to demonstrate a miscarriage of justice, and it does cause severe embarrassment to the Criminal Justice System. And face it; they really do need to have their nose rubbed in it.
Always remember the comment made by Lord Denning, master of the rolls during an interview: It would have been better if they had been hung and forgotten about, rather than the public lose confidence in the Criminal Justice System. He was of course referring to the Guildford Four. This has to be the strongest argument against the death penalty.
Andrew Milner, Karuizawa, Nagano