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Rape verdict overturned after 10 years in prison
Waterbury Republican-American ^ | April 10, 2007 | Annabelle Garay (A.P.)

Posted on 04/10/2007 7:11:43 AM PDT by Graybeard58

James Curtis Giles spent 10 years in prison for a gang rape he has long said he did not commit. On Monday, more than a decade after his release, a prosecutor acknowledged Giles' arrest had been a case of mistaken identity, and a judge recommended he be exonerated.

If the appeals court formally approves State District Judge Robert Francis' recommendation as expected, Giles, now 53, will become the 13th Dallas County man to be exonerated since 2001 with the help of DNA evidence.

"I hope we continue to do the right thing in this situation," Giles told the judge Monday. "Don't wait this long to make it right."

Giles, who left with courtroom with a smile, said he doesn't hold a grudge against the state. The judge complimented him on his positive attitude about his ordeal.

The Dallas County District Attorney's office and Giles' Innocence Project lawyer, Vanessa Potkin, both told the court they had evidence showing Giles was innocent of the 1982 gang rape of a Dallas woman.

It turned out to be a case of mistaken identity, said Assistant Dallas County District Attorney Lisa Smith.

A man who pleaded guilty to the gang rape, Stanley Bryant, implicated two other men in the crime: a James Giles and a Michael Brown. DNA evidence linked Brown and Bryant to the crime, Smith and Potkin said. Brown was never tried and died in prison after being convicted of another gang rape.

Police eventually arrested James Curtis Giles, who lived 25 miles away and did not match the description of the attacker given by the rape victim, Potkin said. Giles was about 10 years older and had gold teeth.

Investigators ignored another man with a similar name: James Earl Giles. That Giles lived across the street from the victim and had previously been arrested with Brown on other charges, the attorneys said. He died in prison in 2000 while serving time for robbery and assault.

The victim recently acknowledged some doubt as to whether James Curtis Giles was among the rapists. One witness also recently identified the other man, James Earl Giles, in a photo lineup, Smith said.

The DNA evidence that linked Brown to the crime was one factor that helped convince the district attorney's office to investigate James Curtis Giles' claim of innocence, especially because of Brown's "overwhelming connection" to the other James Giles, Potkin said.

Texas leads the nation with 27 DNA exonerations.


TOPICS: Crime/Corruption; Extended News; US: Texas
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1 posted on 04/10/2007 7:11:45 AM PDT by Graybeard58
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To: Graybeard58
Impossible. Every FReeper knows that in our system of justice the innocent are always exonerated and the convictions are always immaculate.

I think of those here who suggest they should have just shot the guy immediately upon conviction.

2 posted on 04/10/2007 7:17:52 AM PDT by Monk Dimittis
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To: Graybeard58
Giles, who left with courtroom with a smile, said he doesn't hold a grudge against the state. The judge complimented him on his positive attitude about his ordeal.

He's a better man than me, 10 yrs of my life wasted for nothing, locked in a cell. Don't think I could have a positive attitude.

3 posted on 04/10/2007 7:19:18 AM PDT by lovecraft (Specialization is for insects.)
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To: Monk Dimittis

He’s probably guilty of something else. Hang him.


4 posted on 04/10/2007 7:22:09 AM PDT by Clint Williams (Read Roto-Reuters -- we're the spinmeisters!)
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To: Monk Dimittis

It is more than a tragedy when an innocent is convicted. It is a travesty when a guilty escapes conviction. No system is perfect. Look at that scumbag Nifong.


5 posted on 04/10/2007 7:22:41 AM PDT by Dudoight
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To: Graybeard58
Giles, who left with courtroom with a smile, said he doesn't hold a grudge against the state. The judge complimented him on his positive attitude about his ordeal.

Then he's a better man than I.
6 posted on 04/10/2007 7:23:35 AM PDT by JamesP81 (Eph 6:12)
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To: Graybeard58
Police eventually arrested James Curtis Giles, who lived 25 miles away and did not match the description of the attacker given by the rape victim, Potkin said. Giles was about 10 years older and had gold teeth.

Investigators ignored another man with a similar name: James Earl Giles. That Giles lived across the street from the victim and had previously been arrested with Brown on other charge

Yep, that's the Dallas County DA, all right...

7 posted on 04/10/2007 7:24:25 AM PDT by B-Chan (Catholic. Monarchist. Texan. Any questions?)
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To: Monk Dimittis
I think of those here who suggest they should have just shot the guy immediately upon conviction.

You won't have to think of them long, because I'm sure they'll be along shortly...
8 posted on 04/10/2007 7:25:30 AM PDT by JamesP81 (Eph 6:12)
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To: B-Chan

Hey, they got somebody, the name was similar..... Close enough.


9 posted on 04/10/2007 7:26:19 AM PDT by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Dudoight
It is more than a tragedy when an innocent is convicted. It is a travesty when a guilty escapes conviction.

If we must err then, it is preferable that we err towards the guilty escaping than the innocent being caught.
10 posted on 04/10/2007 7:26:59 AM PDT by JamesP81 (Eph 6:12)
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To: JamesP81
It is more than a tragedy when an innocent is convicted. It is a travesty when a guilty escapes conviction. No system is perfect. Look at that scumbag Nifong.

So which is worse, a "more than a tragedy" or a "travesty"?

In my opinion, as much as I hate to see it happen, it's better to let the guilty free than to imprison the innocent each and every time.

11 posted on 04/10/2007 7:27:19 AM PDT by CT-Freeper (Said the perpetually dejected Mets fan.)
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To: Graybeard58

Good thing he doesn’t live in Durham, where DNA doesn’t matter.


12 posted on 04/10/2007 7:27:57 AM PDT by Sue Perkick (...what I was born to do, don't have to think it through.....)
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To: CT-Freeper
In my opinion, as much as I hate to see it happen, it's better to let the guilty free than to imprison the innocent each and every time.

We are in agreement then. Ultimately, no system is perfect, but we do have some control on how the imperfections effect things.
13 posted on 04/10/2007 7:28:50 AM PDT by JamesP81 (Eph 6:12)
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To: Graybeard58

What lead them to investigate and eventually arrest this guy, I wonder? These kinds of stories always puzzle me. The guy lived 25 miles away and did not match the description. He didn’t have one person who could say he was somewhere else when the gang rape happened? This sounds like ineffective counsel if I ever heard of it unless a whole bunch of info is missing.


14 posted on 04/10/2007 7:29:13 AM PDT by NorthFlaRebel
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To: Monk Dimittis

Society has an obligation to base justice on all and best evidence available at the time. It’s not clear if that happened here or not. Ten years ago DNA was used. Why not here?

Civilized societies also have a moral duty to execute those among us who prey on innocent women and children. On this point we fail the civilized test. The methods we use to punish these kinds of criminals are barbaric, and constitute a cruel punishment on the victims and the rest of society.


15 posted on 04/10/2007 7:30:19 AM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: Graybeard58

Ok this stinks- they ignore a guy who LIVES ACROSS THE STREET and arrest a guy from miles away?

When the guy across the street has a history with another suspect?

When the witness herself was not certain?

I hope he sues their asses off.

I am NOT one here who thinks the police and justice system are all fair and just... They are full of idiots, just like every government agency.


16 posted on 04/10/2007 7:31:40 AM PDT by Mr. K (Some days even my lucky rocketship underpants don't help)
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To: Balding_Eagle
Civilized societies also have a moral duty to execute those among us who prey on innocent women and children.

The man wrongly deemed guilty would be dead in this case as well as 26 others in Texas alone.

The number was 23 in Illinois, the last time I looked.

17 posted on 04/10/2007 7:35:19 AM PDT by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Mr. K
I hope he sues their asses off.

States are rapidly enacting laws limiting how much can be paid in these cases. Usually a very low amount considering the long term loss of freedom involved.

18 posted on 04/10/2007 7:38:15 AM PDT by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: lovecraft

Do you actually think he would project a negative attitude before he is actually out of jail for good? He was just being smart. When he is actually free is time enough to wage war against the system that wrongly convicted him.


19 posted on 04/10/2007 8:04:06 AM PDT by conservative blonde (Let's call the Jr. Senator from Illinois by his full name, Barack Hussein Obama)
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To: conservative blonde
Do you actually think he would project a negative attitude before he is actually out of jail for good? He was just being smart.

He didn't have a bad attitude, I would be pissed. The evidence released him, not his attitude. That's why I said he was a better man than me. I don't think I could have had his positive attitude.

20 posted on 04/10/2007 8:13:12 AM PDT by lovecraft (Specialization is for insects.)
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