Posted on 08/27/2012 7:33:28 PM PDT by Altariel
FORT WORTH (CBSDFW.COM) After serving 24 years in prison for a crime he didnt commit, today a North Texas man received an apology from a judge and a standing ovation in the courtroom.
David Lee Wiggins was freed from jail Friday after DNA tests proved he wasnt the person who raped a 14-year-old girl back in 1988.
Wiggins was convicted of Aggravated Sexual Assault in 1989 after the teen victim identified him. The person who assaulted the young girl had covered her face for during most of the attack. Police showed the girl a photo lineup, then a live lineup and the girl said Wiggins looked familiar.
He [Wiggins] was the only person who was both in the photo array and in the lineup, so of course she recognized him, said Nina Morrison, an attorney with the Innocence Project of New York.
As he left the courtroom today he said he had no animosity toward the victim who mistakenly identified him.
It was never he fault. She didnt do nothing I know that, he said. She was a victim. Im sorry about what happened to her and I want her to know it.
The Innocence Project nonprofit group successfully obtained the DNA test that proved Wiggins definitely wasnt the girls attacker.
Recalling the day he got word about the test results Wiggins said, They [the Innocence Project] called me again and said that the results are in and Im innocent. It was kind of like ya know when I first got the life sentence. I was numb. I couldnt really believe it.
(Excerpt) Read more at dfw.cbslocal.com ...
Did you read the article?
If Wiggins conviction is formally reversed he will be eligible for $80,000 a year in compensation that Texas pays to wrongfully convicted ex-inmates.
I'd say that's a nice day.
of all the questions about this case, the fact that this 14 yro was indeed raped, is not in depute....
“Yeah, punish someone who was manipulated by authorities after being raped at the age of 14 for not being stronger. Revolting.”
That 14 year old had 24 years to come clean, the fact that she didn’t come forward is even more revolting.
You just know thats the case.
the media is so quick to say things are false or a convict is innocent on a dna sample when they leave the whole story out....like was the guy in the vicinity?..right color?...maybe had knife similar to the one used in the assualt?.....many questions....
In rape case histories it has been claimed that a large percentage of rapists do not ejaculate in or on their victim, So let's assume that this “falsely” convicted man performed in that exact manner and then the semen could be explained away by the 14 year old having a boyfriend, male member of the family or an aquaintance etc.....
Lack of compatible semen DNA does not prove that he was not the rapist ONLY that he was not the source of that sample.
“winning (or simply closing cases)”
A simple anecdote that supports your post.
When my husband was 15 or so he and a bunch of his friends went out joy riding. They weren’t running away..they were just goof balls. They ended up in Louisiana (we’re in Texas). They were picked up as runaways and not taken to jail. They were put in a prison. O.K. I get the whole “scared staight” thing. But they were grilled incessantly for two days to confess to crimes they didn’t commit or “we won’t call your parents, noone will know what happened to you because you will be here forever.” Thankfully, he nor any of his buddies gave in.
Those things really do happen.
The double (photo plus physical) lineup with only Wiggins in both is a classic frame job. Sorry.
“May be there was no real rapist? Hmm. Possible?”
If there was ‘no real rapist,’ what DNA exonerated Wiggins?
Actually, the “evidence room” was shown on the news.
There is evidence there for 50 years. The “keeper of the evidnece room” was very proud that they are able to keep that much evidence.
Um, maybe she believed that she’d identified the right perp? That’s the whole point of the double lineup - to make the witness believe his/her identification so she’s credible on the stand.
Manipulation 101. But let’s further ruin this former child victim’s life for failing to grasp that. Yup, that would be justice. /sarc
Well, I’m sure not going to google the “large percentage of rapists etc, etc” to prove you wrong.
There was no “sample” to connect him. I thought that was what our justice system was about. Prove the crime.
Is it possible that this 14 year old child was traumatized and scared and made a false i.d.?
Whatever the case..he made a very Christian choice by not holding her accountble. I would hope that God would give me the same fortitude and inner grace to do the same.
Something similar happened in either Arkansas or Alabama. It was ruled the guy wasn’t entitled to any compensation, hence the “my bad” comment.
I read all the posts here to see if anyone would point this out. You finally did.
I know it’s counter intuitive, but eyewitness testimony is inherently unreliable. However, it is dangerously persuasive to a jury.
Study after study has proved that such testimony is of little probative value.
The DA is probably dead by now; but, if not, his/her handling of this matter should be investigated. Hell, it should be investigated anyway, dead or not.
It’s hard to imagine being imprisoned for any length of time for a crime you did not commit, much less 24 years.
Your condoning her part in the man’s false imprisonment is what is revolting. He was convicted on her false testimony. And yes, she was munipulated by authorities...and they deserve to serve the rest of their natural lives in the hell this man served for 24 years.
You posted: Now, is anyone going to get that falsifying victim in jail? That victim destroyed an innocent mans life. The entire prosecution should be in jail for this.
***
Is there any evidence to suggest that this girl knew that the defendant was not the guy who raped her? Yes, she was wrong, but I have not read that she intentionally picked the wrong guy. It appears that she truly believed he did it. And the same goes for the prosecution. Do you think that they knew/should have known that the eyewitness/victim was lying or mistaken?
The victim was no more guilty of intentionally convicting the wrong man than the he was of raping her.
No, of course not. I said, "not bad", only because most jurisdictions don't even bother to say, "We're sorry". Forget any compensation from those jurisdictions unless the mistakenly-incarcerated file lawsuits.
At least Texas does try to make amends while other jurisdictions still say, "He's guilty. We don't care what the evidence shows". That's all I meant. :-)
Besides, in this situation, the poor guy still has the option of saying, "That's not enough," and could still file a lawsuit. In addition, if he plays his cards right with the $ then he'll never have to work again. They took over 20 years of his life but if he lives for another 20 years, never having to do any manual labor, he might feel that he has received justice. He seems to be a God-fearing man so that he probably feels more thankful than vengeful.
24 years is a long bit
a very long bit
damn shame
stupid girl...it does happen
or maybe cops pushed the ID on her
who knows
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