DNA Evidence Frees Man After Nearly 18 Years in Prison in Pennsylvania

AP ^ | AP-ES-08-01-05 1219EDT

[TheOtherOne]

DNA Evidence Frees Man After Nearly 18 Years in Prison in Pennsylvania
The Associated Press
Published: Aug 1, 2005 PITTSBURGH (AP) - A man who spent nearly 18 years behind bars for a rape he didn't commit was released from prison Monday after new tests of DNA evidence cleared him.

Prosecutors joined defense attorneys on Monday in asking a judge to free Thomas Doswell, 44, after DNA in the case was retested by the nonprofit Innocence Project at the Benjamin N. Cardoza School of Law in New York.

"These tests confirmed what Mr. Doswell has been saying from the moment he was charged, that he was innocent and that this was a misidentification brought about by police officers who may have engaged in misconduct," said Colin Starger of the Innocence Project.

Doswell, of Homewood, was convicted in the 1986 rape of a 48-year-old woman at a hospital in Pittsburgh. He was 25 and the father of two young children when he was convicted.

He was sentenced to 13 to 26 years in prison and was denied parole four times because he refused to accept responsibility for the crime.

Prosecutors originally opposed DNA testing for Doswell, but a judge ordered it. When the tests came back last month showing that semen taken from the victim was not from Doswell, prosecutors filed motions to vacate his sentence and have him released.

The victim and another witness had picked out Doswell's photo among a group of eight shown to them by police.

At the time, Pittsburgh police identified mug shots of people charged with rape with the letter "R." Doswell insisted witnesses identified him as the rapist only because the letter "R" appeared under his mug shot.

His photo was marked because an ex-girlfriend had accused him of rape, but he was acquitted of that charge.

Police officials say they no longer mark photos of rape suspects with an "R."

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On the Net:

Innocence Project: http://www.innocenceproject.org/

AP-ES-08-01-05 1219EDT

[TheOtherOne]

"He was 25 and the father of two young children when he was convicted."

Very sad. His life and the lives of his children were put through this...all the while the real rapist is on the loose.

The "R" under some mug shots seems obviously prejudicial to me.

[neither-nor]

"...and was denied parole four times because he refused to accept responsibility for the crime.

Knowing your chances of parole get easier if you 'accept' responsibility and still not doing it- That in my book takes courage and is probably a measure of his innocence (of course in absence of the DNA test it would not mean much, but still...)

[freebilly]

How does a person reclaim their life after this? There's no amount of money to compensate someone like this....

[Tired of Taxes]

There seem to be a lot of cases with innocent people released from prison lately... It's very sad that so many years were stolen from them...

But, I do wonder, are these all cases of people proven innocent, or just of people not guilty thanks to a technicality?

For example, there was a rape/murder in my city years ago for which two men were arrested and confessed. But then DNA tests released them. The one guy was guilty - his confession corroborated with the other guy's story. But I guess he didn't "leave evidence," and whoever else the young woman - a college student - "saw" that night before the rape never stepped forward (probably a married man).

[dirtboy]

But, I do wonder, are these all cases of people proven innocent, or just of people not guilty thanks to a technicality?

Having the semen not containing the DNA of the accused is a technicality?

The guy was prosecuted for rape. The DNA didn't match. That's beyond reasonable doubt, that approaches No Friggin' Way.

[Paradox]

How does a person reclaim their life after this? There's no amount of money to compensate someone like this....

Imagine if he had been put to death for this...

[popdonnelly]

Your criminal justice system at work. This guy does 18 years, O.J. plays golf.

[Mind-numbed Robot]

Prosecutors originally opposed DNA testing for Doswell, but a judge ordered it.

A problem with our system is the adversarial nature of prosecutor versus the defense as opposed to seeking the truth, no matter what it might be. In this case, as in many others, the prosecutor had more interest in protecting his side than in the truth or the life of the person wrongly convicted. Our system pits lawyerly skills against each other and truth is often the loser.

[OldFriend]

I have always been concerned that because the accused DNA is not present, he will be set free.

Some women are unwilling to acknowledge having sex with another person.

[TheOtherOne]

For example, there was a rape/murder in my city years ago for which two men were arrested and confessed. But then DNA tests released them. The one guy was guilty - his confession corroborated with the other guy's story. But I guess he didn't "leave evidence," and whoever else the young woman - a college student - "saw" that night before the rape never stepped forward (probably a married man).

I can't tell what you are talking about. Do you have a link to that case. People are not just realeased by DNA tests. What about these "DNA tests released them" as you say? Why do you say they were guilty...what was the evidence used to convict them? Were they convited at trial, then released later? Your scant facts don't seem to make any point.

[Wolfie]

Prosecutors should be forbidden from running for any other public office. Then the truth, rather than padding their record, might take precedence.

[Pessimist]

Cases like this almost make you think maybe the people who falsely identified him the first time ought to do some time.

I'm sure (or at least hope) it was a mistake on their part, but when they IDd him, I assume they were asked if they were SURE. Not almost, sorta-kinda sure.

[TheOtherOne]

A problem with our system is the adversarial nature of prosecutor versus the defense as opposed to seeking the truth, no matter what it might be. In this case, as in many others, the prosecutor had more interest in protecting his side than in the truth or the life of the person wrongly convicted. Our system pits lawyerly skills against each other and truth is often the loser.

I have that same problem with the system. It works fine for me in civil litigation. In criminal cases I have often thought there should be a Third party, a neutral party, representing neither the prosecution or the defense, but to bring forward additional facts. I know it would be costly, but I think, as you noted, our current adversarial system does not seek out truth...it seeks victory.

[Tribune7]

bump

[PositiveCogins]

your post #8 is dead on.
This happens way to often. In 18 years where is this
prosecutor now? A judge.

[sargon]

How does a person reclaim their life after this? There's no amount of money to compensate someone like this....

True, but the state should try. A million dollars for each year might be a good start, IMHO...

[TheOtherOne]

"Prosecutors originally opposed DNA testing for Doswell, but a judge ordered it. "

This is what disgusts me. They tried to stop it. Had they succeeded he would have continued to rot in prison.

WHO IS THIS PROSECUTOR? I WANT HIS NAME.

[TheOtherOne]

On August 1, 2005, Thomas Doswell was released from prison after serving 19 years for a crime he did not commit. He was convicted in 1986 of rape, criminal attempt, simple assault, terroristic threats, and unlawful restraint. Postconviction DNA testing in 2005 conclusively proved that Doswell could not have been the man that committed this crime.

THE CRIME

In March 1986, a white woman, was attacked by an African American male as she entered the hospital where she worked in Pittsburgh, Pennsylvania. The perpetrator followed her into the building and then the cafeteria. He locked the cafeteria doors behind him, threatened to kill the victim, and then forcibly raped her. A short while later, a co-worker began banging on the cafeteria doors in an effort to help the victim. The assailant fled the hospital and was chased for three blocks by another hospital employee.

The victim was taken to another hospital, where a rape kit was collected. Investigators also took the victim’s clothing as evidence. Though nothing was found on the clothing, the Allegheny County Crime Laboratory found evidence of spermatozoa on the vaginal swabs from the rape kit.

THE EVIDENCE AND THE TRIAL

On the day of the crime, the police showed the victim a photographic lineup. None of the photographs were marked except for Doswell’s. His photograph had the letter “R” written on it. At trial, a police officer explained that photographs marked with an “R” represented photographs of people who had been charged with rape.

After this identification, Doswell was arrested and charged. At trial, both the victim and the co-worker who had initially come to her aid made in-court identifications of Doswell. Testing was performed on samples from the rape kit. The serologist found A, B, and H antigens on the samples. Because the victim was a type AB secretor, no conclusions could be made about what blood type the rapist was because the victim’s type masked the perpetrator’s.

Doswell’s defense challenged the reliability of the identifications, arguing that the photographic lineup was faulty due to Doswell’s picture being the only picture that was marked. The defense also argued that Doswell did not fit the victim’s initial description of her attacker.

A jury convicted Doswell of rape, criminal attempt, simple assault, terroristic threats, and unlawful restraint in November 1986. He was sentenced to 13-26 years (aggregate).

POSTCONVICTION

Doswell continued to attack the reliability of the eyewitness evidence against him, but was unsuccessful in his appeals. In December 1996, Doswell contacted the Innocence Project. In 1998, Doswell filed a request for testing but was denied because the motion was filed too late. In 2004, after confirming that the evidence from trial was located in the police department’s property room, the Innocence Project and local counsel James DePasquale filed a motion to gain access to the evidence and have it subjected to DNA testing. Testing was granted in March 2005.

For 19 years, Doswell has maintained his innocence. Refusing to confess to a crime he did not commit, Doswell was turned down for parole four times. Only one week after exculpatory test results returned from the Allegheny County Crime Lab, prosecutors agreed to join in Doswell’s motion to vacate his conviction and sentence.

Thomas Doswell was released on August 1, 2005, and welcomed home by his family. He was 25 years old when he was arrested for this crime in 1986.div>

[PositiveCogins]

I know its P-BS, but it's a ggod show.

http://www.pbs.org/wgbh/pages/frontline/shows/burden/

[spetznaz]

The prosecution is ALMOST NEVER after the truth. Their main impetus is to acquire a conviction. Same thing for the defence by the way ....their main objective is to secure a not-guilty verdict for their client, or at the very least a reduced sentence or plea bargain. The whole aspect of a person being innocent really doesn't hold much weight in the legal system. To be honest with you, in a court of law it is far better to have a potent defence team (with crack lawyers who can charm the hiss from a snake) rather than being innocent. Innocence alone will get you thrown in the slammer if you come up against a competent prosecutor, while you can be as guilty as day-old sin and still waltz your way outta gaol. Just as OJ.

In essence all the prosecution normally cares about is a guilty verdict, and hence they will strive to block testimonies and evidence that might get the guy off. And all the defence wants is the inverse, and thus they will do their best to get their guy off. Things like true innocence and such are for fools and martyrs when it comes to courts of law (on Earth that is). Give me a crack team of lawyers anyday! There are few things as bad as knowing you are innocent and yet be inside a cell. I think that must be worse than death even.