Posted on 08/02/2005 1:21:58 PM PDT by pittsburgh gop guy
Man goes free after 19 years in prison for rape he did not commit
DNA testing exonerates Thomas Doswell, who speaks of forgiveness
Tuesday, August 02, 2005
By Bill Moushey, Pittsburgh Post-Gazette
Thomas Doswell missed out on many things during the 19 years he served in prison for a rape he didn't commit.
Not the least was being refused permission to attend his father's funeral. Confined behind bars that day, Doswell did what he could: He sang "Amazing Grace" over the telephone during the services.
It was just one of the memories of events unattended and embraces missed that flooded Doswell yesterday amid tears and hugs from family and friends.
Just hours after Allegheny County Common Pleas Judge John A. Zottola released Doswell and apologized for "the tragedy ... that you were convicted of this crime," the newly freed Doswell was the center of attention at a party featuring barbecued ribs, fried chicken, collard greens and dumplings served in heaping piles outside his 80-year-old mother's Homewood townhouse.
Included in his sad recollections was not being able to raise his two children, who only remember occasional visits with their father and letters from prisons.
Yet during his first hours of freedom since 1986, the 44-year-old Doswell expressed no anger toward those who wrongfully convicted him -- only forgiveness.
"Having the faith I have in Jesus has taught me that I couldn't walk around for 20 years with anger bottled up in me. It would have killed me. It would have done more damage to me than good."
A flurry of legal action on Doswell's case culminated yesterday in a brief hearing before Zottola, where a representative of Allegheny County District Attorney Stephen A. Zappala Jr. requested dismissal of rape and related charges against him because DNA testing had proven he did not commit the crime.
Zottola, who cut into his vacation to preside at the hearing, told Doswell: "I wish you Godspeed and the best of luck" and then sent him back to the jail for processing to "take the first steps toward your freedom."
Doswell was followed by his mother, Olivia, and a crowd of tearful, smiling relatives and friends chanting "God is good."
"I was thankful. I knew 20 years ago I was a free man, yet to hear it officially from the authorities that held me, it was a relief," he said later.
He forgave the police officer -- retired Detective Herman Wolf of the Pittsburgh police -- who he claims focused the rape investigation on him just an hour after it was reported because Doswell had been acquitted of a sexual assault charge against his girlfriend just a year before.
He forgave the 48-year-old rape victim at the former Forbes Hospital and another witness who identified him despite clear differences between his appearance and that of the assailant.
He forgave prosecutors who fought against his appeals, and who for a time tried to stop DNA testing of the semen samples taken after the rape.
He also forgave the judges who repeatedly denied his appeals, some of them because he filed a petition a few weeks late.
Finally, he forgave the parole authorities who refused to free him after he served his minimum sentence of 13 years because he would not take responsibility for the crime.
His voice trembling as he remembered the pain of missing his father's funeral, he said: "I'd hope it would never happen to ... anyone else.
"I want to go to the grave site, to see where my dad was buried. I still have to go make peace with him," he said.
While he said he had constant support from family and communication and visits with his two sons -- one is on a path to graduate from college next year and the other is working -- he said he has a lot to make up for.
And a lot to be thankful for.
"Despite being away from your family and being away from your freedom that you had always rightfully deserved to have, God has blessed me and I managed to come through it in a positive light," he said.
As Doswell soaked in the hot afternoon sun, Zappala joined Peter Neufeld and Colin Starger of the Innocence Project at the Benjamin N. Cardozo School of Law at Yeshiva University in New York City, which did most of the legal work on the case, and James E. DePasquale, Doswell's Pittsburgh lawyer, to deal with the fallout from the first case of posttrial DNA exoneration in the history of Allegheny County.
"As much as there is to celebrate, it is also a moment for reflection ... Unless we begin to address the causes, then other people like Tommy will continue to be wrongfully convicted in the future," Neufeld said of the 160th DNA exoneration accomplished by the Innocence Project.
Neufeld has urged police to reform procedures for witness identifications to eliminate bias and reduce the likelihood of inaccuracies.
According to appeals papers in the Doswell case, less than two hours after the rape occurred, Wolf showed up at a hospital with a photo array that included Doswell's picture, which had a large "R" underneath it.
The letter was there because of the previous rape accusation made against Doswell. Pittsburgh police no longer mark rape suspects' photos in that way.
The victim and another woman picked Doswell's photo out of the array.
Armed with the identifications, Doswell said detectives shrugged off his protest that he was more than a mile away from the rape scene at the old Forbes Hospital on Frankstown Avenue, now Forbes Nursing Center and Hospice. Detectives also ignored the fact that Doswell did not have a beard and had no visible marks on his face, despite the victim's claim that her assailant was bearded and that she had bloodied him after hitting him with a food platter.
While a bill was proposed this year in Harrisburg to compensate victims of wrongful convictions, it received little attention. Twenty other states have such laws.
As a result, DePasquale said, the only way Doswell can be compensated for his losses is if a legislator seeks a private settlement for him, or, after a legal review of the case, he sues for violation of his civil rights.
Yesterday, Doswell wasn't thinking about anything like that. He stood outside the gate of his mother's home, content to hug friends and relatives, exchange small talk and just smell the rich food -- he was worried that his digestive tract, accustomed to prison food, would take some time before it could handle rich fare.
He said he was content instead to drink up the love of those who stood behind him.
God bless him.
He is certainly a remarkable man.
Believe it or not there's a FReeper that turns up on all these threads convinced somehow the DNA must be wrong and the guy still probably did it..wonder if he'll show up.
In any event, far more people have been convicted WITH DNA evidence than have been released because of it. People seem awfully uncomfortable even beginning to address the idea that there might be innocent people in prison, though.
It's yet another indication of the near-worthlessness of "eyewitness" testimony though.
</sarcasm>
Prosecutors originally opposed DNA testing for Doswell, but a judge ordered it.
Gee he is an awfully forgiving guy. I seriously doubt I would be as forgiving.
If a prosecuter, judge, or jury member sincerely believes someone is guilty and they end up being innocent...that can be forgiven. But you have to believe that, in many cases, they may know deep down that the person is innocent and they proceed with the conviction for other reasons than justice.
It amounts to bearing false witness no matter how you look at it.
I think that there are a lot of innocent people in jail. There are also many more who are guilty but free, OJ being one of them....despite the DNA evidence.
God bless this man and his family. May they spend many wonderful years together making up for lost time. How wonderful for his mother to be able to live to see her son exonerated. It's a miracle and a joyful one at that.
I just wish I had been there to partake in all that delicious food.. Mmmmm good, it sounded so yummy. I hope his tummy does readjust so he can continue to enoy all those wonderful, lucious meals.
Can't wait for him to vist his father's grave site. That will be so special for him and the rest of the family. His Father knew the minute he arrived in heaven that his son would be set free one day because he was innocent. I am sure that time spent at the gravesite will be emotional yet satisfactory.
Gosh, if there are any one of those people alive who partook of this false ID, arrest, conviction and prison time...I would hope they would be big enough to visit this man in person to apologize and ask for his forgiveness even though he has already forgiven everyone involved.
This is a chance for those people who were so wrong to make things right on a personal basis and set the hearts of everyone free and at peace. I hope that happens.
God bless you Thomas Doswell...you will go to heaven becuase you have served your time in hell already and your heart is in the right place. No doubt. Good luck to you and we wish you a long and happy life under God's beautiful sky.
I hope he gets a big chunk of change to start that life with. The state owes him some.
I think ALL Prisoners should have samples of their DNA taken so that things like this can be avoided AND unsolved crimes where the prep is already in prison can be solved.
Why didn't his lawyers take the sample and have it tested?
If I am ever falsely accused of something where there is DNA evidence I am having a test done immediately to prove myself innocent. No matter what the cost, if I'm falsely accused.
19 years ago DNA testing was hardly widespread.
Other thing is 19 years ago juries would have accepted the testimony of the victim picking him out as the perp, over DNA evidence (which they likely wouldn't have understood) showing he wasn't the perp, too....a lot has changed over that time.
The great thing about DNA evidence, which is actually circumstantial evidence, is that it really helps the authorities to get things right. Eye witness testimony can easily be mistaken unless it's supported by good circumstantial evidence.
I think your point is true. These people are probably Pro-Victim people.
After all, aren't there tons of Pro-Criminal lobby groups.
These Pro-Criminal people scoff at an innocent hard working citizen who is the victim of a crime - i.e. when he/she is carjacked or raped - maybe even murdered (they always look for the exception in law claiming that is ultimate justice).
MUMIA ring a bell. So screw the 1 innocent person (/half sarcasm). My unscientific stat tells me that, for every 1 person innocently convicted 1000 victims of Crime are twice victimized - first on the street then in the court room. How does someone resolve that within themselves. They are awfully uncomfortable answering that or thinking about that. O, how is it resolved?
I'm not surprise by the guys attitude. My resolve is this - If I ever get falsely accused and locked away then at least I'm convinced that upon my death a new adventure begins past this temporal world. It's too bad that not all will have this confidence.
Thank God for DNA testing - not perfect as we have corrupt cops and planting of false evidence but it's near perfect in most cases.
[ BTW,
FREE MUMIA // sarcasm ]
It's yet another indication of the near-worthlessness of "eyewitness" testimony though.>>>>>>>>>
Eyewitness identification is meaningful only if the person is well known to the witness and then the question of possible bias enters the picture. Identifying someone who was totally unknown to the witness before the crime occurred is nearly totally worthless, as you said.
Frankly it's more of a Death Penalty thing, even though that wasn't a factor in this case.
Hmmm. No beard and no marks, and an "R" under his picture. I think maybe an incompetent defense attorney may be an issue here.
Then again, maybe "the judge in the town has blood stains on his hands..."
Forgive us our sins as we forgive those who sin against us- Lord's Prayer
For if you do not forgive those who sin against you ..neither will your heavenly Father forgive you..your sins - God the Son
The man falsely accused and sentenced for a crime he did not committ ..no one believed him...and imagine the humilation to his family...and his powerlessness to do a thing about it.
And the company he was forced to endure..
God bless him..hopefully the Lord God will restore the years the locusts took from him...
A college friend's uncle had this nearly same thing happen after the same amount of time in prison..only no DNA the 'victim' finally confessed she lied....
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