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.
I think of those here who suggest they should have just shot the guy immediately upon conviction.
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.
He’s probably guilty of something else. Hang him.
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.
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...
Hey, they got somebody, the name was similar..... Close enough.
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.
Good thing he doesn’t live in Durham, where DNA doesn’t matter.
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.
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.
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.
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.
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.
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.
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.
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