DNA Clears Innocent Man Who Spent 30 Years in Texas Prison
- Posted on January 3, 2011 at 10:05pm by
Meredith Jessup
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DALLAS (AP) — Prosecutors declared a Texas man innocent Monday of a rape and robbery that put him in prison for 30 years, more than any other DNA exoneree in Texas.
DNA test results that came back barely a week after Cornelius Dupree Jr. was paroled in July excluded him as the person who attacked a Dallas woman in 1979, prosecutors said Monday. Dupree was just 20 when he was sentenced to 75 years in prison in 1980.
Now 51, he has spent more time wrongly imprisoned than any DNA exoneree in Texas, which has freed 41 wrongly convicted inmates through DNA since 2001 — more than any other state.
“Our Conviction Integrity Unit thoroughly reinvestigated this case, tested the biological evidence and based on the results, concluded Cornelius Dupree did not commit this crime,” Dallas County District Attorney Craig Watkins said.
Dupree is expected to have his aggravated robbery with a deadly weapon conviction overturned Tuesday at an exoneration hearing in a Dallas court.
There have been 21 DNA exonerations in Dallas since 2001, more than any other county in the nation. Only two states — Illinois and New York — have freed more of the wrongly convicted through DNA evidence, according to the Innocence Project, a New York-based legal center representing Dupree that specializes in wrongful conviction cases.
Dallas’ record of DNA exonerations is unmatched nationally because the county crime lab maintains biological evidence even decades after a conviction, leaving samples available to test. In addition, Watkins has cooperated with innocence groups in reviewing hundreds of requests by inmates for DNA testing. Watkins, the first black DA in Texas history, has also pointed to what he calls “a convict-at-all-costs mentality” that he says permeated the DA’s office before he arrived in 2007.
Dupree’s 30 years in prison will surpass James Woodard, who spent more than 27 years in a Texas prison for a murder that he was cleared of in 2008.
Nationally, there are at least two other DNA exonerees who spent more time in prison, according to the Innocence Project. James Bain was wrongly imprisoned for 35 years in Florida and Lawrence McKinney spent more than 31 years in a Tennessee prison. Phillip Bivens was locked up for more than 30 years in Mississippi, but it wasn’t immediately clear whether he or Dupree were in longer.
The DNA testing in Dupree’s case also excluded a second defendant, Anthony Massingill, who was subsequently convicted in another sexual assault case and sentenced to life in prison. Massingill remains in prison but maintains his innocence. DNA testing in that second case is ongoing.
Dupree was charged in 1979 with raping and robbing a 26-year-old woman and sentenced in 1980 to 75 years in prison for aggravated robbery. He was never tried on the rape charge.
According to court documents, the woman and her male companion stopped at a Dallas liquor store in November 1979 to buy cigarettes and use a payphone. As they returned to their car, two men, at least one of whom was armed, forced their way into the vehicle and ordered them to drive. They also demanded money from the two victims.
The men eventually ordered the car to the side of the road and forced the male driver out of the car. The woman attempted to flee but was pulled back inside.
The perpetrators drove the woman to a nearby park, where they raped her at gunpoint. They debated killing her but eventually let her live, keeping her rabbit-fur coat and her driver’s license and warning her they would kill her if she reported the assault to police. The victim ran to the nearest highway and collapsed unconscious by the side of the road, where she was discovered.
About five days later, two men whose descriptions did not match Dupree tried to sell the rabbit-fur coat at a grocery store two miles from the liquor store, according to court documents. The car stolen from the victims was found abandoned in the parking lot.
Dupree and Massingill were arrested in December because they looked similar to two suspects being sought in another sexual assault and robbery. The 26-year-old woman picked both men out of a photo array, but her male companion did not identify either defendant in the same photo array.
Dupree was convicted and spent the next three decades appealing. The Court of Criminal Appeals turned him down three times.
The Innocence Project, which took on his case in 2006, obtained DNA testing last summer on biological evidence taken from a vaginal swab. In July, shortly after Dupree’s release, the test results cleared Dupree and Massingill.
The hearing is happening now because authorities needed additional testing to confirm that the 30-year-old biological material was a DNA match to the victim.
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conservativeone
Posted on January 6, 2011 at 4:54pmWait … He was being sought in another sexual assault and robbery case, but isn’t guilty of the one he was convicted of ??? What about the sexual assault and robbery case he was being sought after in the 1st place ???
Report Post »The man was a career criminal. It’s not like this guy was a model citizen.
clipper
Posted on January 5, 2011 at 7:32pmI‘m all for capital punishment but in this case I’m glad that they didn’t fry him.
Report Post »rochmoninoff
Posted on January 5, 2011 at 1:39pmI applaud the efforts for The Innocence Project in getting innocent men out of prison.
But why is there no “Guilt Project” that finds the real criminals and puts them away?
Report Post »EqualJustice
Posted on January 5, 2011 at 2:29pmYes, DNA helped this guy but it didn’t do much good in the OJ trial, now did it? Not only are there some not guilty on the inside, there are still too many GUILTY on the outside!
Report Post »wampanoag
Posted on January 5, 2011 at 11:32amDNA testing is a fraud. It can be manipulated by any good lawyer. Labs are generally incompetent and corrupt. Remember when the FBI lab was caught falsifying thousands of analysis. I would say it is hocus pocus when it is applied to identifying individuals. I would doubt that he is innocent if convicted by a jury of his peers unanimously. There are lawyers who are playing this game now.
Report Post »dontbotherme
Posted on January 4, 2011 at 8:36pmThank God for DNA testing. This poor man. Now… DA, give this man his 30 years of life back.
Report Post »ronmorgen
Posted on January 4, 2011 at 1:05pmThough the COMMUNISTs use race for their own purposes, a little justice may overflow for the cause of an unfortunate man.
Report Post »Carbine1
Posted on January 4, 2011 at 11:07amBullsh–. I think all this is is for ANOTHER poor UNFORTUNATE Black person to get ALOT of money to further the COMMUNIST REGIME in Washington D C.
Report Post »ronmorgen
Posted on January 4, 2011 at 8:37amIt is the political advantage of getting a conviction that motivated the DA so he wasn’t so careful and ruined a mans life. The DA should pay with 30 years of his own time. This is the beauty of God’s judgment. He will pay when that day comes.
Report Post »Gonzo
Posted on January 4, 2011 at 9:09amIf you have Jeusus as your lawyer, judgement day will go pretty well for you, no matter what mistakes you’ve made.
Report Post »tower7femacamp
Posted on January 4, 2011 at 8:28amI want a DNA test of Bill Clinton, Barry Soetoro, and Barbra Bush
Report Post »Psytoxic
Posted on January 5, 2011 at 10:46amTrying to find daddy?
Report Post »cykonas
Posted on January 4, 2011 at 7:21amI have always been against the death penalty for two reasons. The primary reason is moral in nature. This story illustrates my second objection to it. Had this been a capital case, and this guy had been put to death, then what? It is one of the few times that I think we should not accept any margin of error. Even if we (society at large) only falsely put to death one in ten million it’s too many for me.
I’m hope this guy will enjoy the rest of his life in freedom and peace.
Report Post »PatriotDaze
Posted on January 4, 2011 at 6:45amTexas, the busiest state for executions, should run DNA testing on all death row inmates.
Report Post »Ellie
Posted on January 4, 2011 at 12:18pmI’ve been a long time fan of the idea that all death-row inmates, in all states, get DNA tests in the cases where the results may exonerate them. However, a large number of the convict clients of the Innocence Project are FURTHER proven GUILTY by the DNA test results and yet they are still allowed to continue their appeals rather then being fast tracked down the green mile.
Report Post »Ray2447
Posted on January 4, 2011 at 4:00amThe first step in the false conviction of this man was a false accusation of rape. DNA proved he was not a rapist. Think of all the men who will rot in jail, because they actually had sex with their false accusers so DNA evidence will not help them. Welcome to the witch hunt.
Report Post »Taquoshi
Posted on January 4, 2011 at 9:57amI think the first step in this false imprisonment was the mis-identification of the perps. The rape happened. It was backed up by the medical evidence, which is what ultimately freed the man.
As sad and as wrong as it was, I don‘t think it was malicious on the victim’s part. I believe she pointed out the man that she thought did it. She thought wrong. Now they have the technology to get the guy who actually did rape her.
Report Post »brknhrt
Posted on January 4, 2011 at 8:37pmHe was already suspected of another rape. I wonder if they will check his DNA against that crime. Perhaps he was just convicted of the wrong rape.
Report Post »maxarma1
Posted on January 4, 2011 at 3:42amAlthough it goes against my belief of government spending and nanny state mentality…. I think in this case as well as all cases that are reopened and DNA shows without a doubt that the accused and convicted were in deed innocent… The county should have to fork up payment to that poor man for 30 years of lost opportunity and freedom.. Now i’m not saying millions of dollars but he should not have to worry about a home an a fair shot of employment!
Report Post »scout n ambush
Posted on January 4, 2011 at 3:17amNow if they could use that same dna evidence to find the actual perp.
Report Post »Plankchapel
Posted on January 4, 2011 at 4:01amIf they catch the perp for some reason, they will take DNA samples and run tests. And, they will keep the samples on file.
North Carolina does the same thing. (But Lord have mercy, the State Crime Lab is backed up!!!)
Report Post »WireWizard
Posted on January 4, 2011 at 7:48amStatute of Limitations. Sometimes it sux
Report Post »oldphart
Posted on January 4, 2011 at 2:52amWhile it‘s deplorable that this poor man spent 30 years in prison for a crime he didn’t commit, I have a question.
How was he free before the test results confirmed his innocence?
Report Post »Psychosis
Posted on January 4, 2011 at 3:05amits called parole.
sorry oldtimer time to get those eyes checked again lol :) stated in the second paragraph
Report Post »Chet Hempstead
Posted on January 4, 2011 at 3:58amThe sad truth is, though not many innocent people get convicted of serious crimes like this, when they do they often serve longer than guilty people do for the same crimes. You have to show remorse to get a parole; the parole board will turn you down if you go to them with claims of innocence. The guilty will make a big display of contrition as soon as they get a hearing, whether they actually feel any or not. It’s much harder for people whose knowledge of their own innocence is the main source for the strength to contuinue to convincingly take responsibility for something they aren’t really responsible for.
Report Post »mndjohnson
Posted on January 4, 2011 at 2:18amThat is sad. Loss of freedom for anyone is a tough row to hoe. Especially when you are not guilty.
Report Post »Americans love their Freedom and plan to keep it.
RobertCA
Posted on January 4, 2011 at 2:17pmYes that is really sad & on top of that the real killer is still out there .
Report Post »He should get some kind of compensation .
FoxholeAtheist
Posted on January 4, 2011 at 2:08amWhat? You mean evil science actually helped someone? It wasn’t the power of prayer?
Report Post »Psychosis
Posted on January 4, 2011 at 3:06amreally? go troll somewhere else
Report Post »Plankchapel
Posted on January 4, 2011 at 3:57amAthiest nutjob, I think that Dupree and Massingill most likely feel that their prayers were answered.
Report Post »jzs
Posted on January 4, 2011 at 4:53amConservatives complain that our legal system “protects the criminals.” The criminals have more rights that the rest of of, that’s the claim. But that’s false. Our legal system, wisely, is designed to protect, not the guilty, but the innocent. The system is designed to protect you and me, not the criminals or terrorists, from being convicted on trumped up charges simply to convict someone or, more nefariously, for political reasons. Humankind has a long history of punishing people who are not guilty, and the Founders were wise to pass down the system we have.
This is an example of where protection of the innocent failed, and should be a lesson to all of us.
Report Post »dpselfe
Posted on January 4, 2011 at 6:04amThe science, and the talents and the abilities of those who proved this man innocent……….all from God. Science isn’t evil, it’s an incredible gift from God which when used responsibly, serves to glorify Him.
God let this man stay in prison for 30 years. Why? Only God knows. Just like only God knows why people who mock Him aren’t imediately struck dead. Maybe they’re here to serve as a lesson for someone else.
Science is simply Man‘s attempt to explain the beauty of God’s Creation.
Report Post »grandmaof5
Posted on January 4, 2011 at 7:41amFOXHOLEATHEIST thinks science is evil, what’s with that? He must not want innocent people to be let out of jail which means he must want them to spend the rest of their innocent lives there. Very sad state of mind.
Report Post »GEW
Posted on January 4, 2011 at 7:42amIs is the power of prayer that brought the science to fruitation and the result of his freedom…ask him he will tell you.
Report Post »tower7femacamp
Posted on January 4, 2011 at 8:02amHe is by no means the only Innocent man in prison
Report Post »http://www.drugpolicy.org/library/scotti_jc.cfm
Cemoto78
Posted on January 4, 2011 at 8:03amHow come when there was clear cut DNA evidence against O. J. Simpson, it was ignored? Now there is a guy that was guilty as the day is long, but was able to buy his way out of it. Sometimes you have to feel we have the best justice system money can buy. I do however, am thankful for those who are proved innocent and given back their freedom and lives.
Report Post »FoxholeAtheist
Posted on January 4, 2011 at 12:14pm@Plan
You are the one who believes whatever your told without proof and yet you call me a nutjob.
Report Post »FoxholeAtheist
Posted on January 4, 2011 at 12:18pmGEW, had he just relied on the power of prayer he would have died in prison.
Grandma, you aren’t making any sense.
Dpselfe, all religion does is stand in the way of science. It’s all it ever has done. If it didn’t, this man may have never gone to prison in the first place.
Report Post »dontbotherme
Posted on January 4, 2011 at 8:48pmFoxhole – This is the 8th time I’m asking you: What are your morals & where do they come from? No more long diatribes against Christianity. No more name calling. You need not fear us. You need not fear Jesus Christ. He loves you & is calling you by name to come into His light of love. Again, #8: What are your morals & where do they come from? Who are you following? Please answer the question. God bless you.
Report Post »ChiefGeorge
Posted on January 5, 2011 at 8:30pmThank God he got out!
Report Post »hud
Posted on January 6, 2011 at 12:56pmI use to have a lot of faith in our justice system, but time and television have eroded my belief in the honesty and integrity of prosecutors and detectives.When these people get a bee in their bonnet facts don’t seem to matter.
Report Post »sheepeverywhere
Posted on January 17, 2011 at 5:48pmlol @dontbotherme. who is your daddy, and what does he do?! i’m sure foxhole has FAR more consistent “morals” than you do. you don’t need to be a FOLLOWER (keyword) to have morals, genius. I understand it’s hard to believe that free-thinkers could somehow be more intelligent than you are, but that is indeed the case. Sorry I had to be the one to let you know =(
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