Thursday, November 02, 2006

Innocent Man Released after 25 years in Prison

By ROBERT THARP / The Dallas Morning News

First the judge apologized, then the prosecutor. Finally, after 25 years in prison, 58-year-old Larry Fuller triumphantly walked out of the courthouse Tuesday a free man.

"There's no bitterness," he said. "This is what life is about – trial and tribulation."

But outside the courtroom, those who worked five years to secure the DNA testing that would prove his innocence had harsh words for the Dallas County justice system. They demanded that Mr. Fuller's exoneration become more than just the latest case of DNA testing righting a legal wrong from a generation ago.

With 10 such exonerations in the last five years, Dallas law enforcement should undergo a critical self-examination and embrace tighter standards when relying solely on eyewitnesses, said lawyer Barry Scheck, co-director of the national Innocence Project.

"Every time a case like Larry's occurs, we have to learn a lesson," Mr. Scheck said.

But police and prosecutors say they understand that eyewitnesses are notoriously unreliable and that they no longer operate under the practices that resulted in Mr. Fuller's wrongful 1981 rape conviction and 50-year prison sentence.

Dallas police have volunteered to be a test city to try out progressive new eyewitness identification techniques recommended by the Police Executive Research Forum. The proposed changes have been delayed until grant funding occurs, police officials said.

Mr. Scheck also asked that prosecutors review the 10 recent exoneration cases to determine how they occurred and make sure the same mistakes are not repeated.

Cases from 1980s

Assistant District Attorney John Rolater, who supervises the office's appeals for DNA testing, said the district attorney's office might consider Mr. Scheck's request if a specific proposal is presented to the office.

Mr. Rolater noted that all but one of the 10 exonerations date to the 1980s and involve four different police agencies and assorted prosecutors and courts.

And while Mr. Rolater acknowledged that any wrongful conviction is bad, he disputed that 10 exonerations are a cause for concern. Although the exonerations have occurred in the last five years, they represent prosecutions that date back 25 years and the office prosecutes about 20,000 cases a year.

"It doesn't seem like an abnormally high number to me," he said. "I don't think they've identified a systemic problem in our methods."

Mr. Fuller's case is typical of the nine other recent exonerations in Dallas County. He was arrested and charged with aggravated rape after a sexual assault victim picked him out of a photo lineup.

The victim in the case initially told police that she could not provide a detailed description of her attacker because the assault occurred in the dark. She later picked him as the suspect only after she was presented with two photo lineups in which he was the only person present in both lineups.

Roy Malpass, a psychology and criminal justice professor at the University of Texas at El Paso, said it was wrong for police to present the woman with a second photo lineup because she probably inadvertently recognized him from studying the first lineup.

"That's really scary for the cops to do that," Dr. Malpass said. "They have their answer after the first one – she couldn't make an identification. If they really believe it's him then let's find some other evidence. Eyewitness testimony is cheap, especially if you can cook them."

Dallas Assistant Police Chief Ron Waldrop said detectives rarely present a second lineup to a witness anymore.

Mr. Rolater said the 10 men exonerated so far would not have been prosecuted today because their evidence would be tested before they reached trial.

Mr. Scheck said DNA is not a panacea for the justice system because about 90 percent of crime investigations don't recover DNA evidence.

Eyewitness accounts

Although eyewitness accounts have long been the backbone of the justice system and are considered by juries to be more reliable than circumstantial evidence, numerous studies have found they are notoriously inaccurate.

Under the stress of an attack, witnesses' recollections can be distorted. Some experience "weapon focus," where they are fixated by the weapon they are being threatened with and remember little else.

"Wouldn't you look at the barrel of a .45, if it was pointed at your face," said Dallas forensic psychologist Bill Flynn.

Studies have also proved that witnesses of one race have trouble accurately describing an attacker of another race.

And after a crime occurs, memories can be influenced by how detectives mold their questions and the manner in which they present a photo lineup of possible suspects, Dr. Malpass said.

If Mr. Fuller's experience is like those of other recent Dallas exonerees, his release from prison is not a cure-all, and more struggles are almost sure to come. Greg Wallis, Billy Smith and Billy Miller, who all attended Mr. Fuller's hearing Tuesday, said they have had a hard time finding work and getting on with their lives since their release from prison.

They are eligible for up to $250,000 compensation for their wrongful imprisonment, but the money can take months to receive and is taxed heavily.

"I'm still struggling, trying to find a place to stay, employment, health insurance," said Mr. Smith, who served more than 19 years in prison. "I'm just out here, and I'm struggling."

Staff writer Jason Trahan contributed to this report.

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