No Comment — January 5, 2011, 4:18 pm

In Texas, 41 Exonerations from DNA Evidence in 9 Years

In a Dallas courtroom yesterday Cornelius Dupree, who had spent thirty years in prison on a conviction for rape, robbery, and abduction, was told that he had been exonerated. DNA evidence had shown unequivocally that he was not the man who had committed the crime in question. The judgment came too late for Dupree, who had already served his full sentence; the court was merely terminating his parole status. The Dallas Morning News reports:

With 21 DNA exonerations in Dallas County – more than any county in the nation since 2001 – it was believed there were few wrongly incarcerated people left who could be cleared by DNA evidence. Authorities thought that evidence with DNA had only been preserved by the county’s lab since 1981.

But the county’s crime lab discovered DNA to test in pubic hair cuttings of the rape victim while searching for evidence in the Dupree case at the request of the district attorney’s office. Previously, those who worked on DNA exoneration cases believed there would be no DNA to test because swabs that would have collected DNA with rape kits were not preserved at the time.

The Dallas County district attorney’s office says it will now examine two new groups of cases: those that were previously discounted because they were so old that no testable evidence was believed to exist, and more recent cases that the office had already reviewed and rejected as potential exonerations because prosecutors thought no testable evidence existed.

The Dupree case reveals some other weaknesses of the criminal justice system. Dupree’s three appeals, focusing on procedural failings of the trial and the inherent weakness of the evidence on which he was convicted, went nowhere. His requests to be pardoned or paroled, or to have his sentence reduced, were all turned down. At the core of the pardons and clemency system is the firm requirement that a convicted person acknowledge his guilt—a requirement designed both to bolster faith in the fairness of the criminal justice system and to establish that the prisoner had reformed. But Dupree stubbornly maintained his innocence. Even though he had been a model prisoner, parole was therefore unavailable to him. The Dupree case demonstrates once more the enormous power the state has to secure false convictions and to pressure the accused to accept unjust charges. In the meantime, of course, the actual perpetrator of the crime could escape unpunished.

To its credit, the Texas legislature, taking note of the 41 exonerations produced by modern evidence since 2001, passed an act to compensate those who had been wrongfully imprisoned. Dupree will be eligible to receive $80,000 for each year he was imprisoned, plus an annuity, with a tax-free cash value of about $2.4 million.

The string of exonerations in Dallas are possible because of the personal commitment of Dallas District Attorney Craig Watkins, who announced after he was elected in 2007 that he would take a serious look at DNA evidence in cases in which prosecutors had achieved convictions. Watkins’s decision has not been popular with prosecutors, but it’s a simple fact that even conscientious prosecutors make errors in the rush to secure convictions, particularly for heinous crimes. And many prosecutors are more interested in building a career than in doing justice. Watkins can stand as a model for prosecutors across the country, and particularly in the Department of Justice in Washington.

Some prosecutors argue that the reputation of the criminal justice system and our interest in keeping costs down require a policy that avoids looking back. They say that once a defendant has had his pass through the system, flawed though it may be, he has gotten all the law promises. But the integrity of the criminal justice system depends first on its ability to dispense justice, and that must include a recognition that prosecutors, judges, and juries make mistakes. By exposing their past injustices, courts and prosecutors in Dallas are revealing their own reinvigorated commitment to do justice and are converting a tarnished record into a beacon for the rest of the country.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 167 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

February 2018

The Bodies in The Forest

= Subscribers only.
Sign in here.
Subscribe here.

The Minds of Others

= Subscribers only.
Sign in here.
Subscribe here.

Modern Despots

= Subscribers only.
Sign in here.
Subscribe here.

Before the Deluge

= Subscribers only.
Sign in here.
Subscribe here.

Notes to Self

= Subscribers only.
Sign in here.
Subscribe here.

Within Reach

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Pushing the Limit·

= Subscribers only.
Sign in here.
Subscribe here.

In the early Eighties, Andy King, the coach of the Seawolves, a swim club in Danville, California, instructed Debra Denithorne, aged twelve, to do doubles — to practice in the morning and the afternoon. King told Denithorne’s parents that he saw in her the potential to receive a college scholarship, and even to compete in the Olympics. Tall swimmers have an advantage in the water, and by the time Denithorne turned thirteen, she was five foot eight. She dropped soccer and a religious group to spend more time at the pool.

Illustration by Shonagh Rae
Article
The Minds of Others·

= Subscribers only.
Sign in here.
Subscribe here.

Progress is impossible without change,” George Bernard Shaw wrote in 1944, “and those who cannot change their minds cannot change anything.” But progress through persuasion has never seemed harder to achieve. Political segregation has made many Americans inaccessible, even unimaginable, to those on the other side of the partisan divide. On the rare occasions when we do come face-to-face, it is not clear what we could say to change each other’s minds or reach a worthwhile compromise. Psychological research has shown that humans often fail to process facts that conflict with our preexisting worldviews. The stakes are simply too high: our self-worth and identity are entangled with our beliefs — and with those who share them. The weakness of logic as a tool of persuasion, combined with the urgency of the political moment, can be paralyzing.

Yet we know that people do change their minds. We are constantly molded by our environment and our culture, by the events of the world, by the gossip we hear and the books we read. In the essays that follow, seven writers explore the ways that persuasion operates in our lives, from the intimate to the far-reaching. Some consider the ethics and mechanics of persuasion itself — in religion, politics, and foreign policy — and others turn their attention to the channels through which it acts, such as music, protest, and technology. How, they ask, can we persuade others to join our cause or see things the way we do? And when it comes to our own openness to change, how do we decide when to compromise and when to resist?

Illustration (detail) by Lincoln Agnew
Article
Within Reach·

= Subscribers only.
Sign in here.
Subscribe here.

On a balmy day last spring, Connor Chase sat on a red couch in the waiting room of a medical clinic in Columbus, Ohio, and watched the traffic on the street. His bleached-blond hair fell into his eyes as he scrolled through his phone to distract himself. Waiting to see Mimi Rivard, a nurse practitioner, was making Chase nervous: it would be the first time he would tell a medical professional that he was transgender.

By the time he arrived at the Equitas Health clinic, Chase was eighteen, and had long since come to dread doctors and hospitals. As a child, he’d had asthma, migraines, two surgeries for a tumor that had caused deafness in one ear, and gangrene from an infected bug bite. Doctors had always assumed he was a girl. After puberty, Chase said, he avoided looking in the mirror because his chest and hips “didn’t feel like my body.” He liked it when strangers saw him as male, but his voice was high-pitched, so he rarely spoke in public. Then, when Chase was fourteen, he watched a video on YouTube in which a twentysomething trans man described taking testosterone to lower his voice and appear more masculine. Suddenly, Chase had an explanation for how he felt — and what he wanted.

Illustration by Taylor Callery
Article
Before the Deluge·

= Subscribers only.
Sign in here.
Subscribe here.

In the summer of 2016, when Congress installed a financial control board to address Puerto Rico’s crippling debt, I traveled to San Juan, the capital. The island owed some $120 billion, and Wall Street was demanding action. On the news, President Obama announced his appointments to the Junta de Supervisión y Administración Financiera. “The task ahead for Puerto Rico is not an easy one,” he said. “But I am confident Puerto Rico is up to the challenge of stabilizing the fiscal situation, restoring growth, and building a better future for all Puerto Ricans.” Among locals, however, the control board was widely viewed as a transparent effort to satisfy mainland creditors — just the latest tool of colonialist plundering that went back generations.

Photograph from Puerto Rico by Christopher Gregory
Article
Monumental Error·

= Subscribers only.
Sign in here.
Subscribe here.

In 1899, the art critic Layton Crippen complained in the New York Times that private donors and committees had been permitted to run amok, erecting all across the city a large number of “painfully ugly monuments.” The very worst statues had been dumped in Central Park. “The sculptures go as far toward spoiling the Park as it is possible to spoil it,” he wrote. Even worse, he lamented, no organization had “power of removal” to correct the damage that was being done.

Illustration by Steve Brodner

Cost of a baby-stroller cleaning, with wheel detailing, at Tot Squad in New York City:

$119.99

Australian biologists trained monitor lizards not to eat cane toads.

Trump tweeted that he had created “jobs, jobs, jobs” since becoming president, and it was reported that Trump plans to bolster job creation by loosening regulations on the global sale of US-made artillery, warships, fighter jets, and drones.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Report — From the June 2013 issue

How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

By

"Gun owners have long been the hypochondriacs of American politics. Over the past twenty years, the gun-rights movement has won just about every battle it has fought; states have passed at least a hundred laws loosening gun restrictions since President Obama took office. Yet the National Rifle Association has continued to insist that government confiscation of privately owned firearms is nigh. The NRA’s alarmism helped maintain an active membership, but the strategy was risky: sooner or later, gun guys might have realized that they’d been had. Then came the shootings at a movie theater in Aurora, Colorado, and at Sandy Hook Elementary School in Newtown, Connecticut, followed swiftly by the nightmare the NRA had been promising for decades: a dedicated push at every level of government for new gun laws. The gun-rights movement was now that most insufferable of species: a hypochondriac taken suddenly, seriously ill."

Subscribe Today