Innocent man released after 25 years in prison

(Also Online VIDEO: Larry Fuller is released after a DNA test cleared his
1981 rape conviction )

Again, DNA frees a convict
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."

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Source : Dallas Morning News

http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/110106dnm
etfullerfolo.57269e3.html

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