DNA Clears Man of 1981 Rape Conviction

[Brutuskend]

DNA Clears Man of 1981 Rape Conviction
By ANABELLE GARAY, Associated Press Writer
Wed Nov 1, 0:33 AM

DALLAS - A decorated Vietnam veteran convicted of rape 25 years ago became a free man Tuesday after a judge ruled he probably wouldn't have been found guilty if DNA testing had been available.

Specialized DNA testing performed this year proved Larry Fuller, 57, was not the assailant who raped a Dallas woman in her home. Fuller has spent about two decades in prison for the crime.

"My faith was tested and I won," he said, trembling slightly as he left the courthouse carrying two worn paperback Bibles.

Fuller was sentenced in 1981 to 50 years behind bars after jurors convicted him of aggravated rape. Authorities claimed that he broke into a 37-year-old woman's apartment and raped her, using a butcher knife to cut her as she struggled.

The woman looked at two photo lineups, both of which included Fuller. She picked him in the second one, even though Fuller was bearded in the picture and she said her attacker had no facial hair.

At the time, Fuller was a 32-year-old Vietnam veteran who had received the Air Medal for taking care of his crew. He was pursing a career in art and had worked as a driver and warehouse employee.

Fuller served 18 years in prison before being released in 1999. He was sent back to prison last year for a parole violation. All the while, he professed his innocence and tried to prove it through DNA. This year, the Dallas County prosecutor's office agreed to allow the additional testing.

Both the assistant district attorney and state District Judge Lana McDaniel apologized to Fuller; neither were involved in the original case. The judge said she felt sick to her stomach over all the time he spent in prison for a crime he didn't commit.

"Thank you," Fuller responded. "Apology accepted."

 

[MisterJackson]

I think cases like this should have the guy compensated for taking a huge chunk of his life. He's set back so far in life now. Imagine where he might be had this not happened. Granted he could be worse off, but still, it just really sucks.

 

[krunchykrome]

Originally posted by: MisterJackson
I think cases like this should have the guy compensated for taking a huge chunk of his life. He's set back so far in life now. Imagine where he might be had this not happened. Granted he could be worse off, but still, it just really sucks.

What kind of compensation do you think he should be given? I agree with you, something should be done for this guy because his life has been wasted.

 

[desy]

Now you wonder why I don't support the death penalty?
The 'claim' no innocent man has ever been executed, horsesh1t!
Lots deserve to die don't get me wrong, but C&P isn't a perfect thing.

 

[DougK62]

Originally posted by: krunchykrome

Originally posted by: MisterJackson
I think cases like this should have the guy compensated for taking a huge chunk of his life. He's set back so far in life now. Imagine where he might be had this not happened. Granted he could be worse off, but still, it just really sucks.

What kind of compensation do you think he should be given? I agree with you, something should be done for this guy because his life has been wasted.

The state that convicted him should give him a big chunk of change to get his life rolling again. A few million, IMO.

 

[Nik]

Wow, just 25 years ago we were giving out 50 year terms for raping 1 woman? :Q

Jeez, no wonder crime has skyrocketed - nobody's afraid of the consequences anymore since they're practically a slap on the wrist!

 

[drinkmorejava]

WTF he had a beard and she said the assailant didn't; the prosecutors should be fscking raped.

 

[Nik]

Originally posted by: krunchykrome

Originally posted by: MisterJackson
I think cases like this should have the guy compensated for taking a huge chunk of his life. He's set back so far in life now. Imagine where he might be had this not happened. Granted he could be worse off, but still, it just really sucks.

What kind of compensation do you think he should be given? I agree with you, something should be done for this guy because his life has been wasted.

40-hour work weeks at the average rate of hourly compensation for a job his skills are best suited for, also accounting for raises and inflation/cost of living increases over the years.

 

[SagaLore]

Originally posted by: Brutuskend
The woman looked at two photo lineups, both of which included Fuller. She picked him in the second one, even though Fuller was bearded in the picture and she said her attacker had no facial hair.

I am both laughing and crying over this. Even without dna evidence, this statement alone was enough for him NOT to go to prison. :|

 

[Nik]

Originally posted by: desy
Now you wonder why I don't support the death penalty?
The 'claim' no innocent man has ever been executed, horsesh1t!
Lots deserve to die don't get me wrong, but C&P isn't a perfect thing.

You don't sentance someone to death if you don't have absolute proof. That's WHY no innocent person has ever been executed.

 

[rivan]

There's not a word to describe the injustice of this. There's no way to compensate this man - there's not enough money in the world to replace those years.

 

[ForumMaster]

god that guy must be so angry now. didn't they even compensate him? 25 years of his life are gone and just bye?

 

[rivan]

Originally posted by: GuideBot

Originally posted by: desy
Now you wonder why I don't support the death penalty?
The 'claim' no innocent man has ever been executed, horsesh1t!
Lots deserve to die don't get me wrong, but C&P isn't a perfect thing.

You don't sentance someone to death if you don't have absolute proof. That's WHY no innocent person has ever been executed.

I'm all for the death penalty, but that sort of assertion is just plain silly.

 

[lyssword]

Originally posted by: GuideBot
Wow, just 25 years ago we were giving out 50 year terms for raping 1 woman? :Q

Jeez, no wonder crime has skyrocketed - nobody's afraid of the consequences anymore since they're practically a slap on the wrist!

Hmm? Crime rate % stayed about same or even lower in recent history..

 

[ElFenix]

Originally posted by: SagaLore

Originally posted by: Brutuskend
The woman looked at two photo lineups, both of which included Fuller. She picked him in the second one, even though Fuller was bearded in the picture and she said her attacker had no facial hair.

I am both laughing and crying over this. Even without dna evidence, this statement alone was enough for him NOT to go to prison. :|

juries like witness IDs, even though they are often the most unreliable evidence you can have.

 

[MisterJackson]

Originally posted by: krunchykrome

Originally posted by: MisterJackson
I think cases like this should have the guy compensated for taking a huge chunk of his life. He's set back so far in life now. Imagine where he might be had this not happened. Granted he could be worse off, but still, it just really sucks.

What kind of compensation do you think he should be given? I agree with you, something should be done for this guy because his life has been wasted.

Well, I'd argue a million for every year wrongly incarcirated. It's a nice, fat, rounded number. I pull that number from my ass though, not from any specific reasoning.

 

[ThePresence]

Compensate? He's able to sue the state for wrongful imprisonment if he so chooses. Would not be the first time.

 

[Crucial]

Now we can only hope he doesn't get out of jail and brutaly rape and kill someone else.

http://www.innocenceproject.org/case/display_profile.php?id=137

http://www.crimelibrary.com/serial_killers/predators/steven_avery_halbach/1.html

 

[swimscubasteve]

The jury found him guilty, not the state. Who is he going to sue, the people that are still alive from the jury?

 

[ThePresence]

Originally posted by: swimscubasteve
The jury found him guilty, not the state. Who is he going to sue, the people that are still alive from the jury?

No, they sue the state because the prosecutor obviously screwed up. The state is usually the one pressing charges. I think that's how it works.

 

[Billzie7718]

If this is any indication of the compensation amounts...

http://capitaldefenseweekly.com/2005/08...nsating-wrongly-convicted-funding.html

 

[Don Vito Corleone]

Originally posted by: GuideBot

Originally posted by: desy
Now you wonder why I don't support the death penalty?
The 'claim' no innocent man has ever been executed, horsesh1t!
Lots deserve to die don't get me wrong, but C&P isn't a perfect thing.

You don't sentance someone to death if you don't have absolute proof. That's WHY no innocent person has ever been executed.

Are you really that naive? Dozens of death-row inmates have been freed since the advent of DNA evidence, which could conclusively prove their innocence? Illinois suspended executions several years ago after 13 people were freed from its death row, more than the number that remained there. I have to believe that many, many innocent people have been executed in this country over the years.

 

[desy]

Funny 10% of death row in-mates in Illinois were cleared by DNA evidence which means they had their trial by their peers and sentanced to death.
Now that begs the question before DNA evidence and un-reliable eye-witness testimony, perfectly exampled in this case, how many wrongfully convicted people went to the chamber?
If you think its still zero you are woe-fully naive.

 

[Brutuskend]

Originally posted by: Crucial
Now we can only hope he doesn't get out of jail and brutaly rape and kill someone else.

http://www.innocenceproject.org/case/display_profile.php?id=137

http://www.crimelibrary.com/serial_killers/predators/steven_avery_halbach/1.html

That IS a problem.

Even if someone goes into the system innocent and a good person, due to all that they may experience during their incarceration they can come out a totally different person.

End the end, who's fault is their behavior after they are set free? 🙁

 

[Don Vito Corleone]

Originally posted by: Brutuskend

Originally posted by: Crucial
Now we can only hope he doesn't get out of jail and brutaly rape and kill someone else.

http://www.innocenceproject.org/case/display_profile.php?id=137

http://www.crimelibrary.com/serial_killers/predators/steven_avery_halbach/1.html

That IS a problem.

Even if someone goes into the system innocent and a good person, due to all that they may experience during their incarceration they can come out a totally different person.

End the end, who's fault is their behavior after they are set free? 🙁

That is a legitimate problem. Frankly Avery doesn't appear to have been the world's greatest guy in the first place, hence the authorities' enthusiasm for prosecuting him for a crime he apparently didn't commit. This is not uncommon - the police become fixated on a suspect due to his criminal record, and stop looking elsewhere. They prosecute an innocent (or at least innocent of that particular offense) person, who just becomes angrier, more dangerous, and less capable of leading a civilized life during his incarceration.

From my perspective, Avery is the one who is responsible for his own behavior, but there's no question his treatment by the state contributed to his dangerousness.