Reminds me of why I oppose death penalty in Texas

James Griffin · #1 01-03-2008, 02:26 PM

By PAUL J. WEBERWed Jan 2, 11:55 PM ET

A man convicted of raping a woman in 1981 and sentenced to life in prison has been cleared by DNA evidence and will be released, according to attorneys who have helped free 14 other wrongfully convicted inmates in Dallas County.

Charles Chatman, 47, is expected to be released Thursday after spending more than 26 years behind bars, said Natalie Roetzel of the Innocence Project of Texas.

"I never lost hope," Chatman told The Associated Press. "I always believed I would get out. I didn't know when or how, but I kept believing."

Chatman would be the 15th inmate convicted in Dallas County and later exonerated by DNA evidence, the most of any prosecuting office in the nation, according to the Innocence Project.

"Charles has always maintained his innocence," said Michelle Moore, a Dallas County public defender.

Since 2001, DNA tests have exonerated at least 30 wrongfully convicted inmates in Texas, the most of any state, according to the Innocence Project, a New York-based legal clinic that seeks to uncover wrongful convictions.
Jamille Bradfield, a spokeswoman for the Dallas County District Attorney's Office, confirmed that there will be a court hearing Thursday morning at which Chatman is expected to win his release.

Chatman was 20 when the victim, a young woman in her 20s, picked him from a photo lineup, Moore said. His nearly 27 years in prison for aggravated sexual assault will make him the longest-serving inmate in Texas to be freed by DNA evidence, she said.

Chatman said he was already in jail on an unrelated burglary when he was charged. He said he lived five houses down from the victim for 13 years but never knew her. At the time the woman was assaulted, Chatman said he didn't have any front teeth; he had been certain that feature would set him apart from the real assailant.

Moore said Chatman applied for DNA testing in 2004 but was told the process could be risky. The only evidence containing DNA was from a swab from the victim, Moore said, and a single test would consume the entire sample. An inconclusive test would exhaust all evidence.

Despite the risks, Chatman reapplied for testing early last year.

"This is a guy who's had to face horrible decisions," Moore said.

Dallas County District Attorney Craig Watkins has started a program in which law students, supervised by the Innocence Project, are reviewing about 450 cases in which convicts have requested DNA testing to prove their innocence.
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Associated Press writer Jeff Carlton contributed to this report.

Cindy · #2 01-03-2008, 03:48 PM

Just in Texas or do you oppose it elsewhere?

Nahum · #3 01-03-2008, 03:50 PM

I oppose the death penalty 100%.

I'm with you James.

James Griffin · #4 01-03-2008, 09:54 PM

Quote:

Originally Posted by cneasttx

Just in Texas or do you oppose it elsewhere?

CNEASTTX,

I personally believe all death penalty administered by human government is wrong.

However, everyone should believe the death penalty, especially as administered in Texas is wrong. And I am one of the few who have actually litigated on both sides of capital cases in Texas, so I consider my views balanced.

The state of Texas executes more people than all but a couple countries in the world. (Including such luminaries as China, and Iraq),

Harris County (Houston) is the undisputed death capital of Texas.

It is the only major metro area in the US I am aware of with NO public defenders. The judge of the case makes individual appointments to defense attorneys.

For decades Houston was the only metro area without an accredited crime lab. Even now it has been the target of several federal investigations and currently there are thousands of cases under review.

I am just getting warmed up and could honestly speak for an hour on the topic. Suffice it to say the simple answer to your question.

Yes I oppose the death penalty generally.

Everyone should oppose the death penalty as administered in Texas.

Cindy · #5 01-04-2008, 02:24 AM

Thank you.
Wow, I was born in Houston, grew up in Dallas and now live in a rural town in East TX. Had heard about the crime lab situtaion in Harris County on the news. My views on the death penalty have changed over the years. As I have gotten older I guess I have learned mercy, not tolerance for crime, but mercy for human life. This man was in his early 20's when he was sent to prison. So he has spent half his life in prison for a crime he didn't commit. Will there be any reprucussions for the woman that ID'd him?

James Griffin · #6 01-04-2008, 01:23 PM

Quote:

Originally Posted by cneasttx

Thank you.
Wow, I was born in Houston, grew up in Dallas and now live in a rural town in East TX. Had heard about the crime lab situtaion in Harris County on the news. My views on the death penalty have changed over the years. As I have gotten older I guess I have learned mercy, not tolerance for crime, but mercy for human life. This man was in his early 20's when he was sent to prison. So he has spent half his life in prison for a crime he didn't commit. Will there be any reprucussions for the woman that ID'd him?

Not legally nor should there be (except in the rare case where false testimony was given with malicious intent). I imagine for most it would be intense enough punishment to find out that you had falsely ID'd the wrong person, and not only that, while they were languishing in prison the real rapist was roaming free.

But good question.

Cindy · #7 01-04-2008, 03:26 PM

I use to think sexual assault should be considered a capital case w/death penalty as an option. Sometimes more so than murder. I think a lot of women probably felt this way at one time or other. But what I was kind of getting from the article was that they probably saw each other some since they lived that close together. Just wondered if she chose him as a scapegoat for some reason known only to her. As in maybe it wasn't a case of mistaken identity on her part. Maybe it was intentional.

James Griffin · #8 01-04-2008, 04:46 PM

Quote:

Originally Posted by cneasttx

I use to think sexual assault should be considered a capital case w/death penalty as an option. Sometimes more so than murder. I think a lot of women probably felt this way at one time or other. But what I was kind of getting from the article was that they probably saw each other some since they lived that close together. Just wondered if she chose him as a scapegoat for some reason known only to her. As in maybe it wasn't a case of mistaken identity on her part. Maybe it was intentional.

Personally I think it was a case of mistaken identity. False memory created when shown photo lineup. (He looks familiar and since the police are showing me those pictures it must be one of them). The false memory phenomenon is even more pronounced in child molestation cases.

One reason for not making rape a death penalty case is the theory the rapist would have NOTHING to lose to killing the victim, since he is facing death anyway.