Quote:
DNA Test Frees Man After 19 Years
(AP) A man who spent 19 years behind bars for a rape he didn't commit was released from prison Monday after new tests of DNA evidence cleared him.
Friends and family broke into applause when a county judge dismissed charges against Thomas A. Doswell. About 30 minutes later, Doswell walked out of the county jail a free man expressing thanks, not bitterness.
"I'm thankful to be home," he told The Associated Press from his mother's house. "I'm thankful justice has been served. The court system is not perfect, but it works."
Doswell, 46, was convicted in the 1986 rape of a 48-year-old woman at a hospital in Pittsburgh. When he was convicted, he was 25 and the father of two young children.
He was sentenced to 13 to 26 years in prison and was denied parole four times because he refused to accept responsibility for the crime.
Prosecutors originally opposed DNA testing for Doswell, but a judge ordered it. When the tests came back last month showing that semen taken from the victim was not from Doswell, prosecutors filed motions to vacate his sentence and release him.
"These tests confirmed what Mr. Doswell has been saying from the moment he was charged, that he was innocent and that this was a misidentification brought about by police officers who may have engaged in misconduct," said Colin Starger of the Innocence Project at the Benjamin N. Cardozo School of Law at Yeshiva University in New York.
The victim and another witness had picked out Doswell's photo from a group of eight shown to them by police.
At the time, Pittsburgh police identified mug shots of people charged with rape with the letter "R." Doswell insisted witnesses identified him as the rapist only because the letter "R" appeared under his mug shot.
His photo was marked because an ex-girlfriend had accused him of rape, but he was acquitted of that charge. Police officials say they no longer mark photos of rape suspects with an "R."
Authorities plan to compare the DNA sample taken from the victim with national databanks, but so far do not have any suspects.
Although Doswell spent nearly two decades in prison, neither he nor his family said they were angry.
"I couldn't walk around with anger and bitterness," said Doswell, speaking on a cell phone for what he said was the first time. "It would have done me more harm than good."
Doswell spent his years in prison getting an associate's degree, learning to speak Spanish and mastering seven musical instruments, including the guitar, saxophone, flute, drums and trumpet.
"I am so happy to be actually seeing him at home instead of in jail," said Crystal Glover, Doswell's girlfriend. "Now we can get on with our lives."
Ok, so this IS good news. This guy was/is innocent and now free. However, he almost 20 years of his life behind bars for a crime he didn't commit. Thats a good ammount of his life.
So I have a question. Should law enforcement/the prosecuter who put him behind bars for a crime he didn't commit? Should he be held liable/accountable for screwing up in situations like this? This isn't the first time we've read of stories like this in history.
Under US law, there is no law that says a person can sue the courts/prosecuters for false inprisionment, even after being proven innocent. They basically say "Sorry, now f-off and do whatever..".
Should a law be created that makes prosecuters and courts liable for ruining peoples lives after a certain period of time if they find someone guilty and then later on find out he is actually innocent...especially when misconduct is involved? What do you guys think? Opinions
I'd say most definately, it's complete injustice to steal time (not to mention, leave the true criminal free and unprosecuted) and not allow anyone any form of compensation for the mistake.
At least the death penalty is being used to an almost non-existant level these days, so we don't get any more Derek Bentley situations; but 19 years is just as bad as death. There's no way the guy will be able to work or live a normal life with his family after all this time.
Of course people as a collective would oppose such plans, because suing the court would become a very popular passtime, and the money that pays for it comes from the collective's pockets via tax.
So it's a matter of morality for the very very few who deserve justice, and losing out yourself as selfish people exploit the system (because they'll always find ways to do so); or deciding that one or two people who have suffered greatly don't deserve to make everyone get a nasty kick in the teeth.
I'd say it's more beneficial and constructive for high profile muck-ups like this to come with a donation box. I'd gladly donate a little something to help this man find a life for himself on the other side of the fence.
Near anyone can be sued for malpractice like this. I don't think court should be any different especially since a slip up on their part makes the most impact on a person's life out of almost any other situation (right along side malpractice on a Doctor's part).
I agree. There should be compensation for those who are wrongfully jailed, as well as an inquiry as to why the prosecutor didn't allow DNA tests to be conducted on this case. Why was the DA so adamant?
Anyways, congrats to this man for being cleared. Hopefully, he has a bright future ahead. 🙂
If he was acquitted of rape, he shouldn't have had the R on his photo in the first place.
20 years of his life. And how long would he have spent in prison if the DNA testing hadn't been allowed? And DNA testing has been around for some time now. Why wasn't he tested sooner?
Since anybody accused of rape gets a hard time whether they're found guilty or not, he should definitely have a chance to say "These guys screwed up!". But if that's the case, he might as well sue the judge, the jury, the prosecuters for locking him up, the defence lawyers for failing to protect him, and the accuser and the witness for falsely identifying him.
So I have a question. Should law enforcement/prosecuter who put him behind bars for a crime he didn't commit, should he be held liable/accountable for screwing up in situations like this? This isnt the first time we've read of stories like this in history.
If he were so inclined, the man could sue the US Government for damages, and would probably win a hefty compensation.
Knowing the "System," he'll probably have his story made into a Lifetime movie. -_-
But yeah... that really does suck. But at least it seems like he made the most of his time in prison. Hopefully, he'll get some sort of major compensation for it, though I hesitate to encourage the use of 'malpractice' suits against courts, because the vast majority of people will abuse it.
