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Texas Man Freed After DNA Clears Him Of 1988 Rape
CBS Local (DFW) ^ | August 24, 2012 | CBS Dallas

Posted on 08/27/2012 7:33:28 PM PDT by Altariel

FORT WORTH (CBSDFW.COM) – After serving 24 years in prison for a crime he didn’t commit, today a North Texas man received an apology from a judge and a standing ovation in the courtroom.

David Lee Wiggins was freed from jail Friday after DNA tests proved he wasn’t the person who raped a 14-year-old girl back in 1988.

Wiggins was convicted of Aggravated Sexual Assault in 1989 after the teen victim identified him. The person who assaulted the young girl had covered her face for during most of the attack. Police showed the girl a photo lineup, then a live lineup and the girl said Wiggins looked familiar.

“He [Wiggins] was the only person who was both in the photo array and in the lineup, so of course she recognized him,” said Nina Morrison, an attorney with the Innocence Project of New York.

As he left the courtroom today he said he had no animosity toward the victim who mistakenly identified him.

“It was never he fault. She didn’t do nothing… I know that,” he said. “She was a victim. I’m sorry about what happened to her and I want her to know it.”

The Innocence Project nonprofit group successfully obtained the DNA test that proved Wiggins definitely wasn’t the girl’s attacker.

Recalling the day he got word about the test results Wiggins said, “They [the Innocence Project] called me again and said that the results are in and I’m innocent. It was kind of like ya know when I first got the life sentence. I was numb. I couldn’t really believe it.”

(Excerpt) Read more at dfw.cbslocal.com ...


TOPICS: Miscellaneous
KEYWORDS: davidwiggins; dna; innocent; texas
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To: Talisker

i have reservations also about the death penalty.

however, some cases are so obvious like that wonderful muslim who killed American soldiers, that there is no doubt.

shave his beard, cover him in pig fat and hang him.

do the same to that red haired freek that killed all those people in the movie theater.

hardly worth a trial, in a lot of cases.

Blessings, bobo


21 posted on 08/27/2012 8:09:04 PM PDT by bobo1
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To: sagar

And you know all of this . . . How?


22 posted on 08/27/2012 8:10:41 PM PDT by JohnBrowdie (http://forum.stink-eye.net)
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To: sagar

The victim was a 14 year old girl who had just been horrifically raped. I’m with Mr. Wiggins: she isn’t to blame.

As for thethe scumbag prosecutors who manipulated a 14 year old rape victim to get a “win,” they should have to serve 24 years of hard time.


23 posted on 08/27/2012 8:13:34 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: sagar

You read more about the case here. The victim was raped at knife point.

http://www.thenewstribune.com/2012/08/23/v-lite/2266092/dna-evidence-expected-to-clear.html


24 posted on 08/27/2012 8:13:34 PM PDT by KansasGirl ("If you have a business, you didn't build that. Somebody else made that happen."--B. Hussein Obama)
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To: JohnBrowdie

“And you know all of this . . . How?”

Let me tell you how... the “rapist” had been in jail for 24 years and everybody had taken a sigh of relief. Now, the so-called rapist was proven innocent of the framed crime and the remaining chatter is about a screwup... oopsie, now move along and have some bucks to make up for two and a half decade inside the hole.


25 posted on 08/27/2012 8:16:00 PM PDT by sagar
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To: Altariel
I'm more curious to know about the prosecutor at the time. How much evidence was suppressed or overlooked/ignored? How many and what shortcuts were taken to get a conviction instead of the truth??

Prosecutorial misconduct has become commonplace, today. For too many prosecutors, obtaining any conviction (which looks REALLY good to the voters) is far more important than obtaining justice. Although it was a scripted TV show, Hamilton Burger from the Perry Mason show was more concerned about truth and justice. That's how the system is supposed to work.

But, prosecutors have the leeway to take whatever steps they choose to get a conviction. They know that, if a convict is later prover's innocent, there is no penalty for them; after all, they got a conviction and, at the next election, can show that they cleared up X% of their criminal case load. Numbers count; NOT innocent people!!

26 posted on 08/27/2012 8:19:49 PM PDT by DustyMoment (Congress - another name for white collar criminals!!)
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To: sagar

It’s not like she made up the story of being raped or else there would not have been DNA on file to exonerate Mr. Wiggins. This is not a Duke/Magnum type case. She was a kid who was actually raped and then manipulated by scumbag cops and prosecutors. And you blame her? Can I get me some kitties here?!


27 posted on 08/27/2012 8:20:36 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: sagar

Perhaps he understands more about forgiveness and compassion than you do.

Perhaps he understands that the person deserving of punishment is the actual criminal, not the victim of a crime.

Fascinating that you are demanding the victim, a teenager at the time, be jailed and not the rapist.

Fascinating that you are not criticizing the police for setting up a situation in which it would be natural for the victim to recognize him (he being the only individual in both lineups) or not demanding the jailing of the prosecutor.

Your desire to jail the victim of rape is the very desire you claim to condemn—the desire to put a person innocent of a crime in jail.

His desire is one of grace and class and forgiveness.

Yours is one of anger, bitterness and revenge.

The real criminal is the actual rapist. Locate and jail him. (Assuming he is still alive; attempting to rape an armed victim is hazardous to one’s health and longevity in Texas).


28 posted on 08/27/2012 8:22:19 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: sagar

At least you have changed your angle. You were flirting with, “there is no rape. They all have it coming to them”.

The rest of your argument isn’t worth engaging in. I find you too distasteful to deal with.


29 posted on 08/27/2012 8:22:30 PM PDT by JohnBrowdie (http://forum.stink-eye.net)
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To: piytar

This. Thank you.

Those who blame the victims of rape when it is clear that a rape occurred enable the criminal rapists.

Criminals LOVE it when people blame the victim of a crime.


30 posted on 08/27/2012 8:24:05 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: sagar

Oh and to be clear, the cops and prosecutors who ran this railroad job should do 24 years hard time. And then be put to death.


31 posted on 08/27/2012 8:24:05 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: JohnBrowdie

“At least you have changed your angle. You were flirting with, “there is no rape. They all have it coming to them”.

Only in your sick mind that I was wanting rape on anyone.

“The rest of your argument isn’t worth engaging in. I find you too distasteful to deal with.”

You were the one pinging me, so all you have to do is stop doing it.


32 posted on 08/27/2012 8:26:11 PM PDT by sagar
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To: Altariel

Maybe I’m not as forgiving - to the scum cops and prosecutors involved. See my comments up thread.


33 posted on 08/27/2012 8:26:18 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: DustyMoment

You said that far better than I could have. Thank you.

It’s a sad fact of life that prosecutors get caught up with making a “name” for themselves and thinking how good multiple convictions will look at election time.


34 posted on 08/27/2012 8:27:20 PM PDT by berdie
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To: sagar

“Now, is anyone going to get that falsifying “victim” in jail? That “victim” destroyed an innocent man’s life. The entire prosecution should be in jail for this.”

If Wiggins conviction is formally reversed he will be eligible for $80,000 a year in compensation that Texas pays to wrongfully convicted ex-inmates. This amounts to $1,920,000...The state of Texas should have to pay him 100 times that, and the girl should have to do 24 years in prison for falsely identifying him. The prosecutors should be put away for life.


35 posted on 08/27/2012 8:28:52 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: Altariel

What’s more revolting is the cops and prosecutors who care more for a “win” than justice, and in the process wreck one life while leaving the actual rapist free to ruin more.

They’re almost as evil as the actual child rapist and should be treated accordingly.


36 posted on 08/27/2012 8:29:15 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: KansasGirl

KansasGirl,

Thanks for the link to the article. It explains that there was seminal fluids of some sort found at the time. In those days, much larger amounts were needed than today. I would call this an exoneration for Innocence Project.

Answers some questions.

To others: I don’t think we have to demonize the police or the prosecutors to imagine how this happened.

Oldplayer


37 posted on 08/27/2012 8:30:32 PM PDT by oldplayer
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To: oldplayer

“Just curious . . . what was DNA’d? Why was it conclusive that this Defendant was actually innocent? Was their fluid that eliminated this suspect and that was erroneously typed? What forensic evidence was used for, and then ultimately against, conviction?
Did this suspect have the opportunity to commit the crime? Was it his first offense with a “clean sheet” prior to this?

These are just questions of interest, none of which are asked in support of, or against this particular decision.

The Innocence Project, however, has a definite agenda and the full truth is seldom in their releases or information. I’m neither an advocate nor a foe of their project. Just somewhat skeptical at times.”

Like you,I need to know a hell of a lot more about the case facts. In and of itself DNA is NOT proof of guilt or innocence. Just take a quick look at Law and Order Episode “Patsy” season 10 Episode 7 as an example.


38 posted on 08/27/2012 8:31:41 PM PDT by Cyman
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To: GGpaX4DumpedTea

Yeah, punish someone who was manipulated by authorities after being raped at the age of 14 for not being stronger. Revolting.


39 posted on 08/27/2012 8:33:09 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: oldplayer
To others: I don’t think we have to demonize the police or the prosecutors to imagine how this happened.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DNA testing has been around for some time now. Can I demonize the police, courts, and prosecutors for taking so long?

It helps to be Christian to know that as evil, horrifically calloused, and careless people ( who are supposed to be smart) stand before God, there will be justice.

40 posted on 08/27/2012 8:36:03 PM PDT by wintertime (:-))
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