Wednesday, January 4, 2012

Bulletin: Ricky Dale Wyatt: Texas; Released after 31 years; Prosecutors withheld evidence on rape charge; Must now fight for exoneration; Observer;

BACKGROUND: "Ricky Dale Wyatt was cleared after spending 31 years in prison for a crime that he didn’t commit. A Dallas County judge released Wyatt and recommended that his 1981 rape conviction be overturned based on DNA and other evidence. Tragically, attorneys who prosecuted Wyatt 31 years ago contributed to this miscarriage of justice by concealing evidence of his innocence. The case was built on faulty eyewitness testimony, yet the victim originally described a perpetrator much taller and heavier than Wyatt. The prosecution dismissed these inconsistencies, arguing that the defendant’s appearance could have changed in the interval between the crime and his arrest. But there were documents in the prosecutor’s file proving that his appearance had not changed. Had this been shared with the defense as required by law, Wyatt may never have been found guilty. The efforts of the Dallas District Attorney’s Conviction Integrity Unit to seek the truth in this case are exemplary. The Unit helped secure DNA testing of biological evidence, which supported Wyatt’s innocence although it was somewhat degraded. This evidence, as well as the discovery of prosecutorial misconduct at trial, compelled authorities to further investigate the case and ultimately to call for Wyatt’s release. Ten Dallas exonerees also attended today’s hearing to show support for Wyatt and to celebrate his freedom. Mr. Wyatt plans to live with his nephew Robert Smith, who testified at his trial and who now ministers to people returning from prison. Wyatt and his family will greet supporters and speak to the media at a press conference outside the Dallas County Courthouse. The Innocence Project is assisting with Wyatt’s adjustment to the outside world after three decades of wrongful imprisonment. We anticipate his full exoneration later this year. (The Innocence Project);

STORY: "After 31 years locked up, Ricky dale Wyatt is free but not quite exonerated," by reporter Leslie Minora, published on January 4, 2012 in the Texas Observer.

GIST: "As of today, Wyatt -- convicted of the rape of a stranger and identified in a police photo line-up in 1981 -- is a free man, but he is not technically an "exoneree." Previously withheld evidence reveals police conducted but did not record a live line-up in which the victim did not identify Wyatt as her attacker. Wyatt's attorneys also say prosecutors and police withheld evidence that shows he did not resemble the victim's description of the perpetrator: For starters, there is a difference of several inches and more 20 pounds, according to Jason Kreag, who is with the Innocence Project of New York. "It definitely is a case that demonstrates the importance of prosecutors, at the time of the trial, playing by the rules," Kreag said.."

THE ENTIRE STORY CAN BE FOUND AT:

http://blogs.dallasobserver.com/unfairpark/2012/01/after_31_years_locked_up_ricky.php

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;