Thursday, May 25, 2023

Tyrone Day: Texas: False eye-witness identification: Arrested for sexual assault 33 years ago on the flimsiest of identifications (no DNA evidence, only identified by white hat he was wearing), he has been cleared by DNA evidence, KERA News (Reporter Pablo Arauz Pena) reports..."In 1989, Tyrone Day was walking down the street when he was misidentified by a young woman who had just reported to police that she was pulled into a vacant apartment and sexually assaulted," said Day's attorney Vanessa Potkin who works with the Innocence Project. Potkin said the young woman came to believe that Day was the perpetrator, even though she had only seen him from a distance of about 50 feet. Day maintained his innocence, but eventually pleaded guilty and was sentenced to 40 years in prison. He was just 19 years old when he was convicted. His case is one of the oldest that the Innocence Project — which works to exonerate wrongfully convicted people — has worked on. Day first wrote to the organization in 2000 pleading for them to work on his case. Day was eventually released from prison on parole in 2016 but had to register as a sex offender, which Potkin said only served to make his life more difficult."


PUBLISHER'S NOTE: This Blog is interested in  false eye-witness identification issues because  wrongful identifications are at the heart of so many DNA-related exonerations in the USA and elsewhere - and because so much scientific research is being conducted with a goal to making the identification process more   transparent and reliable- and less subject to deliberate manipulation.  I have also reported far too many cases over the years - mainly cases lacking DNA evidence (or other forensic evidence pointing to the suspect - where the identification is erroneous - in spite of witness’s certainty that it is true - or where  the police pressure the witness, or rig the identification process in order to make a desired  identification inevitable. 

Harold Levy: Publisher: The Charles Smith Blog.

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PASSAGE OF THE DAY: "Dallas County District Attorney John Creuzot's office said extensive DNA testing led to Day's exoneration on Wednesday. “This exoneration would not have been possible without advancements in forensic science, specifically DNA testing, but I am most proud of the dedication our [Conviction Integrity Unit] and other attorneys involved have had to see this case through until the end,” Creuzot said."

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STORY: "Dallas man arrested for sexual assault 33 years ago cleared by DNA evidence,  by Reporter Pablo Arauz Pena, published by KERA on May 24, 2024.


GIST: "A man who spent almost 26 years in prison for a sexual assault conviction in Dallas was officially found innocent on Wednesday.


Tyrone Day was accused and convicted of sexually assaulting a woman in Fair Park Oct. 25, 1989. 


At the time, there was no DNA evidence and he was only identified by a white hat he was wearing.


"In 1989, Tyrone Day was walking down the street when he was misidentified by a young woman who had just reported to police that she was pulled into a vacant apartment and sexually assaulted," said Day's attorney Vanessa Potkin who works with the Innocence Project.


Potkin said the young woman came to believe that Day was the perpetrator, even though she had only seen him from a distance of about 50 feet.


Day maintained his innocence, but eventually pleaded guilty and was sentenced to 40 years in prison. 


He was just 19 years old when he was convicted.


His case is one of the oldest that the Innocence Project — which works to exonerate wrongfully convicted people — has worked on. Day first wrote to the organization in 2000 pleading for them to work on his case.


Day was eventually released from prison on parole in 2016 but had to register as a sex offender, which Potkin said only served to make his life more difficult.


Dallas County District Attorney John Creuzot's office said extensive DNA testing led to Day's exoneration on Wednesday.


“This exoneration would not have been possible without advancements in forensic science, specifically DNA testing, but I am most proud of the dedication our [Conviction Integrity Unit] and other attorneys involved have had to see this case through until the end,” Creuzot said.


Day's moment in court came with a recognition of his innocence as well as an apology from Creuzot and Dallas criminal court Judge Carter Thompson.


“We are pleased to be able to right this wrong, and while we know Mr. Day can’t get back the years lost, we hope he finds some solace in seeing that justice has finally been done today,” Creuzot wrote in an emailed statement.


Day may be compensated up to $80,000 for each year spent in prison, according to Texas state law.


Potkin said the exoneration and apology doesn't take away the 33 years Day lost, but she said she hoped it was a sign of systemic change for the criminal justice system in Dallas.


"This day was everything to Tyrone and his family," Potkin said.""


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The entire story can be read at:


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PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. 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 Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."


Lawyer Radha Natarajan:


Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;


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YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/


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