Saturday, August 08, 2009

Man convicted of rape freed after DNA tests after 23 years in prison

updated 6:42 p.m. ET, Fri., Aug 7, 2009

HOUSTON - A man who spent 23 years in prison for a kidnapping and rape that DNA tests show he may not have committed was released on bond Friday to his joyful family.

State district Judge Michael McSpadden asked for an expedited release for Ernest Sonnier, 46, who was convicted of a 1985 sexual assault and sentenced to life in prison. The Innocence Project, a national organization working to exonerate wrongfully convicted people, began conducting new tests last year that cast doubt on his guilt, attorneys said.

"In jail everyone tells the same story but I told everyone I was innocent," he said. "The evidence was on the table that I wasn't the guy."

Sonnier will become the sixth man to be released from prison after challenging results from the Houston Police Department crime lab. Inaccuracies and impropriety at the lab has cast doubts on hundreds of convictions, and the Harris County District Attorney's office has appointed a team to re-investigate more than 160 cases.

"This is yet another example that the criminal justice system is flawed," said attorney Alba Morales of the Innocence Project. "This case had all the hallmarks of wrongful conviction."

Barry Scheck, co-director of the Innocence Project, said this week that misleading testimony from a crime lab analyst that favored the prosecution and unreliable eyewitness identification put Sonnier behind bars.

The victim of the 1985 attack identified Sonnier, who was 23 at the time, nearly six months afterward. But Scheck said tests showed that semen stains on the woman's jeans were blood type O, while Sonnier's blood type is B.

Juries usually give a lot of weight to eye witness testimony, but much research, as well as much personal experience, shows it is very unreliable.


Sonnier's case piqued the interest of Innocence Project attorneys who knew other cases at the Houston lab had come into question. After their 18-month investigation, his attorneys said subsequent DNA tests connected two convicted felons to the rape, potentially clearing Sonnier.

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