DNA evidence frees US man after 32
years in prison
years in prison
5:30 AM Sunday Jul 8,
2012 NZ Herald
Andre Davis makes a phone call after 32 years locked away |
A Chicago man who spent
32 years behind bars before DNA evidence helped overturn his conviction in the
rape and killing of a 3-year-old girl was released from prison yesterday, just
hours after prosecutors dropped the case against him.
An Illinois appeals
court in March had ordered a new trial for 50-year-old Andre Davis after tests
found that DNA taken from the scene of the 1980 killing of Brianna Stickle
wasn't his. The girl was attacked in Rantoul, about 32km north of Champaign.
Davis was released from
the super-maximum security prison in Tamms in far southern Illinois around
7.30pm local time, said Illinois Department of Corrections spokeswoman Kayce
Ataiyero.
Champaign County State's
Attorney Julia Rietz had decided earlier in the day not to pursue charges
against him.
Judy Royal of the Centre
on Wrongful Convictions at Northwestern University, which represented Davis,
said he was the longest-serving of the 42 people exonerated by DNA evidence in
Illinois.
"Mr Davis served 32
years in prison for a rape and murder he didn't commit," said Royal.
"Tamms is a difficult place to do time. He is hoping to rebuild his life,
with the support of his family."
Reitz said that while
she didn't doubt the results of the DNA tests, she decided not to retry Davis
because of the difficulty in taking a 32-year-old case to trial.
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"After 30 years, witnesses are either deceased, missing or no longer credible to testify," said Rietz. She noted that Davis was twice convicted by juries. His first conviction was overturned because of a mistake made by a bailiff during jury deliberations.
Rietz said any further
steps in the investigation of Brianna's death will be up to police.
Davis was arrested
shortly after Briana was found on August 8, 1980, in a house on the street
where she lived with her mother and stepfather in Rantoul.
According to trial
testimony, Davis - who was 19 at the time - was visiting his father in Rantoul.
He spent the day the girl died drinking at the home where she was eventually
found with the two brothers who lived there. At some point the brothers left,
leaving Davis there alone.
Briana's stepfather,
Rand Spragg, said he left the girl playing in the family's front yard and last
saw her sitting under a tree.
The family later
searched for her. She was found in the brothers' home, naked and under bed
clothes in a utility room. She died that night at a local hospital.
An acquaintance told
police that Davis said he had killed "a woman" at the home.
DNA testing wasn't
available in 1980. But in 2004, Davis requested that evidence gathered at the
scene of Briana's death be DNA tested.
According to the tests,
blood and semen found at the scene weren't from Davis. That led to the March
appellate court decision.
Royal wasn't sure what
plans Davis had, but she said that after so many years he was fortunate that
family members were still alive to greet him and help him acclimate to life outside
prison.
"A lot of times
when people are incarcerated for lengthy periods of time, family members
die," Royal said. "That is one good thing, that he will have their
support.
"I think it's
difficult for him to know exactly what to do," she added, noting that the
Centre on Wrongful Convictions works with the people it helps free to aid in
their adjustment.
"I know that he's
very intelligent and he has been assisting in the preparation of his appeal for
years and giving some good suggestions in that regard."
Peter’s
Comment
There was a time when ninety-something per cent of people
everywhere had total faith in police, judges, witnesses and juries. Not
anymore.
DNA testing has played a major part in the turnaround in
public thinking. DNA testing over the last few years has exonerated many
wrongfully convicted people and given credence to claims that wrongful
convictions have always been a large, but officially unrecognized, part of criminal
justice systems.
In addition to DNA testing, another factor has helped
highlight this pernicious flaw in the system; individuals and organized groups prepared
to stand up be counted and to campaign on behalf of the wrongfully convicted,
often in the face of overwhelming and sometimes intimidating public opinion.
The campaigners appear to understand that it is not possible
to alleviate the suffering of victims by creating more victims. They understand
that it is not good enough to convict a man or woman on the basis that a crime
has been committed and someone must have been responsible and therefore the
arrested one will do.
The Center on Wrongful Convictions should be praised for
their excellent work. In New Zealand and Australia the pattern of wrongful
convictions is similar to elsewhere in the western world and there is a need
for a Center on Wrongful Convictions or similar organization.
I recently appeared in court, pleading not guilty to a minor traffic infringement, listened to a vindictive police officer commit perjury, and faced two justices of the peace, who were too timid to rock the judicial boat. I found the experience very frustrating, but I can't even begin to imagine how Andre Davis must have felt, locked away for 32 years.