Louisiana death-row inmate Damon Thibodeaux exonerated with DNA evidence


 

september 28, 2012 http://www.washingtonpost.com

NEW ORLEANS — A Louisiana death-row inmate convicted of the rape and murder of his 14-year-old step-cousin in 1996 on Friday became the 300th person exonerated on the basis of DNA evidence in the United States — and the 18th death-row inmate saved from execution by DNA.

Damon Thibodeaux, now 38, confessed to the brutal attack on his cousin after a nine-hour interrogation in 1996 by detectives from the Jefferson Parish Sheriff’s Office. He recanted a few hours later and has maintained since that his confession was coerced. Despite his recantation, Thibodeaux was indicted four days after his arrest. In 1997, a jury found him guilty of murder and rape, largely on the basis of his confession. He was sentenced to death.

Thibodeaux walked out of the death-row unit of Louisiana’s Angola prison farm on a rainy Friday afternoon, free for the first time after 15 years, during which he was kept in solitary confinement 23 hours per day.

In an interview minutes after he left the prison, Thibodeaux said he struggled to control his emotions during the years he waited for exoneration.

“For the first couple of years, it takes a lot of getting used to. Sometimes, it seemed like it wasn’t going to happen. You think, they’re going to kill you and just accept it,” he said. “But as things started to accumulate, you start, you know, gaining hope.”

He said the detectives who questioned him in 1996 took advantage of his exhaustion and fed him details of the crime to include in his confession.

“They look for vulnerable points where they can manipulate you, and if you’re sleep-deprived or panicked, or you’re on something or drunk, it makes it that much easier to accomplish what they want to accomplish,” Thibodeaux said. “At that point, I was tired. I was hungry. All I wanted to do was sleep, and I was willing to tell them anything they wanted me to tell them if it would get me out of that interrogation room.”

Thibodeaux said that he hoped his case could help lead police agencies to be more careful not to induce false confessions.

The detectives involved in Thibodeaux’s interrogation could not be reached Friday. Earlier, a spokesman for the Jefferson Parish Sheriff’s Office declined to comment on the agency’s handling of the case and said the investigators would not be made available.

Thibodeaux’s exoneration came after an unusual five-year joint reinvestigation of the case by the office of Jefferson Parish District Attorney Paul Connick, which brought the charges, and a team of defense lawyers and investigators, including the New York-based Innocence Project.

During the reexamination of the case, during which Thibodeaux put his formal appeals on hold, investigators concluded that his confession was riddled with glaring errors, such as the manner and time of death and the identification of the murder weapon, and did not match the crime scene and other evidence. Most remarkable, the investigation found that the sexual assault to which Thibodeaux also confessed — making him eligible under Louisiana law for the death penalty — never occurred.

“The 300th exoneration is an extraordinary event, and it couldn’t be more fitting that it’s an innocent man on death row who gave a false confession,” said Barry Scheck, a founder of the Innocence Project and one of the lawyers who worked on the case. “People have a very hard time with the concept that an innocent person could confess to a crime that they didn’t commit. But it happens a lot. It’s the ultimate risk that an innocent man could be executed.”

New DNA testing conducted during the inquiry on the clothing worn by Thibodeaux on the night of the murder and virtually every other piece of evidence collected by police established no links to the crime — so the absence of DNA became a powerful element of evidence itself. A DNA profile was also obtained from a tiny sample of blood on a piece of the wire used to strangle the victim. It did not match Thibodeaux.

The reinvestigation totaled more than $500,000, a cost shared by the defense and prosecution, according to lawyers involved in the case.

The dismissal of Thibodeaux’s case comes amid a flurry of such exonerations across the country and at a time when doubts about the reliability of American courts in determining guilt and innocence appear to be growing.

Early this week, John Edward Smith was released from a Los Angeles jail nearly two decades after being wrongly imprisoned for a 1993 gang-related drive-by shooting. Prosecutors in Chicago moved to dismiss murder charges against Alprentiss Nash in August, 17 years after he was convicted of a murder that new DNA analysis indicates he did not commit. In Texas last month, David Lee Wiggins was released after DNA testing cleared him of a rape conviction for which he had served 24 years.

In July, a D.C. judge declared Kirk L. Odom innocent of a 1981 rape and robbery for which he had served more than 22 years in prison. The same week, the Justice Department and FBI announced they would reexamine thousands of cases after The Washington Post reported widespread problems in its forensic examination of hair fibers over several decades. That came on the heels of a conclusion by the U.S. attorney’s office in Manhattan that five people convicted in the 1995 murder of a taxi driver and imprisoned since are innocent.

 

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2 comments

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