In 1989, Gary Dotson became the first person to be exonerated by DNA testing.

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John —

Thirty-one years ago today, Gary Dotson became the first person to be exonerated by DNA testing.

In 1977, 16-year-old Cathleen Crowell reported that she was raped in a Chicago suburb. The rape, in fact, had not occurred. Crowell made it up, even providing police with a description of the purported perpetrator, to explain why she needed contraception after having a consensual encounter with her boyfriend and fearing she might become pregnant.

Police showed her a book of mug shots and, according to Crowell, pressured her to identify a photo of Gary, who was just 24 years old and, by chance, almost perfectly matched her description of the imaginary perpetrator. Dotson was convicted based on the identification and flawed forensic science presented at trial and sentenced to 25 to 50 years in prison.

Later, Cathleen was guilt-ridden about having sent an innocent man to prison. In 1985, more than five years into Gary's prison sentence, she admitted that she had fabricated the rape. But the prosecutors discounted Cathleen and took the position that she was lying about her recantation.

Several years later, Gary’s new lawyer gained access to a new technology he had heard was being used in England — DNA testing. The results matched Cathleen’s then boyfriend, corroborating her recantation. The DNA results led Gary’s conviction to be overturned. He was exonerated after spending 10 years in prison.
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Gary Dotson exonerated on August 14, 1989. Photo by: Fred Jewell/AP.
Since Gary’s exoneration, DNA testing has become a revolutionary tool to help free innocent people. Thirty-one years and 374 exonerations later, it is clear that wrongful convictions are not isolated “mistakes,” but rather indicative of an unjust system. There have been tens of thousands of cases where prime suspects were identified and pursued — until DNA testing (prior to conviction) proved that they were wrongly accused. Without DNA testing, how many of those people would be sitting in prison today?

Given all we know about the power of DNA to prove innocence — even in cases where the evidence of guilt appears overwhelming — there is simply no justification today for prosecutors to try to stand in the way of post-conviction DNA testing. This opposition not only costs innocent people years of their lives in prison fighting for access to DNA testing, but it can also be deadly.

The Innocence Project is working right now to secure DNA testing for Pervis Payne — who has been given a December 3 execution date. Pervis has an intellectual disability — meaning he should not be on death row at all and that it would be unconstitutional to execute him. Pervis also has said for 33 years that he’s innocent, and there are more than a dozen pieces of evidence from the crime scene that could prove that.

Right now, the evidence is sitting on a shelf in the clerk’s office. Testing could be done in 60 days, but the district attorney in Memphis, Tennessee is fighting to prevent any DNA testing and plans to go forward with Pervis’ execution without doing the tests that could prove his innocence.

The Innocence Project has filed a motion asking the Shelby County Criminal Court to order this DNA testing. The results could help prove Pervis’ innocence and save his life.

If you haven’t already, add your name alongside thousands of others to say you’ll fight for justice for Pervis. ([link removed])

Thanks,
Vanessa Potkin

Vanessa Potkin
Director of Post-Conviction Litigation
Innocence Project

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