John —

Mallory Nicholson was wrongly arrested and convicted of burglary and sexual assault in 1982. He spent 21 years in prison for crimes he did not commit and since being released on parole in 2003, he has had to endure the stigma and humiliation of registering as a sex offender which has limited his freedom and ability to obtain gainful employment.

But last week, a Dallas County District Court recommended that Mallory’s conviction be vacated based on newly discovered evidence of his innocence that had been withheld by the prosecutor at his original trial.

Take a moment today to read more about Mallory’s story and share this news on social media with your friends and family.

District Court Judge Chika Anyiam signed the order after determining that the State had withheld key evidence that pointed to an alternative suspect and demonstrated inconsistencies in the victims’ identifications of Mallory. The judge said that the outcome of this case would likely have been different if the withheld evidence had been disclosed to the jury at the time.

Both eyewitness misidentification and prosecutorial misconduct are two major causes of wrongful conviction.

Racial bias also played a big part in Mallory’s trial before an all-white jury. All-white juries have historically convicted Black defendants at a higher rate than white defendants. During the trial, the prosecutor relied heavily on racial stereotypes to portray Mallory, who is Black, in a negative light. Additionally, the jury rejected all five of Mallory’s alibi witnesses, all of whom were Black and attested to the fact that Mallory was at his own wife’s funeral at the time of the crime.

We’re grateful to the Dallas County District Attorney’s Conviction Integrity Unit for their cooperation in reviewing Mallory’s case and finding evidence that led to this big step toward justice.

If you have a moment today, read more about Mallory’s story and share it with your networks online.

Thanks,

— The Innocence Project Team