Criminal Defense

For each crime committed there are a variety of defenses a defendant may use to prove his innocence, argue for the case to be dismissed or have his sentence reduced...

January 6, 2011

DNA Exonerates a Texan after 30 Years in Prison

Cornelius Dupree Jr. was declared innocent of rape with the help of DNA evidence on Tuesday, January 4, 2010, after spending 30 years in prison.  In the 30 years he was behind bars, he had two parole hearings.  The parole board told him that if he admitted to being a sex offender, they would set him free.  Dupree claimed he was innocent and would not admit guilt.  Dupree went before The Court of Criminal Appeals three times, and each time, his appeal was declined.

“Whatever your truth is, you have to stick with it,” Dupree said.

Dupree was originally arrested for raping and robbing a Dallas woman at gunpoint back in 1979.  He was sentenced to 75 years in prison.  Dupree’s accused accomplice, Anthony Massingill, is still in prison waiting on DNA evidence to be reviewed, in hopes he will be exonerated as well.

The female victim chose Dupree and Massingill as her attackers out of a photo line up.  The victim’s male companion, who was also robbed, did not pick out either man from the photos.  Due to the female victim’s positive identification, Dupree and Massingill were convicted.

According to Dallas County records, 21 people have been exonerated due to DNA evidence.  In Texas, 41 people have been wrongly accused and their names cleared with the help of DNA evidence since 2001.  There are currently hundreds of cases waiting for DNA review in Texas.

Dupree was represented by a New York legal company, the Innocence Project, which specializes in wrongful conviction cases.  With the help of DNA evidence, The Innocence Project has also helped clear James Bain who spent 35 years in a Florida prison and Lawrence McKinney who spent 31 years in a Tennessee prison.

Cornelius Dupree Jr.’s story has more than one happy ending.  The first is that when Dupree was released from prison, he married his long time girlfriend Selma.  Secondly, out of every state, Texas has the most generous compensation law for those who are wrongly imprisoned.  Dupree is eligible to receive $80,000 per year for each year he was wrongly imprisoned plus a lifetime annuity.  This means he could end up with a lump sum $2.4 million that is not subject to federal income taxes.



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