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http://www.cnn.com/2016/12/21/us/tennessee-inmate-wrongly-imprisoned/index.html
http://www.cnn.com/2016/12/21/us/tennessee-inmate-wrongly-imprisoned/index.html
This is being posted round here so maybe someone can verify:(CNN)A Tennessee man who served 31 years in jail for a crime he didn't commit is petitioning the state to compensate him $1 million for the years of his life that were taken away. All he's gotten so far is $75.
In October 1977 a Memphis woman was raped in her home by two intruders. She later identified one of them as her neighbor, Lawrence McKinney, who was 22 at the time. He was convicted on rape and burglary charges in 1978 and sentenced to 115 years in jail.
DNA evidence cleared him of the charges in 2008, and when he was released in 2009, the Tennessee Department of Corrections gave him a $75 check to restart his life.
"Because I had no ID it took me three months before I was able to cash it," McKinney told CNN.
Now the 61-year-old is asking Tennessee Gov. Bill Haslam to exonerate him. The Tennessee Board of Parole, which makes recommendations to the governor, denied McKinney's request by a 7-0 vote at a hearing in September.
Board voted against McKinney's exoneration
A formal exoneration could open a pathway to $1 million in compensation from the state Board of Claims for the decades McKinney was wrongfully imprisoned.
"The (parole) board reviewed all relevant information related to the crime, conviction and subsequent appeals, as well as all information provided by the petitioner," said Melissa McDonald, spokesperson for the Tennessee Board of Parole. "After considering all of the evidence, the board did not find clear and convincing evidence of innocence and declined to recommend clemency in this matter."
In 1977, the victim was raped and robbed by two men, both whom she knew from her neighborhood. She identified them to the police as the children of women in the neighborhood Polly and Ollie Mae, and gave their addresses. The men were Lawrence McKinney and Michael Yancy. Police found both of them together at Michael Yancy's house, Yancy was watching TV and McKinney was hiding in the closet. They gave alibis for each other, claiming they had been there all day. Both were convicted of rape and burglary. This was a very reasonable conviction given the evidence against them.
In the years since, McKinney confessed to the rape and apologized for it during his parole hearings, which were denied. He was also a very problematic prisoner who was constantly getting into violent altercations with other prisoners and guards.
32 years after the crime, the bed linen was tested for DNA. It had a positive match for Yancy, and the victim's boyfriend, and a third man, still unknown. McKinney's DNA was not on the bed linen.
Based on this evidence, since this evidence would no doubt be considered relevant to the trial, the conviction was vacated. The parole board did not exonerate him because the evidence did not support exoneration, it only supported a new trial. Given that he had already served 31 years in prison, rather than have a new trial, in addition to vacating the sentence, the charges were dismissed and he was free to go.
Vacating and dismissal are not findings of innocence in the legal system. Based on the DNA evidence, it is an absolute fact that his friend Yancy raped and robbed the woman. He gave an alibi for this man, and vice versa. The woman said two men raped her, two men she knew, and identified Lawrence as the other one. Based on the victim's eyewitness testimony and her previous familiarity with the perpetrators, her testimony is extremely credible and the jury's verdict exceptionally reasonable. Not all rapists leave DNA on the bedsheets that is recoverable after 30 years.