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Chains of Evidence

Continued from page 8

Published on August 02, 2007

His defense attorney located a surveillance tape from a nearby convenience store that showed Gossett entering about 10:15 p.m. wearing a white T-shirt, glasses and camouflage pants, not jeans. He stood all of 5-foot-8 and weighed 140 pounds. He was wearing glasses; Sharon G. said her attacker didn't have on spectacles.

But Sharon G. insisted Gossett was her rapist.

On February 10, 2000, Gossett was convicted and sentenced to 50 years in prison.

Over breakfast at a Garland diner, Gossett looks small and pensive.

He says talking to police led to his own destruction. "It hurt me more than it helped me," Gossett says. "They put words in my mouth. I didn't ask for an attorney."

Gossett passed a polygraph and voluntarily gave police a DNA sample, but the test was "inconclusive."

In 2001, Gossett wrote to the Innocence Project in New York. One of their attorneys told Gossett a more sophisticated test was available.

On an icy day in January, Gossett went to the Dallas County courthouse and learned that the test cleared him. New District Attorney Craig Watkins was there to shake his hand and apologize.

Watkins has since apologized to more exonerees. He lobbied the Dallas County Commissioners Court to get funds to hire veteran defense attorney Michael Ware to focus on the 400 people who have petitioned his office for post-conviction DNA tests. Ware is teaming with 30 students from Texas Wesleyan School of Law, under the aegis of the Innocence Project of Texas, to examine each case to see if testing could confirm or deny their guilt.

Gossett has still received no compensation or a pardon.

Though Gossett has reunited with his girlfriend, they have no money and no place to live. He can't get hired because his pardon hasn't come through. Blackburn sent him $1,000, but a doctor's bill took $500.

"Seems like I'm still paying for it," Gossett says.

Greg Wallis spent 18 years in prison as a result of his wrongful conviction for the rape of Marilyn M.. "I missed my boy growing up," he says. "I lost my wife, my first love." They managed to reconcile and are now back together, but like all the exonerees, Wallis carries with him the memory of harrowing experiences in prison.

So does Keith Edward Turner, who went to prison in 1983 at age 22 for rape after the victim swore she would never forget his face.

Ten years after he was paroled, in 1999, Turner was told he'd have to wear a monitor, register as a sex offender and put a sign in his yard.

A sign, a label of "monster," even though he was innocent.

After seeing a story on post-conviction DNA exonerations on Court TV, Turner began writing letters. The Innocence Project said his case was too old. Finally, in 2005, Turner marched into the courtroom of the judge who had sentenced him.

"I told him that they were listing me as a sex offender and a rapist and I wasn't guilty," Turner says. "The judge told me I needed to get an attorney."

Turner said he had four kids and no money to hire a lawyer, so the judge appointed an attorney and an investigator.

After Turner passed a polygraph, which cost him $250, prosecutors agreed to the DNA test. Then the amazing news: "They had kept the evidence in the same spot for 21 years," Turner says. "That was just the Lord. When he got ready to do it, he preserved it for everything to be possible."

The Lord or Henry Wade.

Turner got the news of his exoneration on December 23, 2005. Turner's mother had died six months after he went to the penitentiary. After he got the report that the DNA didn't match, he took it to her grave. "I told her she didn't need to worry about me," Turner says.


Judge Manny Alvarez tried to right the wrongful conviction of a woman for child abuse in a trial that happened in his own court. It cost him his job.

In March 2006, Alvarez had gone to the courthouse and talked to Greg Wallis—the exoneree he had prosecuted—and apologized. Wallis told him he had no hard feelings, he understood Alvarez had a job to do.

Now a defense attorney, Alvarez says lawyers today have more tools to ensure the right suspect is charged, but not every case can be solved with DNA.

When he presided over the 2005 child abuse trial of Maria Hurtado, 26, in a "shaken baby" case, Alvarez says, he kept expecting her attorney John Read to present a defense, to answer obvious questions, to rebut the prosecution's evidence.

"He did no cross-examination," Alvarez says. "There were no witnesses called. There were CPS records that favored her. Read is a good lawyer, but in this trial he wasn't worth a damn."

At the end of the two-day trial, Alvarez had serious doubts about Hurtado's guilt. But the jury convicted her and sentenced her to eight years in prison. So Alvarez began looking into the case himself.

"The evidence showed the baby had acute over-hemorrhaging," Alvarez says, "meaning there was new blood over old blood," indicating long-term problems. The baby had had seizures and convulsions in her first two months. "What was so convincing to me, if she had been shaken, there would have been bruising or broken ribs. There was nothing along those lines."

Alvarez was accused of overstepping his bounds as a judge for investigating and releasing Hurtado on her own recognizance. He lost his race for re-election. But Hurtado got a new trial. "They worked the case and presented it as it should have been, and she was acquitted," Alvarez says. "Do I say something and take the heat? There was no better feeling than when that jury came back with a 'not guilty' verdict."

Maybe more prosecutors should be willing to fade the heat, he says. When the fake drugs were resulting in convictions, someone should have screamed, Wait a minute!

"I was part of the system. Every time I go to a conference, that's the first thing out of their mouths," Alvarez says. "When all this stuff was happening, nobody said, 'Hey, this is bullshit.' As a prosecutor, your job is to seek justice, not convict people. It starts from the top and works its way down."

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