Jan. 3, 2008, 2:58PM
Man cleared by DNA tests released after 26 years in prison
By JEFF CARLTON Associated Press Writer
DALLAS — Three times during his nearly 27 years in prison, Charles Chatman went before a parole board and refused to tell them what they wanted to hear: that he had raped a woman in his neighborhood.
Chatman always maintained his innocence, and on Thursday a judge affirmed it. Chatman, 47, won his freedom after new DNA testing excluded him as the rapist, adding to Dallas County's nationally unmatched number of wrongfully convicted inmates.
"Every time I'd go to parole, they'd want a description of the crime or my version of the crime," Chatman said. "I don't have a version of the crime. I never committed the crime. I never will admit to doing this crime that I know I didn't do."
District Judge John Creuzot, whom defense lawyers credited with shepherding Chatman's case through the legal system, recommended that Texas' Court of Criminal Appeals find Chatman innocent. With several relatives dabbing at their eyes with tissues and cheering his release, Chatman was released.
Before the crime is officially cleared from Chatman's record, the appeals court must accept the recommendation or the governor must grant a pardon. Either step is considered a formality after Creuzot's ruling.
Chatman became the 15th inmate from Dallas County since 2001 to be freed by DNA testing. He served more time than any of the other inmates, four of whom were in court Thursday to show their support.
Dallas has freed more inmates after DNA testing than any other county nationwide, said Natalie Roetzel of the Innocence Project of Texas. Texas leads the country in prisoners freed by DNA testing, with at least 30 wrongfully convicted inmates since 2001, according to the Innocence Project.
One of the biggest reasons for the large number of exonerations is the crime lab used by Dallas County, which accounts for about half the state's DNA cases. Unlike many jurisdictions, the lab used by police and prosecutors retains biological evidence, meaning DNA testing is a viable option for decades-old crimes.
District Attorney Craig Watkins also attributes the exonerations to a past culture of overly aggressive prosecutors seeking convictions at any cost. Watkins has started a program in which law students, supervised by the Innocence Project of Texas, are reviewing about 450 cases in which convicts have requested DNA testing to prove their innocence.
"It is time we stop kidding ourselves in believing that what happened in Dallas is somehow unique," said Jeff Blackburn, the founder of the Innocence Project of Texas. "What happened in Dallas is common. This is Texas."
The start of Chatman's hearing was delayed about 30 minutes, partly because his lawyers were trying to find him suitable clothing. When Chatman finally walked in — wearing a coat, a tie and an uncertain expression — members of his family gasped. "He doesn't look the same," one whispered.
The hearing attracted a standing room only crowd that included Watkins, who was greeted warmly by two wrongly convicted Dallas men who have since won their freedom. Also there was state Rep. Terri Hodge, a member of the criminal jurisprudence committee, who promised unspecified reforms when the Legislature convenes in 2009.
Chatman was 20 when the victim, a young woman in her 20s, picked him from a lineup. Chatman said he lived five houses down from the victim for 13 years but never knew her.
She identified him in court as the attacker, and serology tests showed that the type of blood found at the crime scene matched that of Chatman, along with 40 percent of black males.
Chatman also said he was working at the time of the assault, an alibi supported by his sister, who was also his employer. Nevertheless, Chatman was convicted of aggravated sexual assault in 1981 and sentenced to 99 years in prison.
When convicted, he said Thursday, he felt "that it was all a joke." His religious faith and support from family and friends "is the answer to why I never gave up fighting for this for 27 years."
"I really can't tell you how I feel," said his aunt, Ethel Barley. "But I can tell you it is a different feeling than I have had in a long time, just to be holding his own hand."
Chatman, who is black, said he believes his race led to his arrest and conviction. The jury, he said, had one black member.
"I was convicted because a black man committed a crime against a white woman," Chatman said. "And I was available."
Chatman's lawyer, Dallas County public defender Michelle Moore, said he applied for DNA testing in 2004 but was told the process could be risky. The only evidence containing DNA was from a vaginal swab of the victim, Moore said, and a single test would consume the entire sample. An inconclusive test would exhaust all evidence.
Chatman was again warned of the gamble when he reapplied for testing last year.
"This is a guy who's had to face horrible decisions," Moore said.
Chatman said he wants to work with the Innocence Project of Texas to support other exonorees and wrongly convicted inmates.
"I believe that there are hundreds, and I know of two or three personally that very well could be sitting in this seat if they had the support and they had the backing that I have," Chatman said. "My number one interest is trying to help people who have been in the situation I am in."
||Truth in Justice