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Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
26 |
Year Crime: |
1981 |
Year Convicted: |
1983 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
Dallas |
City of Crime: |
Dallas |
Result: |
Pardoned |
Summary of Case: |
"Johnnie Earl Lindsey was wrongly convicted in 1983 of aggravated rape for a 1981 assault in Dallas. His conviction was based on his identification by the victim from a lineup about a year after the attack. She had told the police her assailant wasn't wearing a shirt, and Johnnie Lindsey was only one of two men in the six person photo lineup who wasn't wearing a shirt. She then identified him again during his trial. The jury rejected his defense of being at work at the time of the assault, even though his boss testified and identified his time card that showed he was at work. After his conviction was overturned, he was tried again and reconvicted in 1985. He was released on September 19, 2008, about a week after DNA tests unavailable at the time of his trial excluded him as the assailant. Texas Governor Rick Perry issued a Full Pardon for Innocence on April 24, 2009. Lindsey was incarcerated for Twenty-five years, eleven months, and two days from the day of his arrest in 1982. Lindsey was awarded about $1.44 million in December 2009 under Texas' wrongful conviction compensation statute, because he served 8 years concurrently with another unrelated conviction. On August 15, 2011 Lindsey sued for $320,000 in additional compensation on the basis that he would have been released after serving 4 years of his 8 year sentence for the other conviction if not for his wrongful rape conviction, so he should be awarded compensation for the extra 4 years of his other conviction that he had to serve. Texas' statute awards $80,000 for each year of wrongful imprisonment. In October 2011 the State Comptroller agreed to pay Lindsey an additional $408,000. So his total compensation was $1.848 million." |
Conviction Caused By: |
Erroneous eyewitness identifications by the victim. |
Innocence Proved By: |
"Released on September 19, 2008, about a week after DNA tests unavailable at the time of his trial excluded him as the assailant." |
Defendant Aided By: |
Dallas County DA Craig Watkins |
Compensation Awarded: |
"$1,820,000 lump sum payment plus $11,332.78 monthly annuity (State of Texas, 11-2-2009)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
30 |
Age When Released: |
56 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Wrongly convicted rape defendant freed after 26 years, By Tiara M. Ellis (staff), Dallas Morning News, September 19, 2008" |
Information Location 1: |
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/901908dnmetfereedna.8f54eb61.html |
Information Source 2: |
"Man joins Dallas County's roll call of DNA innocence, By Tiara M. Ellis, Dallas Morning News, September 20, 2008" |
Information Location 2: |
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-lindseyfree_20met.ART.State.Edition2.26dd697.html |
Information Source 3: |
"Texas exoneree suing to receive full compensation, By Danny Robbins (AP), Houston Chronicle, August 15, 2011" |
Information Location 3: |
http://www.chron.com/disp/story.mpl/ap/tx/7698638.html |
Information Source 4: |
"Johnnie Lindsey, Wrongfully Convicted of Rape, Wins Compensation Fight Against State, By Brantley Hargrove Dallas Observer, October 17, 2011" |
Information Location 4: |
http://blogs.dallasobserver.com/unfairpark/2011/10/after_wrongfully_convicted_man.php |
Information Source 5: |
"‘True Conviction’ Tribeca Review: True-Crime Doc Takes Dark Twists, By Steve Pond, LMTonline.com, April 22, 2017" |
Information Location 5: |
http://www.lmtonline.com/entertainment/the-wrap/article/True-Conviction-Tribeca-Review-True-Crime-11091755.php?ipid=hphottopics |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org