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Wrongly Convicted Database Record
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Charge: |
Rape and Robbery (including burglary) |
Sentence: |
65 years |
Years Imprisoned: |
26.33 |
Year Crime: |
1989 |
Year Convicted: |
1991 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Indiana |
County or Region of Crime: |
Lake |
City of Crime: |
Griffith |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Darryl Keith Pinkins and Roosevelt Glenn were codefendants wrongly convicted of the rape of a 27-year-old woman near Griffith, Indiana on December 7, 1989. They were tried separately. Pinkins was convicted on May 3, 1991 of rape, robbery, and deviate sexual conduct. The prosecutions of Pinkins and Glenn were primarily based on their identification by the victim five months after the assault, although she was legally drunk with a .11 alcohol blood content when examined three hours after the assault. Pinkins prosecutors also presented a jailhouse informant who testified Pinkins made incriminating statements after his arrest. Pinkins testified in his behalf that he had nothing to do with the assault. There was expert testimony that DNA testing of crime scene biological evidence excluded Pinkins. After his conviction by a jury Darryl Pinkins was sentenced to a total of 65 years in prison (40 years for rape and 25 years for deviate sexual conduct). Glenn's prosecution was based on the victim's testimony and expert testimony that a hair found on the victim's sweater was consistent with Glenn's hair. Glenn's first trial in February 1992 ended in a mistrial because the jury couldn't reach a verdict. After his retrial Glenn was convicted of rape, but acquitted of the other charges. He was sentenced to 35 years in prison. In 2001 Pinkins filed a post-conviction petition to set-aside his conviction that among its claims asserted new DNA testing excluded him. During the evidentiary hearing on April 18, 2002 a DNA analyst from Cellmark testified that the exclusionary result of the May 2001 testing was the same as the DNA testing in 1990. Pinkins petition was denied by the habeas coourt that ruled the exclusionary DNA test results were not new evidence. Pinkins appealed. On December 8, 2003 the Indiana Court of Appeal affirmed the exclusionary DNA test results were not new evidence, in denying Pinks petition. Glenn was released on parole in 2009. In 2015 a post-conviction analysis of semen evidence by a new DNA computer analysis process -- TrueAllelle -- identified the four DNA profiles, but excluded Pinkins and Glenn. Based on the new exclusionary evidence Pinkins filed a petition to set-aside his conviction and for a new trial. Pinkins petition was granted, and on April 22, 2016 a motion by the Lake County District Attorney to dismiss the charges was granted and he was released. Based on the new evidence Glenn filed a petition to set-aside his conviction that wasn't opposed by the Lake County District Attorney. The petition was granted on January 30, 2017, and the motion by the Lake County DA to dismiss the charge against him was granted. Three other suspects were not convicted of any charges." |
Conviction Caused By: |
Erroneous eyewitness testimony and perjury by jailhouse informant. |
Innocence Proved By: |
"Based on the new exclusionary DNA evidence Pinkins filed a petition to set-aside his conviction and for a new trial. Pinkins petition was granted, and on April 22, 2016 a motion by the Lake County District Attorney to dismiss the charges was granted." |
Defendant Aided By: |
Indiana University Robert H. McKinney Wrongful Conviction Clinic |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
37 |
Age When Released: |
63 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"He went to prison for rape. Proof of his innocence surfaced 25 years later, By Kristine Guerra, Indianapolis Star, July 17, 2016" |
Information Location 1: |
http://www.indystar.com/story/news/investigations/stolen-freedom/2016/07/17/he-went-prison-rape-proof-his-innocence-surfaced-25-years-later/85196284/ |
Information Source 2: |
"Bump-rape trial goes to the jury, By Mark Kiesling, The Times, May 3, 1991" |
Information Location 2: |
http://www.nwitimes.com/uncategorized/bump-rape-trial-goes-to-the-jury/article_c03505bb-3685-5fd4-8ac6-c706b2bc094c.html |
Information Source 3: |
"Pinkins v. State, 799 NE 2d 1079 (Ind. Ct of Appeals 2003)" |
Information Location 3: |
"https://scholar.google.com/scholar_case?case=483094229529853797&q=Roosevelt+Glenn&hl=en&as_sdt=4,15" |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org