Wrongly Convicted Database Record
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Charge: |
Rape and Kidnapping (abduction) |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
28.5 |
Year Crime: |
1981 |
Year Convicted: |
1981 |
Year Cleared: |
2010 |
U.S. State or Country of Crime: |
Ohio |
County or Region of Crime: |
Cuyahoga |
City of Crime: |
Cleveland |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Raymond D. Towler was wrongly convicted in September 1981 for the May 1981 rape, assault, and kidnapping of an 11-year-old girl in a Cleveland, Ohio park, and the assault and kidnapping of her 12-year-old male cousin who was forced to lie on the ground at gunpoint while the rape took place. There was no physical evidence tying Towler to the crime, so the prosecution's case was based on the two children picking his picture out of a line-up and two people who identified that he was the man they saw in the park about the time of the attack. Towler testified he was at home at the time of the crimes and several people testified corroborating his alibi. The jury believed the victim's and the other two witnesses. Raymond Towler was sentenced to life in prison. Towler sought, beginning in 2008, DNA testing of crime scene evidence. On May 3, 2010 the test results came back that he was excluded as the source of sperm found on the girl's underwear. Two days later, on May 5, 2010, a judge vacated his convictions, the charges were dismissed with prejudice, and the judge ordered the charges be expunged from his criminal record. He was immediately released after 28-1/2 years imprisonment since his conviction, and almost 29 years after his arrest in June 1981. Towler filed a claim under Ohio's wrongful conviction compensation law, and on April 25, 2011 it was announced that an award of $2.59 million was approved by the State Controlling Board. His attorneys were awarded $78,000 in legal fees." |
Conviction Caused By: |
Erroneous identification by the two victim's and two other witnesses who saw the perpetrator about the time of the crime. |
Innocence Proved By: |
"Raymond Towler was wrongly convicted in September 1981 for the May 1981 rape, assault, and kidnapping of an 11-year-old girl in a Cleveland, Ohio park, and the assault and kidnapping of her 12-year-old male cousin who was forced to lie on the ground at gunpoint while the rape took place. There was no physical evidence tying Towler to the crime, so the prosecution's case was based on the two children picking his picture out of a line-up and two people who identified that he was the man they saw in the park about the time of the attack. Towler testified he was at home at the time of the crimes and several people testified corroborating his alibi. The jury believed the victim's and the other two witnesses. Towler was sentenced to life in prison. Towler sought, beginning in 2008, DNA testing of crime scene evidence. On May 3, 2010 the test results came back that he was excluded as the source of sperm found on the girl's underwear. Two days later, on May 5, 2010, a judge vacated his convictions, the charges were dismissed with prejudice, and the judge ordered the charges be expunged from his criminal record. He was immediately released after 28-1/2 years imprisonment since his conviction, and almost 29 years after his arrest in June 1981." |
Defendant Aided By: |
Ohio Innocence Project |
Compensation Awarded: |
"$2.59 million (State of Ohio, April 25, 2011)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
24 |
Age When Released: |
52 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Raymond Towler, freed after 29 years in prison, wants a new life and a good pizza - The Plain Dealer (Cleveland) - 05-10-2010" |
Information Location 1: |
http://blog.cleveland.com/metro/2010/05/raymond_towler_freed_after_29.html |
Information Source 2: |
"DNA-cleared man free after three decades, USA Today, May 6, 2010" |
Information Location 2: |
http://www.usatoday.com/news/nation/2010-05-06-dna_N.htm |
Information Source 3: |
"Ohioan gets $2.59 million for serving 30 years in wrongful conviction, By Mike Wagner (staff), The Columbus Dispatch, April 26, 2011" |
Information Location 3: |
http://www.dispatch.com/live/content/local_news/stories/2011/04/26/ohioan-gets-2-59-million-for-serving-30-years-in-wrongful-conviction.html?sid=101 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org