Cornelius Dupree
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Cornelius Dupree Jr. (born September 22, 1959) is an
American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, p ...
who was declared innocent of a 1980 conviction for aggravated
robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person o ...
, which was alleged to have been committed during a
rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
in 1979. He was
parole Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
d in July 2010 after serving 30 years of a 75-year prison sentence in
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
. Prosecutors cleared him of the crime after a test of his
DNA profile DNA profiling (also called DNA fingerprinting and genetic fingerprinting) is the process of determining an individual's deoxyribonucleic acid (DNA) characteristics. DNA analysis intended to identify a species, rather than an individual, is cal ...
did not match traces of semen evidence from the case. Dupree, who was represented by the
Innocence Project Innocence Project, Inc. is a 501(c)(3) nonprofit legal organization that works to exonerate the wrongly convicted through DNA testing and other forms of post-conviction relief, as well as advocates for criminal justice reform to prevent futur ...
, spent more time in prison in Texas than any other inmate who was eventually
exonerated Exoneration occurs when the conviction (law), conviction for a crime is reversed, either through demonstration of innocence, a flaw in the conviction, or otherwise. Attempts to exonerate individuals are particularly controversial in death penal ...
by DNA evidence.


Rape and robbery case

On November 23, 1979, a 26-year-old woman and a male companion were the victims of a
carjacking Carjacking is a robbery in which a motor vehicle is taken over.Michael Cherbonneau, "Carjacking," in ''Encyclopedia of Social Problems'', Vol. 1 (SAGE, 2008: ed. Vincent N. Parrillo), pp. 110-11. In contrast to car theft, carjacking is usually i ...
after visiting a liquor store in
Dallas Dallas () is a city in the U.S. state of Texas and the most populous city in the Dallas–Fort Worth metroplex, the List of Texas metropolitan areas, most populous metropolitan area in Texas and the Metropolitan statistical area, fourth-most ...
, Texas. The abductors drove the woman to a park nearby, where they raped her. The perpetrators decided not to kill her, but kept her
rabbit fur Rabbit hair (also called rabbit fur, cony, coney, comb or lapin) is the fur of the common rabbit. It is most commonly used in the making of fur hats and coats, and is considered quite valuable today, although it was once a lower-priced commodit ...
coat. About two days later, two men were seen trying to sell the coat at a grocery store two miles away. The victims' car was found in the parking lot. Dupree and Anthony Massingill were arrested the following month because they resembled suspects from a different sexual assault and robbery case. However, Dupree did not match the description of the perpetrators of the November carjacking.


Trial and appeals

The 26-year-old victim picked out Dupree and Massingill from a police lineup, but her male companion did not. Dupree was charged with armed robbery and rape, but was never tried on the rape charge. In 1980, he was convicted and sentenced to 75 years in prison for aggravated robbery. Three of Dupree's appeals were rejected by the
Texas Court of Criminal Appeals The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a presiding judge and eight judges. Article V ...
. Two of the appeals were denied because he refused to admit to being a
sex offender A sex offender (sexual offender, sex abuser, or sexual abuser) is a person who has committed a Sex and the law, sex crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convi ...
. He declined early release in 2004 in exchange for attending a treatment program for offenders because he felt it would have amounted to admitting guilt. Dupree later said, "Whatever your truth is, you have to stick with it." Dupree continued to write letters to people and organizations around the state in his bid to prove his innocence.


Exoneration

In 2006, the Innocence Project took Dupree's case and carried out a forensic examination of the case evidence in 2010. He was represented by a legal team that included project co-founder
Barry Scheck Barry Charles Scheck (born September 19, 1949) is an American attorney and legal scholar. He received national media attention while serving on O. J. Simpson's defense team, collectively dubbed the "Dream Team (law), Dream Team", helping to win ...
. Dupree was paroled in July 2010 and married his longtime fiancée Selma Perkins the day after his release. Soon afterwards, test results indicated that the evidence contained DNA from two men, neither of whom were Dupree or Massingill. Dallas County District Attorney Craig Watkins stated, "Our Conviction Integrity Unit thoroughly reinvestigated this case, tested the biological evidence and based on the results, concluded Cornelius Dupree did not commit this crime." Under the
Tim Cole Timothy Brian Cole (July 1, 1960 – December 2, 1999) was an American military veteran and a Texas Tech University student wrongfully convicted of raping a fellow student in 1985. Cole attended two years of college followed by two years of se ...
Compensation Act of Texas, the strongest compensation legislation in the United States, Dupree is entitled to $80,000 for every year in prison, which amounts to $2.4 million, plus a lifetime
annuity In investment, an annuity is a series of payments made at equal intervals based on a contract with a lump sum of money. Insurance companies are common annuity providers and are used by clients for things like retirement or death benefits. Examples ...
. The money can be received in a lump sum and is not subject to federal
income tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
. Massingill was also absolved of the 1979 crime, but remains in prison on a different sexual assault conviction that is also being contested. Between 2001 and 2011, 41 wrongly convicted prisoners were freed in the state of Texas through DNA testing, more than in any other state.


See also

*''Dallas DNA'' *
Innocence Project of Texas Innocence Project, Inc. is a 501(c)(3), 501(c)(3) nonprofit legal organization that works to exonerate the Miscarriage of justice, wrongly convicted through DNA profiling, DNA testing and other forms of post-conviction relief, as well as advocat ...
*
List of miscarriage of justice cases This is a list of miscarriage of justice cases. This list includes cases where a convicted individual was later cleared of the crime and either has received an official exoneration, or a consensus exists that the individual was unjustly punished ...
*
Overturned convictions in the United States This is a list of notable overturned convictions in the United States. Alabama Blount County, Alabama, Blount County * Bill Wilson (convict), Bill Wilson was convicted of the 1912 murder of his wife and child and sentenced to life in prison. ...
*
Innocent prisoner's dilemma The innocent prisoner's dilemma, or parole deal, is a detrimental effect of a legal system in which admission of guilt can result in reduced sentences or early parole. When an innocent person is wrongly convicted of a crime, legal systems which n ...
*
List of wrongful convictions in the United States This list of wrongful convictions in the United States includes people who have been legally exonerated, including people whose convictions have been overturned or vacated, and who have not been retried because the charges were dismissed by the s ...


References


External links


Man Declared Innocent After 30 Years in Jail
at the
Internet Movie Database IMDb, historically known as the Internet Movie Database, is an online database of information related to films, television series, podcasts, home videos, video games, and streaming content online – including cast, production crew and biograp ...

Houston Man To Be Declared Innocent After Serving 30 Years For a Dallas Rape and Robbery He Didn’t Commit
at the
Innocence Project Innocence Project, Inc. is a 501(c)(3) nonprofit legal organization that works to exonerate the wrongly convicted through DNA testing and other forms of post-conviction relief, as well as advocates for criminal justice reform to prevent futur ...
{{authority control Living people 1959 births Overturned convictions in the United States People from Houston Prisoners and detainees of Texas