The Dallas County prosecutor, the Office should be the subject of a judge is of the opinion that a man convicted in a fatal aggravated rape actually is innocent, a high level, “said the prosecutor of the week.
Rick Magnis judge said Friday at 42 pages, written notice that the new knowledge Ben Spencer shows not violate the murder of Dallas and the businessman Jeffrey Young in 1987. Mr. Spencer was convicted, is based mainly on eyewitness testimony, the notorious unreliability.
But First Assistant District Attorney Terri Moore said, the public prosecutor, the Office of witnesses, the reason for the identification of M. Spencer. She also said that the performance of the sector of the questioning of witnesses are not contrary to eyewitness testimony in other cases.
“There are three witnesses who knew him well, and not as an opportunity to know,” said Ms. Moore. “Three people have been three different angles. We do not have to include your type of identification of foreigners or cross-cultural identification. ”
Mr. Spencer’s attorney, Cheryl Wattley, indicated that it would responses on the DA office file objections, if judges file.
“It is beyond disappointment at this stage,” said Wattley. “This is the spirit of zurückschreckend, they persist.”
Ms. Wattley said that the victims of crimes, if someone was relieved often to the determination of the sentence misconstrued as aggressors, even if it is scientifically impossible.
The Texas Court of Criminal Appeals in Austin, a judge must approve the recommendation that Mr. Spencer be granted, and a new trial could not be with his knowledge.
Moore said that the woman, if the office is Mr. DA-Repeat Spencer, if granted, a new trial should be decided “one step at a time.”
If the Superior Court, challenges a new attempt, says Ms. Wattley Spencer would be contrary to the decision.
Mr Spencer, “he says with a friend in a park nearby, if Mr. Boy was abducted from his office, companies in the apparel Inwood Road. Mr boy was severely beaten and his body in a street dumping Mr. Spencer’s West Dallas neighborhood.
Three people attest to the origin of the study she has seen, Mr Spencer, and another man get out of Mr. Young’s BMW about 10:30 pm The identifications were chosen from distances of more than 100 meters to more than 200 meters. Mr. Young’s car and its occupants were illuminated by a road near the light and a light back-porch.
One of those witnesses, since the death. A second witness at a hearing over the summer, he is no longer sure of his identification.
The third witness, Gladys Oliver, said at the hearing during the summer, which she says Spencer’s trial. She said she saw Mr. Spencer and others, if they had a look from the window of her bedroom, a measured distance of the police are 113 feet.
An expert from one and prosecutors, Centurion Ministries to the conclusion that it is too little light for the woman to have seen Mr. Oliver Spencer’s face. The expert from the state have said they may have recognized Dr. Spencer’s.
Ms. Magnis judge found Oliver’s testimony, and that the prison is not a credible informant.
Ms. Moore, the new knowledge produced by experts because it could not yet exactly the scene from two decades. Ms. Oliver’s house has now been completed and a fence with a view that it would have adversely affected.
“The only thing Mr. Spencer has gotten relief is an expert, and then again to create a scene that is more like what he saw it was 20 years ago,” she said. ” works just incredulous. ”
But Ms. Wattley said, the experts showed that the witnesses did not see what she has shown in the process.
“If there is no policy, I do not know what it is,” said Ms. Wattley. “If so, it’s a shame.”