DNA Helps Free Inmate After 27 Years

60 Minutes: James Woodard Owes His Freedom To Project Started By Dallas County D.A.

(CBS)  There's been some bitter soul searching going on in Dallas County, as one man after another is being released from prison after being convicted, years ago, of crimes they did not commit. As correspondent Scott Pelley reports, it happened again just last week with the release of a man who had been proclaiming his innocence, behind bars, for 27 years.

So far, 17 men have been cleared in Dallas - that's more than most states. All were put on trial by prosecutors who worked for the legendary District Attorney Henry Wade. Wade was Dallas' top prosecutor for more than 30 years. He never lost a case he handled personally. But it turns out the record of Wade's office was too good to be true. And now, a new Dallas district attorney is focusing on the Wade legacy - it's a search for innocent men waiting to be exonerated.

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James Woodard went away in 1981, convicted in the murder of his girlfriend who had been raped and strangled. He was prosecuted by the office of District Attorney Henry Wade. For nearly 30 years, he never gave up writing letters, and filing motions. But no one was willing to grant him a hearing-until now.

60 Minutes was there last year when Woodard gave the DNA sample that would determine his true guilt or innocence. Since 2001, there has been a series of men in Dallas County who have walked from prison into freedom.

The exonerated include Eugene Henton, James Waller, who did almost 11 years, Greg Wallis, who was in for nearly 19, and James Giles, who did 10 years; Billy Smith was convicted of aggravated sexual assault and served nearly 20 years for a crime he didn't commit.

James Waller rejected a plea bargain for a rape he didn't commit. "They offered me three years. I turned it down. And I said, 'We go to trial.' And I came out with 30 years," he tells Pelley.

Asked why he turned down the deal, Waller says, "I know one day that I was gonna have to die, and I didn't want to go before God saying I did something that I didn't do."

"Greg, what did you lose in all that time?" Pelley asks.

"Well, I didn't get to see my boy growing up. He was two and a half when I left," Wallis says.

Wallis says his son is now 22 years old.

"To me, an apology, it won't do, because an apology can't bring back the time that I spent. It can't bring back my loved ones my loved ones. I lost ten family members while I was incarcerated. I never got to go to the funeral of any one of them. There are a lot of things that I could say that I lost. But then there's a lot of things that I could say that I can't tell you what I lost, 'cause I don't know," Billy Smith says.

"What do you mean you don't know what you lost?" Pelley asks.

"It's just like a part of me that's just gone. You know? I'm 20 years behind time. I was 35 when I got arrested. I'm 55 now," Smith explains. "But when I was ready for release, I wasn't excited about getting out. I still don't understand that today."

Asked how he could not be excited about getting out after all that time, Smith says, "Well, that's a part of me that I lost."

Michelle Moore and Jeff Blackburn are lawyers for The Innocence Project of Texas, a nonprofit group investigating wrongful prosecutions.

"What was the history of the Dallas County DA's office from, say, the 1950's to the 1990's," Pelley asks.

"Prosecute at all costs," Moore says. "It doesn't matter what they have as far as evidence. But if they've got anything that could tie this person into the case, then they were going to pursue the case against that person, even if it meant that they overlooked other suspects in a crime."

"Dallas got a reputation as the hardest, roughest county in the state. This was the one county that you did not wanna get accused of a crime in, because in this county, if you got charged with a crime you were likely gonna go to prison," Blackburn adds.

It was the late Henry Wade, a Texas legend, who ran the district attorney's office from 1951 to 1987.

Wade prosecuted Jack Ruby in the murder of Lee Harvey Oswald. He's the Wade in "Roe v. Wade," the abortion case. His deputies played hardball, but Moore says they didn't always play by the rules.

"And we have found, in some of those cases, that there was evidence that was not given over to the defense. So, the defense could not adequately prepare," she tells Pelley.

"You're saying that prosecutors had evidence that suggested innocence, and they didn't pass that on to the defense attorneys?" Pelley asks.

"That's correct," Moore says.

"But that's the law, isn't it?" Pelley asks.

"It is the law, but there's no penalty for prosecutors who don't give over evidence. You get a slap on the hand but you still get promoted because you got the conviction," Moore says.

"Prosecutors break the law, pay no penalty," Blackburn says. "Men get wrongfully convicted, and they can't get out because the system conspires to cover up their case. That's a crooked system."

[acolton1]

Good story I am glad the DNA test set this guy free. It sucks that he lost 27 years of his life behind bars. If I won PowerBall this weekend I will give this guy 500,000 dollars and a job.

[whatithink-2009]

Huh, all the people freed in Texas, yet Bush said he was never responsible for executing an innocent person. Okay.

[whatithink-2009]

""[The Parole Board] always told me, as long as you deny your guilt, its saying something about you%u2026you are not willing to own up to your deed and we%u2019re going to deny you,%u201D he tells Pelley. When Pelley asks why he didn%u2019t lie to them just to get out of prison, Woodard replies, "I wasn%u2019t guilty. I mean a man has to stand for something." "


Never dawned on the Parole Board that he might not admit to guilt because HE WASN''T GUILTY.
"

[smiley676]

I''m so happy that we have finally come far enough that DNA tests can prove this sort of thing. Hopefully there will soon be no more innocent people on death row.

However, as to the "whatithink" comment. You can''t be on the parole board and assume the people in jail who say they are not guilty are truly not guilty. You would have to set everyone free. In reality a very small percentage of not guilty are ever sent to jail.

[antoniof123]

In a revolutionary move spearheaded by Watkins, the district attorney%u2019s office has teamed up with lawyers and law students from the Innocence Project of Texas to review 400 cases that had previously been denied post-conviction DNA testing under his predecessors.

Back then, the prosecutor''s office was run by the legendary Henry Wade, who, says Michelle Moore of the Innocence Project, had deputies who sometimes ignored the rules. "We have found, in some of those cases, that there was evidence that was not given over to the defense, so the defense could not adequately prepare," she says. That''s exactly what happened to Woodard.

They should take legendary Henry Wade and put him in the deepest darkest hole and seal it.

Make an example of these law people who think they are above.

Of course with the Village idiot from the state I can see why they have problems.

[whatithink-2009]

smiley676,

How do you know the percentage if they refuse to give the testing? If there is any possibility and the possibility to do the DNA testing, it should be a NO BRAINER! One innocent man in prison is one too many.

[whatithink-2009]

headpop3,

You''ll find any way to turn this into a liberal conspiracy, won''t you. Looking in the mirror is just too much for you.

[rudy654-2009]

Each member of the parole board, the orginal prosecutor, the fake witnesses (if any), etc..all owe this man 10 million each. They should lose their homes, jobs, and be placed in isolation for the rest of their lives.

[usbrit-2009]

I''ll bet the "legendary" Henry Wade has had dinner with one or all the bushes at the ranch.

[pensacola88]

This is the story behind many DAs in Texas. It is fashionable to prosecute blindly and profile cases for their enticing appeal of building up conviction percentages. These DA''s are corrupt and politically motivated to set aside civil rights in favor of ascending into prestigous appointments into judgeships or other profitable elected positions. Justice is not blind in Texas. Justice in Texas is political and few give much thought to it. No DA from Texas will take their own medicine. Many are good and fair, but the bigger cities are known for assembly line justice, where cases are pushed through their system in mass quantity in order to keep convictions cheap. Many DA''s often skip DNA testing and some withheld DNA tests that proved their prosecution wrongful. I am in favor of a constitutional ammendment that will give authority to appellate courts to disbar DA''s for life and incarcerate them for wrongful prosecutions. There is no excuse for taking the life away from anyone without a valid reason. DA''s are not above the law!!

[mcvet]

However, as to the "whatithink" comment. You can''''t be on the parole board and assume the people in jail who say they are not guilty are truly not guilty. You would have to set everyone free. In reality a very small percentage of not guilty are ever sent to jail.


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Posted by smiley676 at 03:34 PM : May 02, 2008
+ report abuse

Really and what would that Percentage be? With EVERY passing day we see more and more of them freed.. so what percentage would you think are guilty who say they are not. It''s been my experience with guilty people, they will say that in a New York Minute if it will get them off early... they KNOW no DNA or anything else is going to get them off don''t they? You sound very hate filled on this.. could there be a reason??

[culturechang]

I applaud the Dallas DA for doing the job....seeking the truth and not just a conviction.

[Latrocinor]

I applaud the Dallas DA for doing the job....seeking the truth and not just a conviction.

Posted by CultureChang
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Well put.

[Latrocinor]

I''''ll bet the "legendary" Henry Wade has had dinner with one or all the bushes at the ranch.

Posted by USBrit
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Yawn, who cares?

[kansas1946]

Before I even opened the link to this story, I had a feeling it would be in Texas. Wonder why that is. Texas must have the most corrupt justice system in the US. Kinda scary that they have the highest number of prisoners executed. Something stinks in Texas.

[dallasite1]

With the exception of 3 cases where prosecutorial misconduct was found, these men were wrongfully convicted on eyewitness misidentification in an era when the only evidence available on most cases was eyewitness identification. DNA testing was not available then.

It was District Attorney Henry Wade who insisted that procedures were put in place to preserve the DNA evidence for future testing instead of destroying the evidence like most other counties in Texas and other states did. Had Wade not had the foresight to insist on the preservation of this evidence, these men would still be sitting in prison today.

Wade should be commended for making these exonerations possible. It is because this evidence is still available in Dallas County that has lead to the high number of exonerations. No evidence to test - no exonerations.

[dallasite1]

singinrich I noticed you didn''t address the fact that the reason Dallas County has been able to achieve all these exonerations is because Henry Wade insisted on keeping the evidence when every place else in the country destroyed evidence. Give credit where credit is due - despite your politics.

No one is taking credit away from Craig Watkins for the good policies he has put in place but the plain fact is, neither Bill Hill or Craig Watkins could have achieved these exonerations without the physical evidence being available to test.

[veteran72]

singinrich I noticed you didn''''t address the fact that the reason Dallas County has been able to achieve all these exonerations is because Henry Wade insisted on keeping the evidence when every place else in the country destroyed evidence. Give credit where credit is due - despite your politics.

No one is taking credit away from Craig Watkins for the good policies he has put in place but the plain fact is, neither Bill Hill or Craig Watkins could have achieved these exonerations without the physical evidence being available to test.


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Posted by Dallasite1 at 08:39 PM : May 02, 2008
+ report abuse

That''d be like giving Hitler credit for keeping such good lists of names of Death Camp victims so the next of kin would be able to find out what happened to them. He''s a POS, nothing more.

[brianbwb-2009]

''The judge at the hearing in which Woodard was formally released said to Woodard, apologetically, that he was not getting justice, rather he was seeing "the end of injustice."

And that is the entire point. Anyone trying to posit otherwise is a fool.

[nonayabiness]

I find it truly amazing that so many of these people jailed wrongfully for so many years aren''t filled with hatred. I guess they have a lot of time to think and prophesize. If I were jailed wrongfully and taken away from my family for 27 years, I don''t know that I could muster the positive attitude this man has been able to display. He''ll get a book deal and a movie.

[gaye5]

I have read that sometimes police fabricate evidence, which then convicts the wrong man. Well, in such cases I feel that the police/lawyers etc who have fabricated the evidence should then be made to go to jail for the length of the time the innocent person was in Jail, in this case 27 years. This would make sure that the real evidence was put forward..

[dallasite1]

That''''d be like giving Hitler credit for keeping such good lists of names of Death Camp victims so the next of kin would be able to find out what happened to them. He''''s a POS, nothing more.


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Posted by veteran72 at 12:37 AM : May 03, 2008

No, not really. Mistaken eyewitness testimony is the reason these people were wrongfully convicted not "win at all costs" prosecutors. Only 3 of the 17 cases had prosecutor misconduct.

Also, while we are on the topic....of the 17 people exonerated......13 were exonerated under Bill Hill, 4 have been exonerated under Craig Watkins.

[flreason]

"And its the truth because a buncha ******** atheist lunatics.. hate evangelicals."
Posted by headpop3

You don''t, by any chance, have a Laredo, Texas home address? Seems to me anyone with that much anger over DNA evidence must have had it used against him. DNA evidence is MUCH more reliable than human intuition, which can be influenced by ignorance, prejudice, and personal experiences unrelated to the crime. Fundamentalist evangelicals want to deny DNA evidence because it upsets their view of the Bible as a historically accurate scientific document authored by God, and therefore infallible, rather than one concerned with spiritual rather than physical truths.

[flreason]

Sorry...that should have read Eldorado, not Laredo!

[missingamerica]

Ever watch a TV show about one of these guys or gals who has been falsely convicted - yet the cops and the prosecuting attorneys who are involved keep on saying they "know" he is guilty?

That is a big problem with our system of justice - cops and prosecuting attorneys who think that they are entitled to judge suspects.

Ain''t there job - that is the judge or jury''s job...

[onceagirl]

Why are we allowing the prosecuters to be absolved of guilt? Oh yes...the law always protects itself before the people. We need a President, Senate and Congress to put Mickey, Goofy, Mini, Donald, Yosemete Sam et all into the Supreme Court..er...too late...they''re allready there!

[bigredstork]

Shocking how everyone calls this systemic abomination "justice"
Decades ago, as a teen who had NO interest in anything legal, I knew the difference between Law and Justice. Seems like these days, even judges don''t know the difference or pretend they don''t.
In fact if there really were justice, anyone, including judges, who called law "justice", would be charged with perjury.

[cahuber008]

No where in the story did you claim all these unfortunates were boy scouts. if they weren''t guilty of some crime they wouldn''t have been convicted.

[artleopold]

Unbelievable..how does James get his 27yrs back...that a corrupt DA took from him. How does the parole board feel for denying his freedom a dozen times over - because he chose truth over a lie. What can be done to help James Woodard live life. Judges and juries better check twice, prosecutors should be held responsible for their actions...this is criminal.

[architeclane]

While these stories focus on the inocent inmate, there are 2 points that are typically overlooked:
1) Whomever actually committed the crime, that the prosecutors did NOT put in jail - what crimes were they allowed to commit, and who else were they allowed to hurt?, and
2) Assuming the defendant is still under oath, if they admit to the crime they did NOT commit, isn''t that perjury? A crime in an of itself? And those lawyers, officers of the court, asking them to do so suborning perjury?
Shouldn''t numerous people in the former prosecuter''s office be spending time in prison themselves?

You said there is no law against false convictions? Hogwash!!!
These Lawyers are making a game out of our justice system, Lawyers, and the Police are creating an us against them mentality in this nation. I propose that a law be enacted in every state where any lawyer who, knowingly or not, causes a conviction of an innocent person be mandatorially required to serve the sentence of his victim. Maybe this will help these victims of our criminal lawyers find some semblance of justice.

[samborez]

This can be called nothing less than a national disgrace. I am ashamed to be in the same country with the people that allowed/caused this to happen to Mr. Woodard. I would not want to stand before God''s judement, having did this to another human being.

[pjfoxx]

this segment was disturbing as well as enlightng.
I grew up in Texas left in 1969. I am not surprised by this at all.
My concern for these men who are finally being released is what is in place for them after they have been set free?
Are there organizatons or someone set in place to help them return to society?
I am very hopeful for others and pleased with the currtent DA.
Thank you,
JFOXX

[mariaeugenia-2009]

What a sad story, all his life is gone and he doesn''t even has built up a retirement. To keep hope for so long and to deny himself freedom by giving up to the trick of saying that he was guilty gives him so much merit, not everyone has the courage he showed, he deserves so, so much...................

[p-colafla]

Only in Texas. The entire state is arrogant.

It certainly is a tragedy when anyone is convicted of a crime that he/she did not commit and even worse if evidence is fabricated. Having said that, it is still the decision of a judge or jury that convicts or not. What about the cases where a guilty person is found not guilty? Remember the O.J. Simpson case? It is more attractive for 60 Minutes to focus on non-guilty people found guilty rather than guilty people found not guilty. It should be a two-way street when it comes to detailing these cases. How about it CBS?

[sabella5]

Good for 60 Minutes for exposing an injustice. But please don''t leave the piece when Woodard leaves jail. Beyond the daily trial of dealing with 27 wrongful years in jail will be his adjustment to the society he left behind all those years ago. Let America step up to the plate and make his transition as smooth as possible

[p-colafla]

How many innocent men and women have been put to death in the wild west, a.k.a. Texas, because of the actions of Mr.Wade?

[p-colafla]

rockijk, you can''t be serious??????????

[sabella5]

Good for 60 Minutes for covering an injustice. But please don''t leave the piece as Woodard gets out of jail! Beyond the daily hardship of dealing with the 27 years of wrongful imprisonment is the toll of adjusting to the society he left behind all those years ago. Let America step up to the plate and make his transition as smooth as possible!

[jhinusa]

Thank you, 60 Minutes, for revealing this injustice. Thank you to those working in Texas to help free those who are innocent.
Wade and his people, if they are around, should be put in jail.
I feel terrible for those who have been treated with such injustice. We are thinking abt you and praying for you.
You will get justice in the end- from God. And I know his justice will be correct. Keep the faith until the end- and you will get eternal justice, while those who perpetrated this will get punished for sure.

[brandimegan]

I weeped after I saw this piece, grieving for this man who lost so much. I also thought of Mandela, who spent the same number of years in prison. The word "tragedy" isn''t powerful enough to describe the injustice. What''s happened in this country is so wrong. So so wrong. Thank you 60 Minutes for revealing this story. It a very powerful reminder to me and the rest of America of how much there is to be done.

[brandimegan]

I weeped during this piece, grieving for this man who lost so much. I also thought of Mandela, who spent the same number of years in prison. The word "tragedy" isn''t powerful enough to describe the injustice. What''s happened in this country is so wrong. So so wrong. Thank you 60 Minutes for revealing this story. It a very powerful reminder to me and the rest of America of how much there is to be done.

[brandimegan]

I weeped during this piece, grieving for this man who lost so much. I also thought of Mandela, who spent the same number of years in prison. The word "tragedy" isn''t powerful enough to describe the injustice. What''s happened in this country is so wrong. So so wrong. Thank you 60 Minutes for revealing this story. It a very powerful reminder to me and the rest of America of how much there is to be done.

[sonny0902]

I spent 27 years in my country''s military supposedly defending freedom around the world. Those years are the same number of years that Mr. Woodard spent in a prison for a crime that he did not commit. This monster, DA Wade, did not commit these heinous crimes alone; he had a large contingent of accomplices ( Asst DAs) and they all should be tried for committing crimes against humanity. What they did to these men, I liken to slavery, to what the Nazis did to 6 million Jews, to the vile acts that those cops in ATL committed against the 92 year old lady, & to what that animal in Austria did to his daughter. These are all criminal acts and someone was held accountable for these crimes, except for slavery.
Based on evidence uncovered by the Innocence Project and the nes Dallas County DA, there is a real possibility that an innocent person was executed. If that is proven true, then each prosecutor involved should be indicted and tried for murder. I sure wish that animal Wade was still alive.

[brandimegan]

I weeped during this piece, grieving for this man who lost so much. I also thought of Mandela, who spent the same number of years in prison. The word "tragedy" isn''t powerful enough to describe the injustice. What''s happened in this country is so wrong. So so wrong. Thank you 60 Minutes for revealing this story. It a very powerful reminder to me and the rest of America of how much there is to be done.

[lisasmith5]

These poor men whom were wrongly accused deserve more than "i''m Sorry" How about a trust fund!!!! The Gov''t waste alot of our tax dollars how about helping these guys start over. They are free after 20+ years but now what? We as Americans need to do something to help them start over. I feel we all owe them that especially the gov''t.. I''m sorry to these people; I''m very sorry!!!!

[sabella5]

Good for 60 Minutes for covering an injustice. But please don''t leave the piece as Woodard gets out of jail! Beyond the daily hardship of dealing with the 27 years of wrongful imprisonment is the toll of adjusting to the society he left behind all those years ago. Let America step up to the plate and make his transition as smooth as possible!

[sabella5]

Good for 60 Minutes for covering an injustice. But please don''t leave the piece as Woodard gets out of jail! Beyond the daily hardship of dealing with the 27 years of wrongful imprisonment is the toll of adjusting to the society he left behind all those years ago. Let America step up to the plate and make his transition as smooth as possible!

[newsman225]

Wonderful reporting up to the part where you left unsaid what many must be wondering about after watching this piece. Compensation for wrongful imprisonment.