Cleared by DNA after 26 years in the slammer for a rape he didn't commit

[NNN0LHI]

http://www.chicagotribune.com/news/local/chi-070422dna-story,0,3689512.story

Cleared by DNA after 26 years
Ex-inmate wins battle to prove his innocence in '81 Chicago rape

By Maurice Possley
Tribune staff reporter
Published April 22, 2007

Jerry Miller could be angry that a rape victim misidentified him, or that he spent a quarter of a century in prison for a crime he did not commit. He could be bitter that he was paroled as a registered sex offender, forced to wear an electronic monitoring ankle bracelet that signaled his every move.

But Miller, 48, says he is "blessed."

Since his release in March 2006, he moved in with a cousin in the south suburbs and got two jobs, one at a bus service for the disabled and one as a cook in a Dolton barbecue joint.

At the same time, he continued fighting to prove his innocence, a battle he has finally won.

On Monday, prosecutors will ask a Cook County Circuit judge to erase Miller's conviction and sentence because recent DNA tests on evidence have excluded him as the attacker.

[bluestateguy]

1. How much money will the state pay him?

And when does the trial start for the criminal prosecutors, cops, judges and jurors (and possibly even the accusers) who are responsible for this outrage?

Why should this guy have to work in menial jobs for the rest of his life? That's just wrong.

[pitohui]

4. the victim testified that she didn't know if it was him

i just read the link, it is not her fault, she did not claim that she recognized him to be the man, it sounds like she acknowledged that she was not sure

looks to me like the cops and prosecutors just rushed to pick up someone, "anyone" for this crime

unfortunately as far as i know, they are protected from any prosecution, as are members of the jury

[aint_no_life_nowhere]

5. She identified him on the witness stand, even though she didn't before

"...At trial, the attendants identified Miller. The victim said she thought Miller looked like her attacker, even though the attacker was described as having a few days' growth of facial hair and Miller had a full goatee. ..."

Sounds to me like the victim was manipulated and coached in between the time she couldn't positively identify the photo of the alleged perp and the trial.

[Ilsa]

6. Typical. The police left me alone with two folders as I was

about to do a photographic lineup. The det secifically told me, "This one has the pic of the perp, this has our photographic lineup." Then he left me alone with the folders for twenty minutes. I refused to look. I couldn't bear it on my conscience if I id'ed the wrong man for sexual assault.

The det must have thought I was stupid. No. I was just moral.

[rhett o rick]

2. Was Nancy Grace involved in the prosecution?? nm

[OmmmSweetOmmm]

3. Now just imagine if there was a death sentence attached to this.

It makes me shudder.

[Pushed To The Left]

9. That's the exact thing that changed my opinion about the death penalty!

And I used to pretty hardcore bloodthirsty pro-death penalty! I read an article about a man in California who was wrongfully convicted of murder and later set free (with help from the DA who helped covict him!) If there hadn't been a moratorium at the time, he would have received the death sentence!

[bobbolink]

7. Yet there's still a "debate" about the death penalty.

"Some say" a few wrongful deaths doesn't matter.

Wadda country....

:nuke:

I hope this guy gets some *real* justice.... like an easier life than crappy jobs!

[NNN0LHI]

8. This case is doubly troubling to me

My heart goes out to this man but it still bothers me to all hell......that the real rapist is free and has probably been committing more violent crimes because this case was closed after they wrongly locked up Mr. Miller.


Don