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, pe ...
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 by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
, which was alleged to have been committed during a
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
in 1979. He was
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
d in July 2010 after serving 30 years of a 75-year prison sentence in
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
. Prosecutors cleared him of the crime after a test of his
DNA profile DNA profiling (also called DNA fingerprinting) is the process of determining an individual's DNA characteristics. DNA analysis intended to identify a species, rather than an individual, is called DNA barcoding. DNA profiling is a Forensic DNA ...
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 is committed to exonerating individuals who have been wrongly convicted, through the use of DNA testing and working to reform the criminal justice system to prevent futur ...
, spent more time in prison in Texas than any other inmate who was eventually
exonerated Exoneration occurs when the conviction for a crime is reversed, either through demonstration of innocence, a flaw in the conviction, or otherwise. Attempts to exonerate convicts are particularly controversial in death penalty cases, especially w ...
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 the item taken over is a motor vehicle.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 ...
after visiting a liquor store in
Dallas Dallas () is the List of municipalities in Texas, third largest city in Texas and the largest city in the Dallas–Fort Worth metroplex, the List of metropolitan statistical areas, fourth-largest metropolitan area in the United States at 7.5 ...
, 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 of ...
. 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 crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crime ...
. 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 lawyer. He received national media attention while serving on O. J. Simpson's defense team, collectively dubbed the "Dream Team", helping to win an acquittal in the highly publicize ...
. 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 Dallas County may refer to: Places in the USA: * Dallas County, Alabama, founded in 1818, the first county in the United States by that name * Dallas County, Arkansas * Dallas County, Iowa * Dallas County, Missouri * Dallas County, Texas, the nint ...
District Attorney
Craig Watkins Craig Marcus Watkins (born November 16, 1967) is an American lawyer. He was the district attorney for the Dallas County, Texas, Dallas County, Texas in the United States from 2007 to 2015. He became the first elected African American district a ...
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 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.Kellison, Stephen G. (1970). ''The Theory of Interest''. Homewood, Illinois: Richard D. Irwin, Inc. p. 45 Examples of annuities are regular deposits to a savings account, mo ...
. 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) nonprofit legal organization that is committed to exonerating individuals who have been wrongly convicted, through the use of DNA testing and working to reform the criminal justice system to prevent future ...
*
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 * Bill Wilson was convicted of the 1912 murder of his wife and child and sentenced to life in prison. He was exonerated in 1918 when they were both ...
*
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 (an abbreviation of Internet Movie Database) is an online database of information related to films, television series, home videos, video games, and streaming content online – including cast, production crew and personal biographies, ...

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 is committed to exonerating individuals who have been wrongly convicted, through the use of DNA testing and working to reform the criminal justice system to prevent futur ...
{{DEFAULTSORT:Dupree, Cornelius Living people 1959 births Overturned convictions in the United States People from Houston Prisoners and detainees of Texas