After Dallas DA’s death, 19 convictions undone
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'Win at all costs'
John Stickels, a University of Texas at Arlington criminology professor and a director of the Innocence Project of Texas, blames a culture of "win at all costs."
"When someone was arrested, it was assumed they were guilty," he said. "I think prosecutors and investigators basically ignored all evidence to the contrary and decided they were going to convict these guys."
A Democrat, Wade was first elected DA at age 35 after three years as an assistant DA, promising to "stem the rising tide of crime." Wade already had spent four years as an FBI agent, served in the Navy during World War II and did a stint as a local prosecutor in nearby Rockwall County, where he grew up on a farm, the son of a lawyer. Wade was one of 11 children; six of the boys went on to become lawyers.
He was elected 10 times in all. He and his cadre of assistant DAs — all of them white men, early on — consistently reported annual conviction rates above 90 percent. In his last 20 years as district attorney, his office won 165,000 convictions, the Dallas Morning News reported when he retired.
In the 1960s, Wade secured a murder conviction against Ruby, the Dallas nightclub owner who shot Lee Harvey Oswald after Oswald's arrest in the assassination of President Kennedy. Ruby's conviction was overturned on appeal, and he died before Wade could retry him.
Wade was also the defendant in the 1973 landmark Roe v. Wade Supreme Court decision legalizing abortion. The case began three years earlier when Dallas resident Norma McCorvey — using the pseudonym Jane Roe — sued because she couldn't get an abortion in Texas.
Cases overturned
Troubling cases surfaced in the 1980s, as Wade's career was winding down.
Lenell Geter, a black engineer, was convicted of armed robbery and sentenced to life in prison. After Geter had spent more than a year behind bars, Wade agreed to a new trial, then dropped the charges in 1983 amid reports of shoddy evidence and allegations Geter was singled out because of his race.
In Wade's final year in office, the U.S. Supreme Court overturned the death sentence of a black man, Thomas Miller-El, ruling that blacks were excluded from the jury. Cited in Miller-El's appeal was a manual for prosecutors that Wade wrote in 1969 and was used for more than a decade. It gave instructions on how to keep minorities off juries.
A month before Wade died of Parkinson's disease in 2001, DNA evidence was used for the first time to reverse a Dallas County conviction. David Shawn Pope, found guilty of rape in 1986, had spent 15 years in prison.
Watkins, a former defense lawyer, has since put in place a program under which prosecutors, aided by law students, are examining hundreds of old cases where convicted criminals have requested DNA testing.
'Protecting a legacy'
Of the 19 convictions that have been overturned, all but four were won during Wade's tenure. In two-thirds of the cases, the defendants were black men. None of the convictions that have come under review are death penalty cases.
"I think the number of examples of cases show it's troubling," said Nina Morrison, an attorney with the Innocence Project, a New York-based legal group affiliated with the Texas effort. "Whether it's worse than other jurisdictions, it's hard to say. It would be a mistake to conclude the problems in these cases are limited to Dallas or are unique to Dallas.
Former assistant prosecutor Dan Hagood said The Chief expected his assistants to be prepared, represent the state well and be careful and fair.
"Never once — ever — did I ever get the feeling of anything unethical," Hagood said. He denied there was any pressure exerted from above — "no `wink' deals, no `The boss says we need to get this guy.'"
But Watkins said those who defend The Chief are "protecting a legacy."
"Clearly it was a culture. A lot of folks don't want to admit it. It was there," the new DA said. "We decided to fix it."
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