Convicting the Innocent
DNA Exonerations Database

Anthony Hicks

First NameAnthony
Last NameHicks
Year of Conviction1991
Year of Exoneration1997
State of ConvictionWisconsin
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeBlack
Description / Quotes from Testimony Concerning Defense

● Defense presented alibi witnesses but they were unable to account for defendant’s whereabouts from about 7:00-8:10 , the time in which the crime occurred.

Did the defendant testify at trial?No
Types of evidence at trial
  • Eyewitness
  • Forensic Evidence
Type of Forensic Evidence
  • Fingerprint
  • Hair
Types of Flawed Forensics
  • Vague
  • Valid (Excluded)
Brief Quote / Description of Testimony

Analyst who conducted hair comparison stated that the hair at the crime scene was “consistent” with the defendant. Analyst testified that the latent print excluded the defendant.

Identity of eyewitness
  • Cross Racial Identification
  • Victim
Lineup Procedures
  • Lineup
Suggestive Procedures

Yes ● Suggestive lineup – Hicks was only very dark complected person in lineup ● Victim not told attacker might not be in line-up, and instead was told that a suspect had been detained for her to identify

Quotes from testimony #1

Officer testified “I told her — there was someone in custody” when telling victim to come to police station to view line-up. Victim testified that police said “something to that effect” that they had a potential suspect, and that as a result she was “hoping that there would be someone” when she viewed the line-up.

Unreliable Identification?

Yes ● Discrepancies in description – facial hair – mustache, scarring above eyes, cleft chin; victim initially said would not necessarily be able to identify her attacker ● Initially uncertain

Quotes from testimony #2

Victim said that Hicks “looked brighter and had a cleft in his chin” than the attacker, following the line-up. Police report noted that the victim appeared “hesitant for just a moment before she marked the witness identification form.” Victim testimony: “A: He fit the description. He was the man. Q: But you never saw his eyes, you never saw the mustache. A: Yes, I guess that’s correct.” “Q. Now when looking at the assailant, did you notice any scars above the eyes? A. No.” Defendant had such scars as well as a mustache, which the victim did not observe.

Highest level reachedNR

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