|Year of Conviction||1991|
|Year of Exoneration||1997|
|State of Conviction||Wisconsin|
|Trial, Bench Trial, or Guilty Plea||Trial|
|Type of Crime||Rape|
|Gender of Exoneree||Male|
|Race of exoneree||Black|
|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|
|Type of Forensic Evidence|
|Types of Flawed Forensics|
|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|
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.
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 reached||NR|