Convicting the Innocent
DNA Exonerations Database

Arvin McGee

First NameArvin
Last NameMcGee
Year of Conviction1989
Year of Exoneration2002
Testing inculpated culpritCold Hit
State of ConvictionOklahoma
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeBlack
Did the defendant testify at trial?No
Types of evidence at trial
  • Eyewitness
  • Forensic Evidence
Type of Forensic Evidence
  • Hair
  • Serology
Types of Flawed Forensics
  • Valid
Brief Quote / Description of Testimony

The victim was a nonsecretor and the analyst testified that the B substances detected were consistent with the defendants B type. Analyst testified that hairs compared excluded the defendant.

Identity of eyewitness
  • Cross Racial Identification
  • Victim
Lineup Procedures
  • Composite drawing
  • Photo array
Suggestive Procedures

Yes ● Victim not told attacker might not be in line-up

Quotes from testimony #1

Victim recalled that the officer “just laid them down. He just laid them down and told me to look over them carefully.”

Unreliable Identification?

Yes ● Initial nonidentification ● Discrepancies in description – hair

Quotes from testimony #2

Initially selected a filler from photo array, testifying, “I picked out a man that resembled him.” In second array, selected defendants photo, but only after “I studied that picture for awhile,” for about 15 minutes. Description changed from “short” hair to at trial, collar-length to shoulder-length hair. Initial description included hair in a “jeri curl” and a “neat mustache.”

Highest level reachedNR

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