| First Name | David Shawn |
| Last Name | Pope |
| Year of Conviction | 1986 |
| Year of Exoneration | 2001 |
| Testing inculpated culprit | Cold Hit |
| State of Conviction | Texas |
| Trial, Bench Trial, or Guilty Plea | Trial |
| Type of Crime | Rape |
| Death Sentence | No |
| Gender of Exoneree | Male |
| Race of exoneree | White |
| Juvenile | No |
| Type of Innocence Defense |
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| Description / Quotes from Testimony Concerning Defense | Missing defense case portion of the trial. |
| Did the defendant testify at trial? | No |
| Types of evidence at trial |
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| Types of Flawed Forensics |
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| Reason why invalid | -6 |
| Brief Quote / Description of Testimony | “Q. The bottom line analysis on the known voice and the unknown voice in this situation were only made by one single person in the whole wide world? A. Exactly. Q. Just like fingerprints, it is unique? A. Exactly.” See Part II.E. for a discussion of this case. |
| Identity of eyewitness |
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| Lineup Procedures |
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| Suggestive Procedures | Yes ● Suggestive remarks – told victim to sit alone after lineup and to make a “more definite” statement ● Suggestive line-up ● Victim not told attacker might not be in line-up |
| Quotes from testimony #1 | “Then they took me upstairs to the police room and they said, you know, “Is that the man? Are you sure?” And then they left me in the room. They said, “Why don’t you think,” you know, to make a definite statement, so they left me in the room.” They left her there for “maybe five minutes” and told her that “this is real serious” and “we want you to be real positive.” “Q. Is there one person that photograph [the photo array] that is blond and tan, more tan than the others? A. More than the others. Q. And that is the Defendant, isn’t it? A. Yes.” Victim agreed that the others had light hair but were not blond |
| Unreliable Identification? | Yes ● Initial nonidentification ● Discrepancy in description – hair color |
| Quotes from testimony #2 | Victim looked at photo-array and said “I am not sure.” At the in-person lineup a half hour went by from the time she initially saw it until she told police “I am definite.” Defendant was not as blond as attacker was – “his hair is not as blonde.” |
| Highest level reached | Appeal |
| Claims Raised During All Appeals and Postconviction |
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| Harmless Error Rulings |
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| Citations to judicial opinions | Pope v. State, 756 S.W.2d 401 (Tex. App.‐Dallas 1988) |