Convicting the Innocent
DNA Exonerations Database

David Shawn Pope

First NameDavid Shawn
Last NamePope
Year of Conviction1986
Year of Exoneration2001
Testing inculpated culpritCold Hit
State of ConvictionTexas
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeWhite
Type of Innocence Defense
  • Alibi
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
  • Eyewitness
  • Forensic Evidence
Types of Flawed Forensics
  • Invalid
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
  • Intraracial Identificaiton
  • Victim
Lineup Procedures
  • Composite drawing
  • Lineup
  • Photo array
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 reachedAppeal
Claims Raised During All Appeals and Postconviction
  • Jury Instructions
  • State Law Evidence Claim
Harmless Error Rulings
  • G
  • HE
  • OG
Citations to judicial opinions

Pope v. State, 756 S.W.2d 401 (Tex. App.‐Dallas 1988)

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