Convicting the Innocent
DNA Exonerations Database

Dwayne Dail

First NameDwayne
Last NameDail
Year of Conviction1990
Year of Exoneration2007
Testing inculpated culpritCold Hit
State of ConvictionNorth Carolina
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Life / LWOP sentenceLife
Gender of ExonereeMale
Race of exonereeWhite
Type of Innocence Defense
  • Alibi
Description / Quotes from Testimony Concerning Defense

● Missing transcript of defense case

Did the defendant testify at trial?Yes
Quotes from Exoneree Testimony

Missing portion of trial transcript

Types of evidence at trial
  • Eyewitness
  • Forensic Evidence
Type of Forensic Evidence
  • Hair
  • Serology
Types of Flawed Forensics
  • Valid (Excluded) (Non-probative)
Brief Quote / Description of Testimony

The victim and Dail were both nonsecretors. The analyst testified that “When I analyzed the semen that I found, I did not detect any ABO type. That would be what you would expect if you had two nonsecretors. However, it’s also possible that there was not enough semen present and I did not pick up any ABO type.” Hair comparison excluded the defendant.

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

Yes ● Show-up – no line-up conducted; sole i.d. procedure conducted by State was in court

Quotes from testimony #1

Defense lawyer argued in closings that “this girl cannot even identify this man and has not prior to sitting in this courtroom, actually identified this man. Never pointed him out to anyone ever.” Prosecutor argued in closings, “We have another prior eyewitness identification on the 16th of October, 1987, as I argued, which was seeing him on the street, which I would say is much stronger than the police line-up type of thing.”

Unreliable Identification?

No – although testimony of victim not obtained

Highest level reachedNR

Read more about this exoneration

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