Convicting the Innocent
DNA Exonerations Database

Frederick Renee Daye

First NameFrederick Renee
Last NameDaye
Year of Conviction1984
Year of Exoneration1994
Testing inculpated culpritNon-Cold Hit
State of ConvictionCalifornia
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Life / LWOP sentenceLife
Gender of ExonereeMale
Race of exonereeBlack
Type of Innocence Defense
  • Alibi
  • Third Party Guilt
Description / Quotes from Testimony Concerning Defense

● Defendant’s fiancée and another witness testified to seeing defendant away from scene of the crime. ● Mother of David Pringle, the other man charged with the crime, testified to her son’s acquaintance with Eddie Smallwood, who matched the eyewitness’ descriptions of the second attacker. ● Cousin of David Pringle testified that shortly after the attack, Eddie Smallwood offered to sell her two rings that were similar to the rings stolen from the victim.

Did the defendant testify at trial?No
Types of evidence at trial
  • Eyewitness
  • Forensic Evidence
Type of Forensic Evidence
  • Fingerprint
  • Serology
Types of Flawed Forensics
  • Invalid
Reason why invalid(1) Masking
Brief Quote / Description of Testimony

Both the victim and Daye were Type O secretors. The analyst “found the presence of O secretions” on the victim’s pant legs,” and concluded that “[i]t is likely that it is not a mixture of semen and vaginal secretions. It is likely it’s just semen.” Finally, the analyst concluded that the stains “would be consistent with Mr. Daye’s blood type.” However, the blood group substances in those stains could have entirely originated with the victim, where the stains could have been a mixture, and thus no donor could be excluded. See Part II.A.1 for a description of the problem of masking and non-quantification and discussion of similar cases. Analyst testified that latent print excluded defendant.

Identity of eyewitness
  • Cross Racial Identification
  • Victim
Multiple eyewitnesses2
Lineup Procedures
  • Photo array
Suggestive Procedures

Yes ● Suggestive line-up – only one photo had dark complexion or the hair described ● Victim not told attacker might not be in line-up

Quotes from testimony #1

“He told me he was going to show me about five pictures, and if there was any man in any of the pictures that looked similar or like the man that was there, that attacked me.” Victim testified that only the defendant’s photo, “one” photo in array had combed back, shiny hair she had described

Unreliable Identification?

Yes ● Discrepancies in description – hair, facial hair, could not recall height, weight

Quotes from testimony #2

Described hair that was combed back straight, and facial hair (but could not recall if it was a full beard or not)

Highest level reachedFederalHabeas
Claims Raised During All Appeals and Postconviction
  • Fourth Amendment
  • Jackson Claim
  • Jury Instructions
  • Jury Selection
  • Sentencing — Noncapital
  • State Court Newly Discovered Evidence Claim
  • State Law Evidence Claim
  • Suggestive Eyewitness Identification
Harmless Error Rulings
  • G
  • HE
  • NP
  • OG
Citations to judicial opinions

People v. Daye, 223 Cal.Rptr. 569, 580 (Cal. App. 4 Dist. 1986) (ordered not published)

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