Convicting the Innocent
DNA Exonerations Database

Joseph Frey

First Name Joseph
Last NameFrey
Year of Conviction1994
Year of Exoneration2013
Testing inculpated culpritCold Hit
State of ConvictionWisconsin
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeWhite
Types of evidence at trial
  • DNA excluded
  • Eyewitness
  • Forensic Evidence
  • Informant
Type of Forensic Evidence
  • DNA
Types of Flawed Forensics
  • Valid (Excluded)
Identity of eyewitness
  • Victim
Suggestive Procedures

Yes ● Suggestive line-up – defendant only person repeated in lineups

Unreliable Identification?

Yes ● Even after four lineups, victim uncertain and could not "positively identify" Frey

Jailhouse informant, Co-defendant, Incentivized WitnessJ
Highest level reachedAppeal
Claims Raised During All Appeals and Postconviction
  • Jury Instructions
  • Jury Selection
  • Sentencing — Noncapital
  • State Law Evidence Claim
  • Willfull Destruction of Material Evidence
Citations to judicial opinions

State v. Frey, 551 N.W.2d 869 (Ct App. Wisc 1996)