|Year of Conviction||1999|
|Year of Exoneration||2004|
|Testing inculpated culprit||Cold Hit|
|State of Conviction||Texas|
|Trial, Bench Trial, or Guilty Plea||Trial|
|Type of Crime||Rape|
|Gender of Exoneree||Male|
|Race of exoneree||Black|
|Type of Innocence Defense|
|Description / Quotes from Testimony Concerning Defense|
● The defendant’s testimony supported the alibi.
|Did the defendant testify at trial?||Yes|
|Quotes from Exoneree Testimony|
No transcript of defendant’s testimony.
|Types of evidence at trial|
|Type of Forensic Evidence|
|Types of Flawed Forensics|
|Reason why invalid||(2), (3) Invalid DNA testimony, failure to describe exculpatory test results|
|Brief Quote / Description of Testimony|
The analyst testified that “No other two persons will have same DNA except in the case of — of identical twins” without mentioning any random match probability. Evidentiary samples were mixed and findings on one test in combination with the second test excluded Sutton as a contributor; see description of the case at Part II.C.
|Identity of eyewitness|
Yes ● Show-up
|Quotes from testimony #1|
Victim shown Sutton sitting in a police cruiser, five days after the crime.
No ● Discrepancies in description – height, weight
|Quotes from testimony #2|
Victim described attacker later identified as Sutton as 135 pounds and 5’ 7” and certainly shorter than the victim who was 5’ 10.” Sutton was 6 feet tall and 200 pounds at the time. In addition, victim could “not clearly” see his face, as there was only a moment before that attacker pulled a wool cap over his face.
|Highest level reached||Appeal|
|Claims Raised During All Appeals and Postconviction|
|Harmless Error Rulings|
|Citations to judicial opinions|
Sutton v. State, 2001 WL 40349 (Tex. App.‐Hous. 14 Dist. 2001)