Patrick Waller

• Alibi

● Three alibi witnesses testified in addition to the defendant. A security guard at the apartment complex described seeing the defendant and his girlfriend and her children arrive at home the evening of the crime. Defendant’s girlfriend and a friend of theirs describes how he was home that evening.

Defendant described that he was at home the night of the crime; “I did not go back outside at all until the next day.”

• Eyewitness
• Forensic Evidence

• Serology

• Invalid

The analyst testified that the results were consistent with the defendants’ type, and 42% of the population could be a contributor, yet the defendant was a non-secretor.

• Cross Racial Identification
• Victim

• Lineup
• Photo array

Yes ● Victim not told attacker might not be present ● Suggestive remarks

Dallas Morning News found that: “After one witness hesitated to identify exoneree Patrick Waller from a photo lineup, prosecution notes show, the lead detective pointed to Mr. Waller’s picture and said two other eyewitnesses had identified him. The witness remained uncertain and was not called to testify at trial.” One victim agreed she was warned “that you pick out only that person you know to be the suspect in this case; don’t pick anybody that you think might be the person. . .” Second victim told “If you see anybody yourecognize, let us know.”

Yes ● Initial nonidentification ● Discrepancies in description – gold teeth, Waller did not wear glasses, hair length

One victim who did not identify the defendant in a photo array testified “I couldn’t look at it. I was scared. I turned pictures over to look at them, and I saw it and I just flipped them back over.”

• Ineffective Assistance of Counsel
• Motion for DNA Testing

• G

Waller v. State, 931 S.W.2d 640 (Tex.App.‐Dallas 1996)