Convicting the Innocent
DNA Exonerations Database

Richard Danziger

First Name Richard
Last NameDanziger
Year of Conviction1990
Year of Exoneration2002
Testing inculpated culpritNon-Cold Hit
State of ConvictionTexas
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

● Defendant was the only witness in support of the alibi.

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

“Q: Had you ever met [the victim]? A: No. That’s a public fact. You can go through all my records or whatever. I never even met the girl.”

Types of evidence at trial
  • Forensic Evidence
  • Informant
  • Other
Type of Forensic Evidence
  • Hair
  • Serology
Types of Flawed Forensics
  • Invalid
  • Vague
Reason why invalid(1) Masking
Brief Quote / Description of Testimony

Victim is PGM 1+1+, Danziger is PGM 1+2+. A small quantity of semen and the type PGM 1+ was identified which was consistent with the victim and also with Danziger. When asked “Could any other type O secretor with a 1+ PGM partial subtype have been that donor?” the analyst answered, “Yes.” However, because the 1+ detected could have solely originated from the victim, the donor could have been any type. See Part II.A.1 for a description of the problem of masking and non-quantification and discussion of similar cases. The analyst testified that questioned hairs were “consistent” with the defendant.

Jailhouse informant, Co-defendant, Incentivized WitnessCD
Examples of Non-Public or Corroborated Facts and Inconsistencies● Non-public facts included in co-defendant Chris Ochoa’s false confession – see false confession Appendix.
Quotes from testimony #3

Prosecutor argued, “look at the explicit details of the crime. I don’t know if you caught some of these things. When Chris was talking about how they bound and gagged [the victim], when they took her to the arcade area, how her shirt was taken from her legs where it had been used as ligament and thrown off on Richard. Remember where her shirt was found? Right in that doorway by the arcade. And remember they said that she was carried into the bathroom after she had been shot in the head, and her tie that had been used to bound her up was taken off by Richard so he could perform oral sex on her dying body. Where was the tie found? In the bathroom. Now, are you to believe the police sat and coached him on all those details so once again we could convict an innocent man. Is that what you are to believe? That’s what the defense is asserting.”

Highest level reachedNR
Claims Raised During All Appeals and Postconviction
  • Jackson Claim
Harmless Error Rulings
  • G
Citations to judicial opinions

Danziger v. State, No. 3‐90‐086‐CR (Tex. App. 3 Dist. Austin 1991)

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