Convicting the Innocent
DNA Exonerations Database

Terry Chalmers

First Name Terry
Last NameChalmers
Year of Conviction1987
Year of Exoneration1995
State of ConvictionNew York
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeBlack
Did the defendant testify at trial?No
Types of evidence at trial
  • Eyewitness
Identity of eyewitness
  • Cross Racial Identification
  • Victim
Lineup Procedures
  • Lineup
  • Photo array
Suggestive Procedures

Yes ● Suggestive remarks – detective told victim she had identified the same person in each procedure ● Defendant repeated in four separate procedures ● Suggestive line-up – defendant was the only one wearing a bright shirt

Quotes from testimony #1

Q. After you viewed that [second] lineup do you remember Detective Rondina or one of the detectives telling you that you picked out the same person all along in the three prior photographic procedures, the three prior identification procedures? A. At the moment that I identified him, no. It was after when I was sitting down and talking to them that, yes, he told me that.

Unreliable Identification?

Yes ● Initially uncertain of i.d. ● Initial nonidentification – victim initially picked defendant and one other person

Quotes from testimony #2

Q: As I understand it, you put a number down on the sheet supplied to you by the police officer conducting the lineup. A: Yes I did. Q: What else did you put down? A: I put down I was unsure." "Q: And you observed at the time, did you not, that Anthony, the person that you saw in the lineup and the person that you pointed to and picked out in the second lineup, was heavier or fatter I think is the word you used, fatter than the person who did this thing to you in December of 1983, right? A: Yes."

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

People v. Chalmers, 163 A.D.2d 528 (N.Y. App. Div. 2 Dept. 1990)
People v. Chalmers, 571 N.E.2d 89 (N.Y. 1991)

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