| First Name | Wiley |
| Last Name | Fountain |
| Year of Conviction | 1986 |
| Year of Exoneration | 2003 |
| State of Conviction | Texas |
| Trial, Bench Trial, or Guilty Plea | Trial |
| Type of Crime | Rape |
| Death Sentence | No |
| Gender of Exoneree | Male |
| Race of exoneree | Black |
| Juvenile | No |
| Type of Innocence Defense |
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| Description / Quotes from Testimony Concerning Defense | ● Defendant’s cousin testified that defendant was asleep at the time of the crime. |
| Did the defendant testify at trial? | Yes |
| Quotes from Exoneree Testimony | “Q: Did you rape [the victim]? A: No, sir, I didn’t.” |
| Types of evidence at trial |
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| Type of Forensic Evidence |
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| Types of Flawed Forensics |
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| Brief Quote / Description of Testimony | Analysts testified that blood and saliva tests were inconclusive |
| Identity of eyewitness |
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| Lineup Procedures |
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| Suggestive Procedures | Yes ● Suggestive line-up – defendant only person with cap and jogging suit like victim had described attacker wearing |
| Quotes from testimony #1 | “Q. And it didn’t help at all that he had those clothes on that looked kind of like what you described earlier, did it? A. Yes. Q. It did help, didn’t it? A. Yes. Q. And he was the only one that was dressed that way in those photographs, wasn’t he? A. Yes.” |
| Unreliable Identification? | No ● Discrepancies in description – facial hair, moustache |
| Quotes from testimony #2 | One victim affirmatively told police that he did not have any facial hair. “Q. And you’re telling this jury that the person that attacked you kissed you on the neck and then kissed both your breasts for about five minutes, and you were not able to tell anybody that he had facial hair, that is, a mustache? In fact, you told them just the opposite, didn’t you? You told them he didn’t have facial hair? A. Yes.” Later at the parole hearing, she for the first time said that “it looked like he had a mustache, but I couldn’t tell if it was a mustache or just a shadow on his face.” |
| Highest level reached | Appeal |
| Claims Raised During All Appeals and Postconviction |
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| Harmless Error Rulings |
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| Citations to judicial opinions | Fountain v. State, No. 05‐86‐00941‐CR (Tex. App. Dallas 1987) |