Daily News

The wrong man …

Thursday, August 30th, 2007

By Chris Fitzsimon

A Goldsboro man is out of prison, his innocence having been proved, But how many more have shared, or share, his fate?

One wonders if, during his 18 years in prison, Dwayne Allen Dail’s claims of innocence were written off by jailers and fellow prisoners as just another case of a guilty man claiming he didn’t do it. If so, Dail now has a few "I told you so’s" to deliver. He was released from prison Tuesday, having been exonerated in a 1987 rape in Goldsboro of a 12-year-old girl. Dail was cleared by DNA evidence showing he was not the assailant. DNA found on a nightgown has been linked to someone already in prison, Dail’s attorney said.

Dail had never confessed. He continued, throughout his time in jail, to proclaim his innocence. And he was fortunate to get the attention of the N.C. Center for Actual Innocence and its leader, attorney Christine Mumma. The center, a nonprofit that utilizes law students from throughout the state to look into cases, took on Dail’s in 2001. Mumma kept up the fight, and now deserves recognition for one of a defense attorney’s proudest accomplishments — getting a wrongfully convicted person out of jail.

Dail was serving two life sentences plus 18 years for the rape charges. He was identified by the victim, and hair that was found at the scene was determined to be consistent with his. (more…)

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