Tuesday, August 14, 2012

DNA doesn't help inmate prove his innocence - FOX 4 News

DALLAS -

A Dallas man accused of a rape decades ago has been cleared by DNA twice. But so far he has yet to be exonerated.

Family members have been protesting outside the Lew Sterrett Justice Center on behalf of Ocie Moore.

"He has served 21 years of a 99-year sentence, almost died twice for a crime he did not commit. Now they want to send an innocent man back to prison for a crime he did not commit," said Audra Woods, Moore's sister.

In 1990 Moore and another man were convicted of rape. Since then he has maintained his innocence, even requesting to be DNA tested.

"I passed a DNA test in June. She come back and said they want to do another test. They tested again in April. I passed that one also," Moore said.

Moore's DNA did indeed exclude him. But in this case the allegations involved two men who raped the woman and only one DNA profile could be identified as belonging to the man convicted with Moore.

Prosecutor Russell Wilson said DNA alone does not open the door to freedom. Context matters as much as the content.

"We consider all the information that we can gather -- the scientific test, the testimony at the trial, the witness statements that we're able to gather, his own statements," he said.

Dallas County leads the nation in exonerations. Thirty wrongly-convicted men have been set free, almost all cleared by DNA. But the district attorney's office believes this is one conviction from the early 90s that's right.

"We go where the evidence takes us and in the case of Mr. Moore the evidence has not taken him to where he would like to be," Wilson said.

Moore will soon be moved back to the Texas Department of Corrections' Coffield Unit.

"They told me I would never see Dallas, TX so I took it as I was going to die in prison," he said.

Moore's family plans to continue protesting and fighting for his release saying the evidence proves he is innocent.

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