74-year-old man required to register as a sex offender was wrongly convicted in 1982
Prosecutors withheld evidence that pointed to another suspect in the sexual assaults of two children, according to the Dallas County District Attorney’s Office.
Nearly 40 years after Mallory Vernon Nicholson’s trial, a Dallas County district court judge has agreed with prosecutors and defense lawyers that his convictions for burglary and aggravated sexual abuse of a child should be overturned.
Prosecutors in Nicholson’s 1982 trial failed to disclose reports from detectives and a doctor who evaluated the two victims that identified another suspect, according to court records signed last week by Criminal District Court 7 Judge Chika Anyiam.
Shows how far the Gestapo will go to try and keep someone on the registry. Would hate to lose a few Goverment dollars over someone restoring their lives huh?
In today’s justice system wrongful conviction doesn’t matter. The only thing that matters is getting a conviction and adding names to the roles to justify probation and law enforcement income. Today’s ‘scarlet letter’ is just as wrong as it was during our nation’s founding period…but that is what happens when we are controlled by politicians to whom the Constitution is only a ‘road block’ to their agenda.
When I went to court my court appointed attorney told me that 20% of convictions are innocent of what there. Charged with. He said that to assure me that to plea was by far the best thing to do. Whether they charge the right person or the wrong one , to them it doesn’t matter. They can then say case closed and go on with other things. It’s the easy way out, so if they even suspect you they will manipulate so called witnesses to identify you and what happened to get the answer they want. I know it happened to me. I would love to go back to court with what I know now, but that is close to impossible unless you have outside help. So what does that say for this great US of A.
DavidM
So many of us got screwed even with paid lawyers. We need to start a new fund raising effort to buy a flux Capacitor so we all can go back in time and make things right.
Not in court, go back and fix whatever we were accused of in the first place.
Not one peep about charging anyone on the prosecution.
God forbid we go after one of our own.
Not one mention.
There is a principle which is a bar against all information which is proof against all arguments and which cannot fail to keep a man in everlasting ignorance- that principle is “contempt prior to investigation”
Herbert Spencer
There needs to be consequences for with holding evidence instead of being able to do such and go on to being the VP of the US.
Absolutely, there is a long history of successful lawsuits by those wrongfully convicted. However, I believe there are caps to the amount in some states.
If only there were Criminal consequences to their actions! But it’s like getting an attorney to sue another attorney, incestuous relationships.
@Greig, Exactly.
It is always uplifting to hear of a case overturned after one lives under the long arm of the law for years. There is always the possibility of recovering monetary losses but unfortunately ‘life’ cannot be returned. Lost life is lost life and the legal system does not feel or care about the pain.
I believe those who withheld evidence and caused the man to be wrongly convicted should spend the same time in jail as the time the man spent on the registry. That was a malicious, damaging, dishonest act.
A Brady Violation or Disclosure, which is what this appears to be, consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence of a defendant and is a very serious charge (Wikipedia).
First, if it is proven, as it appears it has in this case, then the conviction could be overturned, as is being currently considered. TX Appeals Court knows this is the right answer, so overturn it already. (Dare I say race was a part of this case in 1982?)
Second, the DA’s office could be face serious blow back by the TX AG office for this with possible investigations into other cases that particular DA & ADA prosecuted as well as other cases around that time in that DA’s office where other Brady Violations could be had. This sounds similar to a time not long ago where Harris County, TX had a similar issue (2016) with Brady Violations.
Third, the individual DA and ADA, if still practicing today, could probably have their license stripped or suspended, at least, by the TX Bar from them and possibly still be held liable personally for their professional conduct. Absolute Immunity is not so absolute when Section 1983 is violated in the line of duty (https://www.fedagent.com/news-articles/sixth-circuit-absolute-immunity-denied-to-prosecutors-who-directed-an-investigation-and-offered-legal-advice-to-officers-on-the-existence-of-probable-cause).
In today’s environment of accountability, financial justice could happen at the hands of the DA’s office and local govt with a nice payment towards the individual here after a lawsuit, unless capped by state law, but still won’t take away the pain of nearly 40 years of suffering.
I pray this man wins and wins BIG.
Michael you have something there. Its like the COVID shots they can’t make you prove you had the shots or not when you enter a store with or without a mask. Course when one gets a shot one has to register their name and even some people say that is a gamic. Guess one needs a birth cercitific to prove they were born in America today.
Much of this registry is a bit much and an invasion of justice. Much of this registry protects no one and is a pre & injustice scandle if you ask me.