Innocence Program

Texas Indigent Defense Commission (TIDC)

Program Impact: Exonerations of Texas Innocence Project Clients

Ten exonerations of wrongfully convicted Texans have been identified and overturned with the assistance of these projects since the state begin to provide funding in 2006. In many of these cases, the same investigation that cleared an innocent person also identified the actual perpetrators.

Darryl Washington, Shakara Robertson and Marcus Lashun Smith (Innocence Project of Texas and University of Houston Innocence Project, 2012) — After Darryl Washington was convicted of aggravated robbery in Dallas in 1994 and sentenced to 99 years, co-defendants Shakara Robertson and Marcus Smith decided to plead guilty. Robertson was subsequently sentenced to five years following a period of deferred adjudication, while Smith’s conviction resulted in probation only. Attorney Tracey Cobb began investigating Washington’s case while a law student working with the University of Houston Innocence Project. She continued to work the case after law school and developed compelling evidence of the men’s innocence. Cobb teamed with attorneys working with the Innocence Project of Texas to litigate the cases. The Court of Criminal Appeals granted habeas corpus relief based on innocence to Washington and Robertson on May 23, 2012. Smith, whose plea resulted in probation only, was granted habeas corpus by a Dallas County district court on April 6, 2012. The investigation also identified the actual perpetrators.

Johnny Pinchback (Innocence Project of Texas, 2011) – Pinchback was convicted of two Dallas sexual assaults in 1984. His innocence was established through DNA testing in 2011. On June 8, 2011 the Court of Criminal Appeals granted habeas relief based on actual innocence.

Timothy Cole (Innocence Project of Texas, 2010) – Timothy Cole was wrongfully convicted of a Lubbock sexual assault in 1986. He died in prison in 1999. On April 7, 2009 a district court proceeding was held in Austin which considered evidence of Timothy Cole’s innocence, including exculpatory DNA results that identified the actual perpetrator. Governor Rick Perry presented a posthumous pardon based on innocence to Cole’s family on March 1, 2010.

Claude Simmons and Christopher Scott (Texas Center for Actual Innocence, 2009) - Simmons and Scott were released on October 23, 2009 and their convictions were overturned by the Court of Criminal Appeals on March 3, 2010. The actual perpetrators have been identified. (TCAI represented Simmons. The same investigation also established the innocence of Christopher Scott, who was represented by the Dallas County Public Defender’s Office), and identified the actual perpetrators.

James Woodard (Innocence Project of Texas, 2009) – Woodard was wrongfully convicted of the rape and murder of his former girlfriend in 1980. After an extensive reinvestigation that included exculpatory DNA evidence, Woodard was released by order of a Dallas County District Court in April 2008. Governor Rick Perry granted Woodard a pardon based on innocence on September 30, 2009.

Patrick Waller (Innocence Project of Texas, 2008) - Waller was convicted of a 1992 robbery and sexual assault in Dallas. He was represented by private counsel who worked with IPOT to obtain DNA testing which led to his release. The Court of Criminal Appeals granted Patrick Waller’s writ of habeas corpus based on innocence in September 2008. The actual perpetrator has been identified.

Ronald Gene Taylor (University of Houston Innocence Project w/ the Innocence Project (NY), 2007) - UHIP cooperated with the Innocence Project to exonerate Taylor of a 1993 rape in Houston based on DNA evidence implicating another man. On November 7, 2007 the Court of Criminal Appeals granted habeas relief based on the exculpatory forensic results.

Josiah Sutton (University of Houston Innocence Project w/ the Innocence Project (NY), 2004) - Josiah Sutton was exonerated of a 1998 Houston rape by DNA testing conducted in 2004. The University of Houston Innocence Project served as local counsel in cooperation with the Innocence Project to secure Sutton’s exoneration. The Court of Criminal Appeals granted Sutton’s habeas petition on May 25, 2005. (This exoneration occurred prior to funding from the Texas Legislature).