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Jan 17, 2007 11:38 pm US/Central
Man Wrongfully Convicted Of Rape Finally Released
by J.D. Miles
DALLAS (CBS 11 News) ―
A man who served more than 10 years on a rape conviction received an apology today from a judge.
James Waller is the 12th Dallas County man in 5 years to be proven innocent through DNA testing.
"On behalf of any and every public official in office at that time, I want to apologize to you," Judge John Creuzot spoke those words to 50-year-old Waller.
Waller spent half of his life paying the price of a horrible crime he didn't commit.
"We are here to enter into the record, and make known to the world, the results of state of the art DNA testing, which proves that he is actually innocent," Waller's attorney, Nina Morrison, said.
Attorneys with the Innocence Project presented the Dallas County judge with DNA testing that exonerates Waller as the rapist of a 12-year-old boy in 1982.
"I just want to thank God that the Innocence Project took the time out to hear my case," Waller said.
Waller served nearly 11 years of a 30 year sentence, followed by another 13 years of strict probation as a registered sex offender.
His life scarred by the false accusation, Waller told the courtroom he was not angry.
"I just wish and pray that the kid would know who did the crime and know he made a mistake," Waller said.
"He made this identification by the eyes and by voice," attorney Barry Scheck said. "It was a very weak case to begin with."
Scheck's Innocence Project offered the expensive DNA testing that cleared Waller. That's the 12th Dallas County man they've exonerated in just five years.
With his family around him, Waller accepted a hug from the judge before beginning a new life at 50. For a man who lost so much time, his dreams are simple.
"Find me a nice place to live and hopefully get married again," Waller said. "It's a new year and I'm a whole new person."
(CBS 11 News)
