# Proven cases of innocent people wrongly convicted and executed in USA? **URL:** \ **Category:** Factual Questions\ **Created:** [January 11, 2007, 1:30pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539 "2007-01-11T13:30:09Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Tomcat](https://avatars.discourse-cdn.com/v4/letter/t/8e8cbc/32.png) [@Tomcat](https://boards.straightdope.com/u/Tomcat)\ **Post date:** [January 11, 2007, 1:30pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/1 "2007-01-11T13:30:09Z")
Looking for 100% rock solid cases of people being executed and then found innocent. Since 1960…don’t need to go back too far. -Tcat ---
**Author:** ![brk913](https://avatars.discourse-cdn.com/v4/letter/b/838e76/32.png) [@brk913](https://boards.straightdope.com/u/brk913)\ **Post date:** [January 11, 2007, 2:09pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/2 "2007-01-11T14:09:39Z")
[QUOTE=Tomcat] Looking for 100% rock solid cases of people being executed and then found innocent. Since 1960…don’t need to go back too far. -Tcat [/QUOTE] Look here: [http://www.justicedenied.org/executed.htm](http://www.justicedenied.org/executed.htm) ---
**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\ **Post date:** [January 11, 2007, 3:22pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/3 "2007-01-11T15:22:03Z")
I am personally opposed to the death penalty in all cases, even for Saddam. As an opponent let me say this. There are NO conclusively proven cases in the USA. Not post 1960, anyway. There have been a few that were guilty of a lesser crime, who should not have been executed but were fitted up for capital charges. Most famously, [Caryl Chessman](http://en.wikipedia.org/wiki/Caryl_Chessman) was executed for kidnapping. The specific charge for which he was convicted was artificial. No actual kidnapping took place. So he was innocent of the _specific_ charge for which he was executed, but not actually innocent per se. There have been a few close calls. People who were innocent, and saved through the work of groups such as [The innocence project](http://en.wikipedia.org/wiki/The_Innocence_Project). It should be noted that these groups concentrate on the living. They are overworked with cases as it is, and don’t have time to re-examine any cases where the execution has already happened. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [January 11, 2007, 3:36pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/4 "2007-01-11T15:36:24Z")
I believe it was \*\*Bricker \*\*\* who pointed out that there never has been, and probably never will be, because after execution, there is no legal framework to officially prove 100%, beyond a shadow of a doubt that the executed was in fact innocent. There may be evidence that would cause the reasonable man to conclude the execution was wrongly imposed, but there is simply no legal mechanism to overturn a conviction once the accused has been executed. \*If it wasn’t **Bricker** , I mean no harm by attributing this to him. ---
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [January 11, 2007, 4:14pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/5 "2007-01-11T16:14:39Z")
Yep, after the execution, why would anyone go to the trouble of proving someone innocent? THere are guys on death row that need help after all. ---
**Author:** ![Jodi](https://avatars.discourse-cdn.com/v4/letter/j/7feea3/32.png) [@Jodi](https://boards.straightdope.com/u/Jodi)\ **Post date:** [January 11, 2007, 4:24pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/6 "2007-01-11T16:24:16Z")
Totally off topic, but I just have to post how funny this struck me: “No need to go back too far; just 47 years.” Back on-topic: As others have said, there is no legal mechanism to find someone innocent (or guilty for that matter) once they’re dead. So if you are looking for cases in which the evidence strongly indicates an innocent man died, there are unfortunately many, but if you are looking for a legal “finding” of innocence post-mortem, I don’t believe there are any. ---
**Author:** ![drhess](https://avatars.discourse-cdn.com/v4/letter/d/94ad74/32.png) [@drhess](https://boards.straightdope.com/u/drhess)\ **Post date:** [January 11, 2007, 5:08pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/7 "2007-01-11T17:08:35Z")
Several people have mentioned there not being a reason or procedure for finding somebody innocent after execution, I’m wondering if that is really true–both in the since of proving a fact and judgement. If I’m executed for killing somebody and then there’s proof later that somebody else did it and they are convicted in court, wouldn’t that be proof? Seems like this could have happened. If so, would I then in ab sentia 🙂 be found innocent? Seems like my family, if they could be so bothered to care, might have an interest in the court officially stating I’m not a murderer. Might it not have some bizarre implications for my estate even? (Grasping here, granted, but seems like it could happen.) ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [January 11, 2007, 5:42pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/8 "2007-01-11T17:42:46Z")
[QUOTE=drhess] If I’m executed for killing somebody and then there’s proof later that somebody else did it and they are convicted in court, wouldn’t that be proof? [/QUOTE] No, because two people can be found guilty for the same murder. Even if the circumstances are different, there is still no legal mechanism to overturn the first conviction. ---
**Author:** ![Jodi](https://avatars.discourse-cdn.com/v4/letter/j/7feea3/32.png) [@Jodi](https://boards.straightdope.com/u/Jodi)\ **Post date:** [January 11, 2007, 5:44pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/9 "2007-01-11T17:44:57Z")
[QUOTE=drhess] Several people have mentioned there not being a reason or procedure for finding somebody innocent after execution, I’m wondering if that is really true–both in the since of proving a fact and judgement. If I’m executed for killing somebody and then there’s proof later that somebody else did it and they are convicted in court, wouldn’t that be proof? [/quote] Proof in what sense? There are already cases in which circumstances make it pretty clear an innocent man was executed for a crime he didn’t commit. But the OP is asking for cases in which a person was executed and then “found innocent.” Even if someone else was convicted of the same crime for which you were executed, that would only be a finding that he or she is guilty – not that you are innocent. Is that the obvious implication? Sure. But there will never be a “finding” to that effect. > [@](#): > > Seems like my family, if they could be so bothered to care, might have an interest in the court officially stating I’m not a murderer. Might it not have some bizarre implications for my estate even? (Grasping here, granted, but seems like it could happen.) Actually, it might. If you were in a state where, for example, you were prohibited by law from writing a book that profited from your crime, and you were later determined to be innocent, your family might have an interest in having you judicially declared innocent so they could have the proceeds from your book. I’m not aware of any such case, however. I can’t even think of a mechanism by which you’d bring the issue to the court’s attention. ---
**Author:** ![Tomcat](https://avatars.discourse-cdn.com/v4/letter/t/8e8cbc/32.png) [@Tomcat](https://boards.straightdope.com/u/Tomcat)\ **Post date:** [January 11, 2007, 8:12pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/10 "2007-01-11T20:12:44Z")
Sorry, I’ll take “Beyond a reasonable doubt” of innocence too. I know 1960 was half-a-century ago…I also know that pre-60’s justice and post-60’s justice have some glaring discrepencies. Thanks for the links and info so far. -Tcat ---
**Author:** ![Santo\_Rugger](https://avatars.discourse-cdn.com/v4/letter/s/e95f7d/32.png) [@Santo\_Rugger](https://boards.straightdope.com/u/Santo_Rugger)\ **Post date:** [January 11, 2007, 8:50pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/11 "2007-01-11T20:50:04Z")
[QUOTE=Jodi] Actually, it might. If you were in a state where, for example, you were prohibited by law from **writing a book that profited from your crime** , and you were later determined to be innocent, your family might have an interest in having you judicially declared innocent so they could have the proceeds from your book. I’m not aware of any such case, however. I can’t even think of a mechanism by which you’d bring the issue to the court’s attention. [/QUOTE] But, commiting said crime, being found not guilty, and then writing a book about how you _would_ have done it is perfectly acceptable. :smack: ---
**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\ **Post date:** [January 11, 2007, 9:31pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/12 "2007-01-11T21:31:37Z")
[QUOTE=Jodi] There are already cases in which circumstances make it pretty clear an innocent man was executed for a crime he didn’t commit. [/QUOTE] cite? in USA post 1960? As I said, I’m opposed to the death penalty, but I’ve not seen any ‘pretty clear’ evidence of that happening. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [January 11, 2007, 9:49pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/13 "2007-01-11T21:49:34Z")
[QUOTE=Peter Morris] cite? in USA post 1960? As I said, I’m opposed to the death penalty, but I’ve not seen any ‘pretty clear’ evidence of that happening. [/QUOTE] [Here are seven cases](http://www.deathpenaltyinfo.org/article.php?scid=6&did=111#executed) of executions between 1993 and 2004 where evidence or testimony indicates the executed was probably innocent. The weight of the evidence for innocence varies, but some are very convincing: > [@](#): > > \*\*David Spence Texas Conviction 1984 Executed 1997 \*\* > > Spence was charged with murdering three teenagers in 1982. He was allegedly hired by a convenience store owner to kill another girl, and killed these victims by mistake. The convenience store owner, Muneer Deeb, was originally convicted and sentenced to death, but then was acquitted at a re-trial. The police lieutenant who supervised the investigation of Spence, Marvin Horton, later concluded: “I do not think David Spence committed this crime.” Ramon Salinas, the homicide detective who actually conducted the investigation, said: “My opinion is that David Spence was innocent. Nothing from the investigation ever led us to any evidence that he was involved.” No physical evidence connected Spence to the crime. The case against Spence was pursued by a zealous narcotics cop who relied on testimony of prison inmates who were granted favors in return for testimony. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [January 11, 2007, 10:07pm UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/14 "2007-01-11T22:07:01Z")
There are no 100% rock solid cases, but there are a few possibles, and one I know of down here that’s even probable: the Cantu case that heads **Fear Itself’s** link. The Houston Chronicle dropped a bombshell in 2005 with a series of stories on Ruben Cantu, executed in 1993. He was convicted on the testimony of the lone eyewitness, Juan Moreno, who has since recanted and said he was pressured by police into misidentifying Cantu as the killer. > [@](#): > > Cantu’s long-silent co-defendant, David Garza, just 15 when the two boys allegedly committed a murder-robbery together, has signed a sworn affidavit saying he allowed his friend to be falsely accused, though Cantu wasn’t with him the night of the killing. > > And the lone eyewitness, the man who survived the shooting, has recanted. He told the Chronicle he’s sure that the person who shot him was not Cantu, but he felt pressured by police to identify the boy as the killer. Juan Moreno, an illegal immigrant at the time of the shooting, said his damning in-court identification was based on his fear of authorities and police interest in Cantu. > > Cantu “was innocent. It was a case of an innocent person being killed,” Moreno said. > > These men, whose lives are united by nothing more than a single act of violence on Nov. 8, 1984, both claim that Texas executed the wrong man. Both believe they could have saved Cantu if they had had the courage to tell the truth before he died at 26. [Did Texas execute an innocent man?](http://www.chron.com/disp/story.mpl/front/3472872.html) It almost happened to [Anthony Porter](http://www.law.northwestern.edu/depts/clinic/wrongful/exonerations/porter.htm) in Illinois. Porter was hours away from the death chamber when the real killer was found - by undergrad journalism students. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 12, 2007, 2:59am UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/15 "2007-01-12T02:59:29Z")
None. Some dudes families _have_ chased “innocent” after the execution but so far none. That Doctor executed for killing his wife? The case that I think shows “innocent man executed” most is the Texas father executed for killing his family during a home fire. Scientists and arson experts have now shown the science was bad, the fire simply was not started at the States “expert” testified. Here we have a normal everyday dude- no real criminal record- executed only as the “expert” claimed the fire was arson, but science now says otherwise. If it wasn’t arson, there was no murder, thus they executed an innocent man. And, it wasn’t arson. In other cases, we have\* bad\* dudes, \*criminal _dudes, in whose cases the evidence for guilt for that murder was weak. That’s different from the State executing an_ innocent \*man, it’s just a man who was possibly guilty but in hindsight, the States case wasn’t really watertight. Most appear to be in Texas where they seem too damn eager to execute dudes. We also sometimes have remorse in the case of a witness, who after decades comes forth and sez his testimony really wasn’t good. Cantu was one of those cases. But I don’t. There was other evidence other that the witnesses, and after 30 years memories are pretty damn unrelaible. Maybe in 1984 the witness was 100% sure, but now after 30 years his memory is playing tricks on him. However, I certainly agree there was no real need to execute Cantu, Life w/o Parole would have been fine in his case. Texas again. :rolleyes: \*\* Fear Itself\*\*- that cite is pretty biased. And only one paragraph each? :dubious: ---
**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\ **Post date:** [January 12, 2007, 3:58am UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/16 "2007-01-12T03:58:17Z")
[http://archive.salon.com/news/feature/2000/10/20/exonerated/index1.html](http://archive.salon.com/news/feature/2000/10/20/exonerated/index1.html) This is when I found out who Bush really was. He said Texas has never executed an innicent man. It was a matter of fact statement when Illinois had quit executing because they had discovered how many had been killed wrongly. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [January 12, 2007, 4:01am UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/17 "2007-01-12T04:01:20Z")
[QUOTE=DrDeth] Fear Itself\*\*- that cite is pretty biased. [/QUOTE] But factually correct. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 12, 2007, 6:08am UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/18 "2007-01-12T06:08:48Z")
[QUOTE=Fear Itself] But factually correct. [/QUOTE] Anything as complex as this issue can not be factually correct with only one paragraph per case. In cases like those, it’d take many pages to go over the various truths. ---
**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\ **Post date:** [January 12, 2007, 6:24am UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/19 "2007-01-12T06:24:38Z")
Well, I don’t know if you can be found 100% innocent, but I’m fairly sure that if you get executed for murder and your victim shows up alive afterwards that this person would be a living, breathing, walking 99% proof that you were innocent. ---
**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\ **Post date:** [January 12, 2007, 6:28am UTC](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539/20 "2007-01-12T06:28:21Z")
[QUOTE=groman] Well, I don’t know if you can be found 100% innocent, but I’m fairly sure that if you get executed for murder and your victim shows up alive afterwards that this person would be a living, breathing, walking 99% proof that you were innocent. [/QUOTE] and of course I meant to ask: Has this ever happened? [Next page](https://boards.straightdope.com/t/proven-cases-of-innocent-people-wrongly-convicted-and-executed-in-usa/387539.md?page=2)