Two recent arti­cles in the Dallas Morning News detail the lives of those affect­ed by the wrong­ful impris­on­ment of Christopher Ochoa and Richard Danziger in Texas. For some, their faith in the crim­i­nal jus­tice sys­tem has been shat­tered. Twelve years after being sen­tenced to life in prison for a 1988 rape and mur­der, Ochoa and Danziger were exon­er­at­ed by DNA evi­dence. At the time of his arrest, Ochoa, after 15 hours of inter­ro­ga­tion, gave a false con­fes­sion to the police, who fed him facts and edit­ed his final typed con­fes­sion to match details of the crime. In order to avoid the death penal­ty, Ochoa also told police that his friend Danziger was the one respon­si­ble for the mur­der.

Another per­son, who was already in prison for oth­er crimes, lat­er con­fessed to the rape and mur­der in 1996 after a reli­gious con­ver­sion. He wrote to the Austin Police Department and the Austin American-Statesman say­ing that Ochoa and Danziger did not belong in prison.

In 1999, the Innocence Project at the University of Wisconsin test­ed DNA evi­dence in the case and found that the DNA tests impli­cat­ed the new defen­dant and not Ochoa or Danziger. John Pray, co-direc­tor of the Innocence Project in Wisconsin, not­ed that false con­fes­sions are a lead­ing cause of wrong­ful con­vic­tions.”

In the end, jus­tice did pre­vail,” Pray said, You look at both those [men] and you don’t know what to make of it. … One is very exhil­a­rat­ing, and the oth­er is just down­right depress­ing.”

Ochoa, 41, used the mon­ey from his civ­il set­tle­ment to pay for law school and an office in Wisconsin. Danziger, how­ev­er, was severe­ly beat­en in prison and now suf­fers brain dam­age. He lives in Florida, under his sister’s guardian­ship. His set­tle­ments pay for his med­ical care.

Jeanette Popp, the victim’s moth­er, was shocked when she heard that the wrong peo­ple had been con­vict­ed. My legs just gave way,” Ms. Popp says. I can’t do this again,” she remem­bers sob­bing. Please, God, don’t make me do this again.” Chris’ [Ochoa’s] moth­er and Richard’s [Danziger’s] moth­er lost their child for 12 years, as sure­ly as I lost Nancy,” she thought. She wrote to both men, telling them how sor­ry she was.

Ms. Popp asked the pros­e­cu­tor not to seek the death penal­ty against the new defen­dant because she did not want her daugh­ter’s mem­o­ry stained with some­one’s blood. She is now an oppo­nent of the death penal­ty, and told the Morning News, I don’t think we have learned any­thing.”
(“Two men’s DNA exon­er­a­tions in 88 Austin mur­der reveal tri­umph, tragedy” and Mother of 88 mur­der vic­tim says her faith in jus­tice sys­tem shat­tered after exon­er­a­tions,” by Dianne Jennings, The Dallas Morning News, February 24, 2008). See New Voices and Innocence.

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