illy Smith became a suspect for rape and robbery when his building manager requested he step out on the balcony of Dallas County apartment in 1986. The building manager’s girlfriend stated that Smith was the man who had robbed and raped her two hours earlier and they immediately called police.
An extensive search of Smith’s belongings did not reveal any clothing matching the description given by the victim, nor did it turn up any physical evidence tying him to the crime. Despite the lack of evidence, the case proceeded to trial. The prosecution argued that the victim had not had sex with anyone twenty-four hours prior to the rape, and therefore, the presence of semen in the rape kit must prove that a rape occurred. The prosecution then used the eyewitness identification to solidify the case.
Billy James Smith spent nineteen years in prison due to a mistaken eyewitness identification.
Although Smith and his sister both testified that he was home during the time the crime occurred, he was convicted of aggravated sexual assault and sentenced to life in prison. Smith petitioned for post-conviction DNA testing, but the prosecution argued that the semen from the rape kit could belong to her live-in boyfriend and as a result could not be probative. The argument was the exact opposite of the argument made at trial, where prosecutors maintained that the presence of semen meant a rape occurred.
Eventually, Smith was given access to testing that revealed he did not rape the victim. Smith was released in July 2006 and officially exonerated on December 13, 2006.
Because of a mistaken eyewitness identification, Billy James Smith spent nineteen years in prison for a crime he did not commit.
