fter a Dallas woman was attacked and raped in her home in 1981, Larry Fuller’s picture was included in a photo lineup, even though he had no history of sex crimes. Fuller was a decorated Vietnam veteran raising two young children. The victim failed to conclusively identify Fuller as her attacker, and the investigating officer issued a report recommending that the investigation be suspended because the victim “was unsure of the suspect at this time.” Months later, police showed the victim another photo lineup. Fuller’s photograph was again included in the photo lineup and was the only picture that was included in both lineups. This time the victim identified Fuller as her attacker.
The victim initially stated that she did not remember any facial hair on her attacker. However, the photo of Fuller she identified showed him with a heavy and distinct beard. At trial, the prosecution relied heavily on the eyewitness identification, saying that the victim had “never wavered” in her identification.
Larry Fuller spent almost twenty years in prison as the result of a mistaken identification
and misleading forensic testimony.
The prosecution also relied on misleading forensic testimony to convict Fuller. A serologist testified that Fuller was included within twenty percent of the population that shared blood type characteristics of the attacker. Because the victim’s own blood type was not properly considered, the evidentiary value of that test was greatly overstated. Fuller was convicted of aggravated rape and sentenced to fifty years in prison.
An initial DNA test in 2000 was unable to obtain a profile, but a more advanced DNA test conducted in November of 2004 conclusively excluded Fuller as the attacker. Fuller was released on October 31, 2006 and granted an official pardon by Governor Rick Perry on January 25, 2007.
Because of unreliable eyewitness and forensic evidence, Larry Fuller spent almost twenty years in prison for a crime he did not commit.
