iley Fountain’s picture was included in a photo lineup and shown to the victim of a sexual assault in Dallas. In that lineup, Fountain was the only man wearing a dark baseball cap and a warmup suit, the clothing worn by the attacker as described by the victim. The victim picked Fountain as her attacker and police closed the case the following day. Even though semen was recovered from the victim’s clothing, samples were too small for serological analysis. Based entirely on the eyewitness identification of the victim, Fountain was convicted of aggravated sexual assault and sentenced to forty years in prison.
Wiley Fountain spent sixteen years in prison as a result of a mistaken identification
from a photo lineup.
After spending fifteen years in prison, Fountain was paroled and required to register as a sex offender. Unable to find a job, his sex offender registration fees went unpaid and Fountain’s parole was revoked. He was sent back to prison in 2001.
In 2002, post-conviction DNA testing proved Fountain’s innocence. He was released from prison on September 27, 2002 and was granted an official pardon by Governor Rick Perry on March 18, 2003.
Because of a suggestive photo lineup that led to a mistaken eyewitness identification, Wiley Fountain spent sixteen years in prison for a crime he did not commit.
