Dwayne Dail spent 18 years in prison for a crime he didn't commit. This year DNA evidence proved that another man committed the crime. Now, reunited with his family, Dail looks to move forward. Share your thoughts on his story. See the multimedia report here.
Consider the total number of arrests per year and persons sent to prison... then consider those offenders who are wrongfully released (escapees and guilty persons that get off on technicalities etc).
http://sbi2.jus.state.nc.us/crp/public/2006/2006.htm
http://webapps6.doc.state.nc.us/apps/offender/escList
My point here is that the N&O seems focused on half the story. Dail is certainly exceptional but there's a lot missing in the "news".
Mr. Uber, I could not agree with you more that my case is an exception to the rule. I am by no means a bleeding heart who believes that all prison fences should be taken down. Thank GOD for prisons! There are innocent people in prison, and that...to me...is unacceptable in our society, as well as, unnecessary. I respectfully must disagree with you that the N&O seem to be focused on only half the story, though. This story is a story of injustice and wrongful incarceration, not of the court system or justice system as a whole. I, too, would love to see the complete story on those subjects. There are many great lawyers, judges, and district attorneys. Many great organizations, such as, the Innocence Projects and The NC Center on Actual Innocence. Unfortunately, One Mike Nifong can make an army of honest and dedicated DA's look bad, just as one rotten lawyer can make all lawyers seem rotten. Corrections need to be made in the way that the courts and the courts of appeals handle cases so that cases such as mine do not happen again...and so that real criminals are put and kept behind bars. Happy Holidays & God bless you! Dwayne A. Dail
Dwayne,
Your story deserves notice and it’s getting attention (to the exclusion of other important cases or information?). For instance, the number of unsolved violent crimes and situations where violent criminals are actually released to society escapes mention at the N&O.
For instance, when was the last time the N&O reminded readers how many 1st and 2nd degree murderers are on probation or parole after serving time in North Carolina prisons? Did you know that there are more murderers on probation or parole in our state than there are on death row? Has the media said anything recently about the 7 murderers who’ve escaped our prison system and have not been seen or captured for years?
I think that we can both agree that the judicial system is slow (and imperfect). We can agree that many cases are delayed longer than is necessary and that these delays have an impact on the perceived accuracy and effectiveness of law enforcement. There are recent cases that prosecutors dropped because evidence and witnesses perished (the years took their toll, evidence deteriorated, witnesses died).
My observations has been that N&O reporters and columnists avoid considering the notion that reward monies are offered in some cases because witnesses might be threatened or suffer real losses when they come forward. At times they seem side with advocates of those accused, if only because prosecutors and families of victims have more to lose if they say anything outside the courtroom. N&O columnists often seem to side with or think like defense lawyers and advocate for persons who are accused.
I’ve reminded N&O staff on occasion (numerous times) that many of the offenders they write about demonstrate consistent and repetitively dangerous behaviors even when they are placed behind bars. Much of this information is available to the public but their policy has been not to include it in their articles or give “prison infraction histories” serious consideration in their columns.
I understand (first hand) what victims of crime go through and can tell you they don’t want innocent persons sent to prison because that means that a guilty person probably doesn’t serve time for their crimes. What I don’t understand is why the N&O chooses to use their forum in a manner that’s more likely to trigger public appraisals of good persons who happen to work for the state or law enforcement. They do more to inflame (or sensationalize) situations than to help sometimes… you have to admit that when they do this it sells more papers.
Personally, I don’t lose sleep at night wondering if there’s going to be another “Dwayne Dail case” tomorrow. Trial courts demand DNA evidence in rape cases like these and the testing can be done during the discovery phase. If a case occurred under identical circumstances today I doubt that charges would even be filed.
This doesn’t diminish the seriousness of what happened in your case one bit. State laws already require that evidence be made available for independent testing. The courts seem to have been slow to listen to (or require testing of) new evidence, evidence that implicated other persons and proved innocence of a person who was wrongfully being incarcerated.
http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-269.html
One day we will meet. I look forward to it. We have much to discuss. Enjoy the holidays.
How many men have we put to death in similar cases involving murder? We don't know, but there's no reason to think that the justice system is any more accurate in death penalty cases than rape cases.
Our justice system doesn't prove that people are guilty. This man was found guilty, but he was clearly innocent based on DNA evidence. Poor people, like this man, who can't afford good legal help, are the most vulnerable false conviction. Economic status is just as important to conviction as actual guilt or innocence. O.J. Anyone?
The death penalty is a cruel, sadistic joke imposed by self-righteous, holier-than-thou moralists on the innocent and guilty alike.
Mr. Dail Is a true champion and a hero. I am confident that society is grateful for the stamina and the fight he exhibits.
Never lose your spirit or that will. I am also confident that Mr. Dail will prevail. Let this matter set an example for our legal community of how precious life really is, and how important are the decesions made that effect lives. My advise to Mr. Dail is to be proud of himself for the differences he has made for all of us in his quest for the truth. "For the truth will set you free." Protect your mind, as your thoughts will make or brake your life. Have faith, because a man without faith is a man without life. Look forward, project and continue to enspire to make change.
May God Bless Mr. Dale, his son Chris and their wonderful family, and may the future bring love and prosperity to them all.
Thank you.
Sincerly,
Anthony Folino
Niagara Falls, NY
folinoauto@att.net
Thank you so much, sir. Your kind words brought tears to my eyes.
Dwayne A. Dail
It's unconscionable that these years were taken from him, but for consolation: we have all lost years, working too long for sociopaths, choosing wrong, lacking choices, tilting at windmills, wasting time. It is the spirit that reclaims the lost time--the bad chance, the misbegotten work, the wrong relationships--the spirit to go on and soar--that compensates for the lost years. We wish him well, and we believe he has the spirit to overcome.
I live in Germany with my husband, a US Army soldier. I have been amazed at Dwayne Dail's lack of bitterness, his zest for life, his enthusiasm, love of family and his faith. He is a special person and deserves any good thing that happens in his life. Best of wishes to him, his son and his family and friends. He has heightened my awareness of how good people can be and how bad things happen to good people. I hope he finds all he is looking for and never loses his joie de vivre. Merry Christmas to the Dails.
I wish that I had the time to thank each and every person who has shown me so much support and given me so much encouragement, because I am truly grateful. Thank you for your well wishes, and I thank you and your family also. I thank your husband for defending our great nation and putting his life on the line to protect our freedom and our ways of life. I thank all of the troops! God bless you all.
Dwayne A. Dail
All of this shows what
All of this shows what happens as a result of a legal system that allows convictions of people for crimes when there is no evidence they are guilty. This lack of a requirement for evidence seems to be mainly in regard to sex crimes. I demand change so that this no longer happens.