Johnny Briscoe
Encyclopedia
Johnny Briscoe is an American man falsely convicted of rape
and other crimes and subsequently exonerated by DNA evidence.
, robbed the woman of her jewelry at knifepoint, and then raped her. Smith remained with the woman, in a lit room, for an hour after the rape, while he smoked a cigarette
and she smoked two. He told her that his name was Johnny Briscoe. After the rapist left the scene the victim called police. While police were still on the scene, Smith called the victim's apartment repeatedly, again identifying himself as Johnny Briscoe. These calls were traced back to a payphone
near Briscoe
's apartment. The woman identified Briscoe in both a photo and in a live police lineup
in which Briscoe was the only person in an orange jumpsuit.
defeated the Milwaukee Brewers
). In the court room, Briscoe responded to a question and said that the Brewers won the World Series, making the alibi incredible. The jury took less than 2 hours to convict Briscoe of all the charges: rape, sodomy, burglary, robbery, stealing and armed criminal action. He was sentenced to 45 years in prison.
Briscoe requested that evidence from the crime scene be tested for DNA but the St. Louis District Attorney
refused. In 1997 Briscoe's motion to compel the District Attorney to search for DNA evidence was rejected.
In 2000, Centurion Ministries
took the case, and, that year and again in 2001, requested that the St. Louis Crime Laboratory search for DNA evidence. The Lab responded that the evidence collected could not be found and was probably destroyed.
In 2004, however, the cigarettes from the crime scene were found in an inventory, but the district attorney was not informed until July 6, 2006. Testing proved that Larry Smith was the criminal, not Briscoe, and Briscoe was freed on July 19.
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
and other crimes and subsequently exonerated by DNA evidence.
Crime
On October 21, 1982, in the early morning, Larry Smith, an acquaintance of Briscoe, broke into a woman's apartment in suburban St. Louis, MissouriSt. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...
, robbed the woman of her jewelry at knifepoint, and then raped her. Smith remained with the woman, in a lit room, for an hour after the rape, while he smoked a cigarette
Cigarette
A cigarette is a small roll of finely cut tobacco leaves wrapped in a cylinder of thin paper for smoking. The cigarette is ignited at one end and allowed to smoulder; its smoke is inhaled from the other end, which is held in or to the mouth and in some cases a cigarette holder may be used as well...
and she smoked two. He told her that his name was Johnny Briscoe. After the rapist left the scene the victim called police. While police were still on the scene, Smith called the victim's apartment repeatedly, again identifying himself as Johnny Briscoe. These calls were traced back to a payphone
Payphone
A payphone or pay phone is a public telephone, often located in a phone booth or a privacy hood, with pre-payment by inserting money , a credit or debit card, or a telephone card....
near Briscoe
Briscoe
The Briscoe was an American automobile manufactured at Jackson, Michigan by a group headed by Benjamin Briscoe.A few months after his departure from the United States Motor Company in 1913, Benjamin Briscoe established a manufacturing plant at Billancourt, France to design and manufacture the first...
's apartment. The woman identified Briscoe in both a photo and in a live police lineup
Police lineup
A police lineup or identity parade is a process by which a crime victim or witness's putative identification of a suspect is confirmed to a level that can count as evidence at trial....
in which Briscoe was the only person in an orange jumpsuit.
Conviction
At the trial, a forensic hair examiner declared that a piece of hair found on the victim's bed was similar to Briscoe's hair. Briscoe's attorney used an alibi defence, stating that Briscoe was at his apartment, watching Game 7 of the 1982 World Series (in which the St. Louis CardinalsSt. Louis Cardinals
The St. Louis Cardinals are a professional baseball team based in St. Louis, Missouri. They are members of the Central Division in the National League of Major League Baseball. The Cardinals have won eleven World Series championships, the most of any National League team, and second overall only to...
defeated the Milwaukee Brewers
Milwaukee Brewers
The Milwaukee Brewers are a professional baseball team based in Milwaukee, Wisconsin, currently playing in the Central Division of Major League Baseball's National League...
). In the court room, Briscoe responded to a question and said that the Brewers won the World Series, making the alibi incredible. The jury took less than 2 hours to convict Briscoe of all the charges: rape, sodomy, burglary, robbery, stealing and armed criminal action. He was sentenced to 45 years in prison.
Imprisonment and exoneration
Briscoe spent five months in a cell adjacent to Larry Smith whom he confronted and accused of framing him. Smith denied the allegation. Briscoe's wife divorced him 10 years into the sentence.Briscoe requested that evidence from the crime scene be tested for DNA but the St. Louis District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
refused. In 1997 Briscoe's motion to compel the District Attorney to search for DNA evidence was rejected.
In 2000, Centurion Ministries
Centurion Ministries
Centurion Ministries, Inc is a secular, non-profit organization located in Princeton, New Jersey whose primary mission is to free and vindicate from prison those who are completely innocent of the crimes for which they have been wrongly convicted and imprisoned for life or death.- History...
took the case, and, that year and again in 2001, requested that the St. Louis Crime Laboratory search for DNA evidence. The Lab responded that the evidence collected could not be found and was probably destroyed.
In 2004, however, the cigarettes from the crime scene were found in an inventory, but the district attorney was not informed until July 6, 2006. Testing proved that Larry Smith was the criminal, not Briscoe, and Briscoe was freed on July 19.