Richard Alexander (exonerated convict)
Encyclopedia
Richard Alexander is an Indiana
man wrongfully convicted of rape
and later exonerated by DNA evidence
.
, Indiana
. Police arrested Richard Alexander (then 30 years old) in August 1996 for four of the rapes, largely on the basis of the statements of the victims.
DNA
evidence definitively excluded him as a suspect in one of the rape
s, although both the victim and her fiancé continued to insist that Alexander was the perpetrator. Not all of the investigators were convinced of his guilt, particularly as three similar rapes occurred while Alexander was in police custody. In the case of one of the rapes that took place while he was in custody, Alexander's picture was accidentally placed in a photo-lineup shown to the victim. She selected his photograph as that of her assailant, despite his incarceration at the time of the offense.
Nevertheless, Alexander was prosecuted for the three rapes, with charges totaling two counts of robbery
, two counts of criminal deviate conduct, two counts of attempted rape, confinement, attempted robbery, rape, burglary
and auto theft. His 1997 trial ended in a hung jury
, and he was re-tried for the crimes in 1998. At the second trial, one of the victims, though identifying Alexander as her assailant, asserted that he had a hairless chest without tattoo
s. When it was demonstrated that Alexander had a hairy, heavily tattooed chest, he was acquitted of that rape. Nevertheless, he was convicted of the other two and was sentenced to seventy years in prison.
named Michael Murphy confessed to one of the two rapes of which Alexander had been convicted, knowing details only the true assailant would know. With this revelation, a judge ordered a new round of DNA testing in Alexander's case. Hairs found at the scene of the rape were submitted to mitochondrial DNA testing by U.S. firm Reliagene. At the time of Alexander's original conviction, such testing was not available in the state of Indiana
. The tests proved that the DNA did not match Alexander's profile, but did match Murphy's.
Because of this new development, Indiana prosecutors came to believe that Alexander was in fact not responsible for any of the rapes. In the remaining rape for which he was incarcerated, the evidence against him consisted of the victim's tentative identification of his voice and an eyewitness's visual identification of Alexander. The Indiana prosecutor and Alexander's defense attorney filed a joint motion
to have Alexander's convictions overturned.
The courts granted the motion, and Alexander was exonerated of all charges and released from prison on December 12, 2001. It is now believed that the River Park Rapist was actually two separate perpetrators.
against the city of South Bend
, its police department and 14 of its officers, including Sgt. Cindy Eastman, an officer instrumental in securing Alexander's release. His lawyer, Roseann P. Ivanovich, said she expected to ask for about $55 million in damages ($10 million for every year spent in prison). Among the allegations in the 48-page lawsuit:
The civil rights lawsuit was eventually dismissed by the United States district court
, a decision which Alexander appealed. But on January 3, 2006 the Court of Appeals for the Seventh Circuit
upheld the district court's dismissal of Alexander's lawsuit. The court stated that Alexander had not proven his rights were violated during the trial which yielded his wrongful conviction.
for having beaten a former girlfriend with a lead pipe in 2005. As part of his plea bargain
, a second count of battery was dismissed.
On June 14, 2007, Alexander was sentenced to eight years in prison, with two years suspended.
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
man wrongfully convicted of rape
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 later exonerated by DNA evidence
Genetic fingerprinting
DNA profiling is a technique employed by forensic scientists to assist in the identification of individuals by their respective DNA profiles. DNA profiles are encrypted sets of numbers that reflect a person's DNA makeup, which can also be used as the person's identifier...
.
Arrest and conviction
In 1996 a suspected serial rapist dubbed by local media the "River Park Rapist" preyed on female residents of South BendSouth Bend, Indiana
The city of South Bend is the county seat of St. Joseph County, Indiana, United States, on the St. Joseph River near its southernmost bend, from which it derives its name. As of the 2010 Census, the city had a total of 101,168 residents; its Metropolitan Statistical Area had a population of 316,663...
, Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
. Police arrested Richard Alexander (then 30 years old) in August 1996 for four of the rapes, largely on the basis of the statements of the victims.
DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
evidence definitively excluded him as a suspect in one of the rape
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...
s, although both the victim and her fiancé continued to insist that Alexander was the perpetrator. Not all of the investigators were convinced of his guilt, particularly as three similar rapes occurred while Alexander was in police custody. In the case of one of the rapes that took place while he was in custody, Alexander's picture was accidentally placed in a photo-lineup shown to the victim. She selected his photograph as that of her assailant, despite his incarceration at the time of the offense.
Nevertheless, Alexander was prosecuted for the three rapes, with charges totaling two counts of robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
, two counts of criminal deviate conduct, two counts of attempted rape, confinement, attempted robbery, rape, burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
and auto theft. His 1997 trial ended in a hung jury
Hung jury
A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...
, and he was re-tried for the crimes in 1998. At the second trial, one of the victims, though identifying Alexander as her assailant, asserted that he had a hairless chest without tattoo
Tattoo
A tattoo is made by inserting indelible ink into the dermis layer of the skin to change the pigment. Tattoos on humans are a type of body modification, and tattoos on other animals are most commonly used for identification purposes...
s. When it was demonstrated that Alexander had a hairy, heavily tattooed chest, he was acquitted of that rape. Nevertheless, he was convicted of the other two and was sentenced to seventy years in prison.
Exoneration
In 2001, with Alexander already having served five years in prison, an alleged burglar and child molesterChild sexual abuse
Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities , indecent exposure with intent to gratify their own sexual desires or to...
named Michael Murphy confessed to one of the two rapes of which Alexander had been convicted, knowing details only the true assailant would know. With this revelation, a judge ordered a new round of DNA testing in Alexander's case. Hairs found at the scene of the rape were submitted to mitochondrial DNA testing by U.S. firm Reliagene. At the time of Alexander's original conviction, such testing was not available in the state of Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
. The tests proved that the DNA did not match Alexander's profile, but did match Murphy's.
Because of this new development, Indiana prosecutors came to believe that Alexander was in fact not responsible for any of the rapes. In the remaining rape for which he was incarcerated, the evidence against him consisted of the victim's tentative identification of his voice and an eyewitness's visual identification of Alexander. The Indiana prosecutor and Alexander's defense attorney filed a joint motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
to have Alexander's convictions overturned.
The courts granted the motion, and Alexander was exonerated of all charges and released from prison on December 12, 2001. It is now believed that the River Park Rapist was actually two separate perpetrators.
Lawsuit
On June 4, 2002, Richard Alexander filed a federal suitLawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
against the city of South Bend
South Bend, Indiana
The city of South Bend is the county seat of St. Joseph County, Indiana, United States, on the St. Joseph River near its southernmost bend, from which it derives its name. As of the 2010 Census, the city had a total of 101,168 residents; its Metropolitan Statistical Area had a population of 316,663...
, its police department and 14 of its officers, including Sgt. Cindy Eastman, an officer instrumental in securing Alexander's release. His lawyer, Roseann P. Ivanovich, said she expected to ask for about $55 million in damages ($10 million for every year spent in prison). Among the allegations in the 48-page lawsuit:
- Police showed photos of Alexander to rape victims who said they had not seen enough of their attackers' faces for a positive identification.
- Police coerced or constructed the identifications of Alexander that were used at his trial
- Police destroyed evidence and ignored Alexander's alibiAlibiAlibi is a 1929 American crime film directed by Roland West. The screenplay was written by West and C. Gardner Sullivan, who adapted the 1927 Broadway stage play, Nightstick, written by Elaine Sterne Carrington, J.C...
s
The civil rights lawsuit was eventually dismissed by the United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, a decision which Alexander appealed. But on January 3, 2006 the Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
upheld the district court's dismissal of Alexander's lawsuit. The court stated that Alexander had not proven his rights were violated during the trial which yielded his wrongful conviction.
Subsequent legal troubles
On May 22, 2007, Alexander pled guilty to one count of batteryBattery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
for having beaten a former girlfriend with a lead pipe in 2005. As part of his plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
, a second count of battery was dismissed.
On June 14, 2007, Alexander was sentenced to eight years in prison, with two years suspended.
Trivia
- Alexander's case was made into an episode of the Court TVCourt TVtruTV is an American cable television network owned by Turner Broadcasting, a subsidiary of Time Warner. The network launched as Court TV in 1991, changing to truTV in 2008...
series Forensic FilesForensic FilesForensic Files is an American documentary-style series which reveals how forensic science is used to solve violent crimes, mysterious accidents, and even outbreaks of illness. The show is broadcast on truTV, narrated by Peter Thomas, and produced by Medstar Television, in association with truTV...
. - Alexander's name was invoked by SenatorUnited States SenateThe United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Patrick LeahyPatrick LeahyPatrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
(DDemocratic Party (United States)The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
-VermontVermontVermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
) in a floor statement in support of the Innocence Protection Act.