Chapter Six: What Does Rape Have To Do with Murder? 

Gov. Bush issued a 30 day reprieve to convicted rapist and murderer Ricky McGinn so that DNA evidence could be analyzed to assure authorities of his guilt prior to his execution.  In doing so, the Governor stated that anyone whose guilt or innocence could be determined by DNA testing should have access to such testing.  This statement seemed odd since he had already denied and would again deny DNA testing to other inmates.  In order to establish that Texas law enforcement officials and prosecutors often arrest and convict innocent individuals, Chapter Six discusses several rape cases in Texas which were overturned on the basis of DNA evidence.  In doing so the chapter argues that a proportionate number of murder cases would have been overturned on the basis of DNA evidence, had there been any.  But there was none, implying that many innocent men may sit on death row, or may have already been executed, solely because exculpatory DNA evidence was lacking in their cases. 

Christopher Ochoa and Richard Danzinger were convicted of a rape/murder they did not commit on the basis of an anonymous tip and confessions extracted from them after extended interrogations without the presence of a lawyer.  The true murderer later confessed to the crime, after a religious conversion, and sent a letter to Gov. Bush detailing the case and providing new evidence.  The letter was ignored.  Mr. Ochoa was freed several years later through outside intervention; DNA evidence established him to be innocent.  Mr. Danzinger could not be immediately released since he had suffered a debilitating head injury resulting from an assault while in prison.  Authorities sought an institution to place him in.

Ben Salazar, Carlos Lavernia, Anthony Robinson, and A. B. Butler were all convicted of rape based on trumped up charges, false victim identification, suppressed evidence, and dubious police work.  Each was freed on the basis of DNA analysis, although such analysis was generally denied by the state for many years. 

Roy Criner was convicted of a rape/murder he did not commit, on the basis of manufactured evidence of guilt and suppressed evidence of innocence.  When DNA tests determined that semen from the crime was not his, the state of Texas simply argued that the victim was sexually promiscuous and had engaged in sexual intercourse with someone else before Mr. Criner allegedly raped her.  This became known as the “unindicted co-ejaculator” theory.  Eventually, media attention drew too much attention to the case and Mr. Criner was freed. 

Kevin Byrd was convicted of a rape he did not commit based on false identification by the victim.  All material evidence from the crime pointed to his innocence.  When DNA established that he was not the rapist, and all authorities involved asked for his pardon, Gov. Bush denied that pardon, demanding that Mr. Byrd be exonerated by the courts first.  Eventually, Mr. Byrd received his freedom.  In response to these wrongful convictions, the state of Texas began destroying rape kits (the evidence from rape cases) the very week that Mr. Byrd was pardoned.