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He pulled Felicia down the street, then pushed her to the ground on the driveway in front of a car. He kissed her breasts for five or so minutes before raping her. Then the man was gone as quickly as he had appeared.
Crying, Felicia ran to her apartment and told her husband what happened. Felicia described her attacker as black, about 5-foot-7, pounds, with short hair, wearing a light-colored jogging suit, black shoes and a dark hat over a stocking cap or plastic bag. Felicia was confident she would recognize him again.
Although it was dark, Felicia claimed she had a good look at her assailant in the light of a streetlamp. That afternoon, Officer T. Pettiet showed Felicia a photo lineup: Fountain went to trial on September 8,in the court of Judge Faith Johnson.
The lead prosecutor was Lana McDaniel, who would go on to become a judge. Defense attorney Mike Rodgers represented Fountain. As per the "closed file" policy of District Attorney Wade, the defense had no prior access to important evidence like police reports, but Rodgers did learn before trial that there were no fingerprints, footprints or other physical evidence that tied Fountain to the rape. During jury selection, the prosecutor asked potential jurors a key question: Could you convict a defendant on the basis of one witness?
Those who said they could not were stricken from the jury. On the stand, McDaniel queried Officer Pettiet about his search for the rapist. Pettiet described driving around the corner to another apartment complex looking for a man wearing a light jogging or warm-up suit and a blue baseball cap over a plastic bag or stocking cap.
Within minutes, he'd found Fountain. Officer Pettiet, what went through your mind when you saw this man standing there on the sidewalk of these apartments on Junction Street? That's got to be the suspect.
One of the other men standing with Fountain on the sidewalk, Ralph Dobbins, told the officer that earlier that morning he'd seen Fountain walking from his mother's house in Pleasant Grove, about five miles away, and had given him a ride.
But Pettiet said Fountain seemed nervous and gave the officer a fake name and birth date. Dobbins allowed Pettiet to search his vehicle, but Pettiet didn't find a knife or anything else that implicated Fountain.
On cross-examination Rodgers asked Pettiet if he had looked for anyone else after he saw Fountain. Is it unusual for black males to wear stocking caps or shower caps or whatever it is you're talking about?
No, they wear it quite often. And of course, jogging outfits or sweat suits aren't anything unusual, are they? Pettiet testified that he didn't bother to obtain a search warrant for Fountain's home. He didn't take pictures of the other men. He didn't ascertain whether Fountain had a driver's license or access to a vehicle. The afternoon after the attack, a detective came to Felicia's apartment to show her photographs of six men and told her she didn't have to pick anyone, but to let him know if her rapist was among them.
Is there any doubt in your mind that this man over here that you identified in court is the same man who raped you on January 15? But under Rodgers' cross-examination, Felicia testified that she never noticed Fountain had a mustache, even though he supposedly kissed her mouth and nuzzled her breasts.
In fact she had told police her assailant had no facial hair. Rodgers also pointed out that Fountain was the only man in the six-photo lineup dressed in a light jogging suit and cap. So it wasn't just because of his face that you picked him out, it was because of his clothes too, right? The lineup was flawed even under standards used intainting Felicia's memory of her attacker. Rodgers got a detective to testify to all the ways Fountain did not match the description of Felicia. He wasn't wearing jeans under his sweat suit, as she had described.
The sweatpants had a black stripe; Felicia had told police the rapist's pants had none. Fountain had no knife; she said he put a knife in his pocket but also described it as a butcher knife. Police didn't test Fountain's pants to see if they had seminal fluid on them.PASSEI EM MEDICINA!
Though Felicia told police she had talked to a woman immediately after the attack, the detective had made no effort to find the potential witness. Because Felicia was pregnant, which created a "hostile environment" for sperm, the results of other blood tests that might have linked Fountain to the assault were negated.
DNA testing was not available. Fountain testified that at the time of the rape, he was home in bed. His cousin Fredrick Williams had woken him up that morning, and Fountain got out of bed about 7: He left the house about 8: As he was walking to the bus stop about a mile from his house, Dobbins offered him a ride.
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They went to a car wash, a convenience store to buy beer and then the apartments on Junction Street to get another friend. Fountain said Pettiet arrived and "asked me my name and told me I looked like somebody he had been looking for. Fountain's mother, Florence Fountain, said her son had been home that evening when she went to bed. His cousin and Dobbins backed up Fountain's alibi, but their credibility was undermined because they both had criminal records.
In the middle of the night?
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Because I don't think the buses run then. How did he get home? Where are the blue jeans? They had an eyewitness, the victim. Fountain was convicted and sentenced to 40 years in prison. He served 16 years before a DNA test unlocked the door to his prison cell in She remembers how shocked she felt on learning about Fountain's exoneration. The victim was very good and very credible and she had no doubt.
Is it possible to make a positive identification when such a salient fact is left out? Myers has never talked to Fountain, but she has apologized to two others exonerated by DNA.
After her election to the bench, Myers presided over their trials. As she pronounced their sentences, the judge had harbored no doubt about their guilt. The conviction of Entre Nax Karage, sent to prison in and exonerated in for the murder of his year-old girlfriend, was based on false testimony by police investigators.
But in the dozen other exoneree cases, juries put their faith in the victims who identified their attackers. Though experts have long understood the fallibility of witness identification, the system still operates much as it did decades ago.
He calls that the single most common denominator in all wrongful convictions. It's awfully hard for a jury when the witness can say, 'That's the man who raped me. His face is ingrained in my memory. Does the victim remember the suspect from memory, from the photo, from the lineup, a pretrial hearing, at trial? Gary Wells, professor of psychology at Iowa University, has studied eyewitness identification for more than 30 years.
But it's also highly unreliable. Even without DNA, we could have predicted about three out of every four [false convictions], maybe a bit higher, would be cases with mistaken identification.