I wonder if anyone is relieved that they didn't fry him...
Delay of DNA tests helped man linked to robbery, rape go free09:24 AM CDT on Friday, June 27, 2008
By JENNIFER EMILY and STEVE McGONIGLE / The Dallas Morning News
jemily@dallasnews.com
smcgonigle@dallasnews.com
DNA testing could have freed Patrick Leondos Waller seven years ago from a life sentence for armed robbery and kept the real criminal in prison.
But because former Dallas County District Attorney Bill Hill objected, Mr. Waller's efforts to obtain genetic testing were delayed until last fall.
That was long enough for the man science has now identified as the perpetrator to elude justice for the crime that also included a rape and kidnapping.
DNA tests have now cleared Mr. Waller. The district attorney's office said two men who recently confessed to the 1992 crime cannot be prosecuted because the statute of limitations has expired. One of the men, whom DNA evidence definitively links to the crime, was paroled in February after serving 15 years for burglary.
Had Mr. Hill granted testing earlier, the man's parole may have been denied and he could have served the remainder of his 45-year sentence, a top prosecutor and Mr. Waller's attorney said Thursday.
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Mr. Waller remains in prison and his attorney, Gary Udashen, said Thursday that he had not spoken with him yet. A judge could release Mr. Waller at a hearing scheduled for next week.Mr. Waller was 22 and on probation for cocaine possession when he was arrested in March 1992 after a married couple in their 20s was abducted at gunpoint by two men in the West End.
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Mr. Udashen said Mr. Hill's office paved the way for Mr. Bell to go free.
"Had they done a DNA test back in 2001 or 2005, they would have matched it up to Bell, and Bell would have never been paroled," Mr. Udashen said.
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