Man Sues Goldsboro, Police Over Wrongful Conviction

A man who spent half his life in prison for a rape he didn't commit is suing a North Carolina city and its police, alleging negligence that kept him locked up for more than 18 years.

Multiple media organizations reported Friday that Dwayne Dail's federal lawsuit names Goldsboro, three current and former police chiefs, and several officers who worked on the case that led to his false imprisonment.

Dail was convicted in 1987 of raping a 12-year-old girl. DNA evidence cleared him of the crime in 2007. Another man was convicted in April and sentenced to life in prison.

Dail's lawsuit contends attorneys asked in 1995 that evidence in the rape case be DNA tested. Dail's attorney was told the evidence had been destroyed. Instead, it had been stored by Goldsboro police.

(Copyright 2010 by The Associated Press. All Rights Reserved.)


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  • by GPD Location: Goldsboro on Oct 31, 2010 at 10:54 PM
    "Posted by: Neo Location: Reality on Oct 29, 2010 at 09:23 AM Dwayne Dail should get paid! A criminal investigation should be conducted to punish those responsible. " Sue the 11yr old girl that in her heart thought he was the one that climbed through her bedroom window and raped her??? Really??? There was NO DNA testing in 1989!!! He was indicted by a Grand Jury not arrested by GPD!!! If your 11yr old told you that someone raped her, would you like it if the PD did nothing???? It's tragic, but no one I work with wants an innocent man in prison. That's why a lot of hard work went into getting him out...there is a 700 page case file at the Clerk's office worth reading that details the efforts GPD made to exonerate Mr. Dail.....I know I'm biased, but only if you people knew what we deal with everyday. Mr. Dail does deserve more money...but don't villainize the people that ride through your neighborhood at night making sure no one's climbing through your window!!!
  • by MyCase Location: Goldsboro on Oct 31, 2010 at 10:44 PM
    Bottom line, Mr. Dail got railroaded. To say it's GPDs fault is absurd. They had a little girl that stood in court and said "that's him!!!" The PD didn't even secure warrants on Dail, the case was sent to the Grand Jury and the STATE pursued charges. There was no DNA testing...as soon as the Innocence Project called...GPD was in lock-step with the DAs Office in helping to get Mr. Dail released!!! Is the city culpable? Maybe, but I shake my head at anyone who argues that the PD was negligent. Honestly, all the evidence from the original trial was ordered to be destroyed by the court. Had that Detective in 89' not set that nightgown to the side, Mr. Dail would still be in prison. Mr. Dail...I'm still praying that GOD mends your heart. You are a great man and I hope you get things resolved. GOD bless!!!
  • by MyCase Location: Goldsboro on Oct 31, 2010 at 10:36 PM
    To the anonymous poster that said this...Maybe one person you should be suing is the woman that accused you. Did she EVER apologize when he was PROVEN by DNA not to be her attacker?" Do some research before you post...they sat together during the whole trial. He has long since forgiven the poor lady...They are good friends now. Also, in reference to the night gown in which the DNA evidence was extracted from...it was never "lost." The gown was in an evidence room that hadn't yet been cataloged. When GPD overhauled the way evidence is cataloged, the evidence was properly marked and bar-coded to coincide with electronic evidence records. When the Innocent Project called GPD, they were told there was evidence still remaining from the case. TWO days later, the evidence was driven to the SBI lab and analyzed. Upon results, the DA brought Mr. Dail before a Judge and had his conviction arrested. As a result he was released. This is a tragic case...Dail should have gotten more from the STATE!
  • by Goat Rodeo on Oct 29, 2010 at 07:59 PM
    He should be compensated from the time of his arrest, through the legal process and for all time served. How would any rational person in his shoes argue this point? Half his life gone and a belly full of bitterness. Hope he burns them a new one!
  • by Anonymous on Oct 29, 2010 at 07:01 PM
    He deserves compensation, and if he wins a settlement he can afford to get rid of his 1980's hairdew.
  • by Wall Location: NC on Oct 29, 2010 at 06:06 PM
    The justice department (judges, lawyers, police,) are accountable to the public for this state, as reported the evidence was missing because it was not properly stored in the evidence locker. Yes DNA testing was not available until after this man spent time in prison, unfortunately it took extra time to locate the evidence and for this man to be free. What is wrong with our system is that once a person is released from prison that the compensation they receive is not equal to what other states are paying their released prisoners, Approx aver. $50,000 mimimum and upto several millions. For this compensation they must sign a release to never sue the parties involved in his original arrst and conviction. $25,000 is barely above the level of poverty. Will he win his case is yet to be determined, but until he persues this, himself and others to follow will be unjustly treated unfairly again. The release of innocent prisoners and their compensation should be under review and changed.
  • by Anonymous Location: enc on Oct 29, 2010 at 05:32 PM
    I read the article twice because I was trying to find where it said he was suing for millions. Some of you posting comments must have inside information that is not available to the rest of us. As for the law suit, it is his right! If those people willingly withheld evidence that could have cleared Mr. Dail, they surely need to answer for that. Look at the effect their poor decision had on this man's life. As for the victim, eye witnesses are known to be the most unreliable evidence that can be presented at a trial! We all make mistakes. This one just happened to cost a man a large part of his life. Doesn't sound as if the others made a mistake, just an extremely poor decision!
  • by anonymous on Oct 29, 2010 at 04:45 PM
    He did get compensated. He probably let his family spend all of his money. Now he is looking for another pay check. The officer that kept the DNA is dead now but did it out of the goodness of his heart. The PD probably did not know it was hidden in their office. And by the way, they did not have DNA back then. He needs to get a job and get on wiht life.
  • by bbb Location: nc on Oct 29, 2010 at 04:45 PM
    How about the judge,DA, and the cop all go to jail for the same amount of time that he spent in there.It's only thing thats fair.
  • by Anonymous on Oct 29, 2010 at 04:15 PM
    Can you imagine someone STEALING your life this way?! Life is so short and Dwayne deserves to be paid for what they did to him. What a horrible thing for anyone to have to endure.
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