Texas man exonerated after spending nearly 34 years in prison - Los Angeles Times
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Texas man is exonerated after spending nearly 34 years in prison for wrongful conviction

A man stands in profile as an American flag hangs in the background.
Benjamin Spencer, who spent 34 years in prison after being wrongfully convicted, has been exonerated in Dallas.
(Azul Sordo / Dallas Morning News via AP)
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A wrongfully convicted Texas man who spent 34 years in prison for a killing in the 1980s was exonerated Thursday, saying that while he couldn’t get those years back, he was happy and moving forward.

“I’m just excited that this day has finally come,†said Benjamin Spencer, 59.

A Dallas County judge granted a motion by the district attorney’s office to dismiss charges against Spencer, who was initially convicted in 1987 of murder in the carjacking and death of Jeffrey Young.

“It is a good day,†said defense attorney Cheryl Wattley, who said she has worked on Spencer’s case for more than 20 years. “I’m trying hard not to cry.â€

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Wattley praised Dallas County Criminal Dist. Atty. John Creuzot for taking a serious look at the evidence that was discredited in the case.

“It took the district attorney and his commitment to justice to make this happen, after four previous district attorneys failed to take action,†Wattley said.

“This day has been a long time coming. I am relieved and humbled to help correct this injustice,†Creuzot said.

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“Benjamin Spencer is actually innocent. There exists no credible or physical evidence that he was in any way involved in this crime,†said assistant Dist. Atty. Cynthia Garza, who leads the office’s Conviction Integrity Unit.

Prosecution witnesses, including a jailhouse informant seeking leniency, gave false testimony, Creuzot said.

He added that prosecutors at the time also failed to provide the defense with evidence that would have excluded Spencer from the crime, including fingerprints.

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Spencer, who has maintained his innocence, saw his 1987 conviction later overturned. He was then tried again and convicted and sentenced to life in prison for aggravated robbery of Young.

Spencer was released on bond in 2021 after the district attorney’s office found his constitutional rights were violated and he did not receive a fair trial because of the false witness testimony and withholding of evidence.

The Texas Court of Criminal Appeals overturned his conviction this year, sending the case back to Dallas County.

Spencer is one of the 60 longest-serving inmates to be declared innocent of the crime, according to data kept by the National Registry of Exonerations.

Under Texas law, Spencer is eligible for a lump sum payment of up to $80,000 per year for each year he was incarcerated and an annuity, Wattley said.

Wattley said Spencer is trying to live his life honorably and “trying to be an example that others can be inspired by.â€

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Miller writes for the Associated Press.

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