74-year-old man required to register as a sex offender was wrongly convicted in 1982
Prosecutors withheld evidence that pointed to another suspect in the sexual assaults of two children, according to the Dallas County District Attorney’s Office.
Nearly 40 years after Mallory Vernon Nicholson’s trial, a Dallas County district court judge has agreed with prosecutors and defense lawyers that his convictions for burglary and aggravated sexual abuse of a child should be overturned.
Prosecutors in Nicholson’s 1982 trial failed to disclose reports from detectives and a doctor who evaluated the two victims that identified another suspect, according to court records signed last week by Criminal District Court 7 Judge Chika Anyiam.
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Michael you have something there. Its like the COVID shots they can’t make you prove you had the shots or not when you enter a store with or without a mask. Course when one gets a shot one has to register their name and even some people say that is a gamic. Guess one needs a birth cercitific to prove they were born in America today.
Much of this registry is a bit much and an invasion of justice. Much of this registry protects no one and is a pre & injustice scandle if you ask me.
A Brady Violation or Disclosure, which is what this appears to be, consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence of a defendant and is a very serious charge (Wikipedia).
First, if it is proven, as it appears it has in this case, then the conviction could be overturned, as is being currently considered. TX Appeals Court knows this is the right answer, so overturn it already. (Dare I say race was a part of this case in 1982?)
Second, the DA’s office could be face serious blow back by the TX AG office for this with possible investigations into other cases that particular DA & ADA prosecuted as well as other cases around that time in that DA’s office where other Brady Violations could be had. This sounds similar to a time not long ago where Harris County, TX had a similar issue (2016) with Brady Violations.
Third, the individual DA and ADA, if still practicing today, could probably have their license stripped or suspended, at least, by the TX Bar from them and possibly still be held liable personally for their professional conduct. Absolute Immunity is not so absolute when Section 1983 is violated in the line of duty (https://www.fedagent.com/news-articles/sixth-circuit-absolute-immunity-denied-to-prosecutors-who-directed-an-investigation-and-offered-legal-advice-to-officers-on-the-existence-of-probable-cause).
In today’s environment of accountability, financial justice could happen at the hands of the DA’s office and local govt with a nice payment towards the individual here after a lawsuit, unless capped by state law, but still won’t take away the pain of nearly 40 years of suffering.
I pray this man wins and wins BIG.
I believe those who withheld evidence and caused the man to be wrongly convicted should spend the same time in jail as the time the man spent on the registry. That was a malicious, damaging, dishonest act.