A man who had served 30 years in jail for rape and burglary in 1987 was freed by an Oklahoma judge on Tuesday after post-conviction DNA testing from a rape kit revealed he had not committed the crime.
Perry Lott’s conviction was overturned, and the case was permanently dismissed by Pontotoc County District Judge Steven Kessinger in a final decision.
In a statement, Lott, 61, said, “I have never lost hope that this day would arrive. “Even after 35 arduous years, I remained confident that the truth would triumph. Now that this door is closed, I can move on with my life.
Following the initial disclosure of the DNA results in 2018, Lott was eventually released from jail, but only after agreeing to a bargain to have his sentence reduced with former District Attorney Paul Smith. Lott was granted permission to leave prison and live in freedom while his motion to vacate was being adjudicated. Smith claimed at the time that Lott was still a suspect despite the DNA proof.
However, earlier this year, the newly elected District Attorney Erik Johnson was approached by the Innocence Project, which had assisted in the release of Lott. After reviewing the case, Johnson decided the conviction should be overturned.
Adnan Sultan, senior staff attorney for the Innocence Project, stated in a statement, “Five years ago, all evidence pointed to his innocence, but he was denied justice.” “We are grateful to District Attorney Erik Johnson for his commitment to righting this wrong.”
According to the Innocence Project, the attack victim allegedly informed an investigator in 2014 that she chose Lott as the attacker simply out of fear that she might choose the incorrect man from the lineup. Eyewitness misidentification, according to the organization, is the main cause of erroneous convictions and was a factor in 64% of the Innocence Project’s 245 exonerations and releases.
According to Barry Scheck, co-founder of the Innocence Project, “Former District Attorney Smith’s opposition to the indisputable proof of Mr. Lott’s innocence was a blatant miscarriage of justice.” “This unwillingness to acknowledge the truth in addition to the systemic factors at play in Mr. Lott’s wrongful conviction cost him 35 precious years — and have plagued other wrongful conviction cases in Ada for decades.”