ALL THE MONEY HE'LL GET WON'T MAKE UP FOR THE 34 YEARS HE LOST

Texas inmate is exonerated after spending nearly 34 years in prison for wrongful conviction

A Dallas County judge granted a motion to dismiss charges against Benjamin Spencer, 59, who was initially convicted in 1987 of murder.

 

By Ken Miller

 

Associated Press

Aug 29, 2024

 

Benjamin Spencer

 

A Texas man who spent 34 years in prison after being wrongfully convicted of aggravated assault was exonerated Thursday, according to his attorney.

A Dallas County judge granted a motion by the District Attorney’s office to dismiss charges against Benjamin Spencer, 59, 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.”

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

Wattley also praised Dallas County Criminal District Attorney 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.

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.

“Benjamin Spencer is actually innocent. There exists no credible or physical evidence that he was in any way involved in this crime,” said assistant District Attorney 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.

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 due to the false witness testimony and withholding of evidence.

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

Spencer is one of the top 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.