Justice Delayed: After Three Decades, An Apology The Justice Department on Tuesday apologized to Kirk Odom for the "terrible injustice" of more than two decades spent in prison for rape and robbery. "There is clear and convincing evidence that Mr. Odom is innocent," the government now says, based on DNA tests and hair analysis.
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Justice Delayed: After Three Decades, An Apology

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Justice Delayed: After Three Decades, An Apology


Justice Delayed: After Three Decades, An Apology

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This is ALL THINGS CONSIDERED from NPR News. I'm Melissa Block.


And I'm Robert Siegel.

About 300 people in the United States have been exonerated after their convictions because of DNA analysis. Kirk Odom is now one of them. Nearly 31 years after he was convicted of rape and armed robbery, Odom has all but won his fight to be declared innocent. Odom spent more than two decades in prison and was forced to register as a sex offender. But today, the Justice Department agreed to throw out his convictions.

NPR's Carrie Johnson reports that new DNA tests and hair analysis ruled Odom out in the 1981 crime.

CARRIE JOHNSON, BYLINE: Earlier this week, I met Kirk Odom outside the D.C. courthouse where his story began. The building is named after the judge who sentenced him to spend more than 20 years behind bars.

KIRK ODOM: Well, I wouldn't want to go in there...


ODOM: No, not in the wrong door, no way.

JOHNSON: Odom says when he drives, he avoids stopping anywhere near the building named after Judge Carl Moultrie.

ODOM: It's just where - where it all happened at, you know.

JOHNSON: In the spring of 1981, D.C. police accused Odom, then only 18 years old, of breaking into a woman's house, raping her and stealing hundreds of dollars in traveler's checks. Odom said he was home at the time, with his mom.

ODOM: But they didn't believe it. Why? She's my mom. You know, moms protect their children. And, you know, so they just disregarded that.

JOHNSON: At the trial, the victim identified Odom, and prosecutors said they had matched him to hair taken from the crime scene. A jury convicted him after only a few hours of deliberation. I asked him to go back in time.

ODOM: Oh, justice at the time was just blind. You know, I mean they were just - they just wasn't - I guess you could say, up to date.

JOHNSON: That changed a couple of years ago, when another D.C. inmate was exonerated, in part based on faulty hair analysis. Odom's public defender remembered Odom had always maintained his innocence, writing letters like this one...

ODOM: (Reading) I want to know why I have to do time for something I didn't know about. That lady don't know me and I don't know her.

SANDRA LEVICK: They are the written cries of someone who has...

JOHNSON: Lawyer Sandra Levick took up Odom's case.

LEVICK: ...at 18 been arrested for a brutal crime that he had nothing to do with. And at 19, saw himself not only convicted but sentenced to 20 to 66 years in prison.

JOHNSON: Odom bounced around the system. It takes him more than half a minute to list all the places he's been incarcerated. He eventually got out on parole, found a job fixing heating, air conditioning, plumbing systems. And he found a wife, Harriet.

HARRIET ODOM: He's got a good heart. He's a hard working man. He's very loving.

JOHNSON: Then Kirk Odom caught another break. At his lawyer's request, the government dug up stained bed sheets, a robe and that hair from the crime scene. They'd never been tested with state-of-the-art science. When those results came back, they cleared him. That left the victim identification. But his lawyer, Sandra Levick, pointed out some problems.

LEVICK: Before dawn, she had the briefest opportunity to view her assailant. The circumstances were terrifying. A gun was held to her head. The victim and her assailant were of different races.

JOHNSON: Experts like Jennifer Dysart, who teaches at the John Jay College of Criminal Justice, call bad witness identification...

JENNIFER DYSART: The leading contributing factor to wrongful conviction in this country.

JOHNSON: Dysart says all over the country, police have made big changes to the way they conduct lineups, to avoid subtle pressure on victims and witnesses. Not so much in D.C. where bills to reform those practices have been opposed by prosecutors and police.

Kirk Odom, who turns 50 later this week, says he just wants some peace.

ODOM: Life now, it's still a few clouds, dark clouds. But pretty soon the sun will shine through.

JOHNSON: Today is a sunny day.

Carrie Johnson, NPR News, Washington.

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