Dallas man set to be exonerated in 90 rape after DNA clears him

A 57-year-old man who served 12 years in prison is scheduled to be exonerated Friday after DNA testing proved he did not rape a 16-year-old girl at a Dallas motel in 1990, Dallas County District Attorney Craig Watkins said.

Michael Phillips, who uses a wheelchair because of debilitating sickle cell anemia, would be the first person in the United States exonerated even though he was not actively requesting DNA testing or proclaiming his innocence, according to the DAs office and the National Registry of Exonerations.

I never imagined I would live to see my name cleared, Phillips said in a news release Thursday. Six of my siblings died from the same disease, so I thank God for sustaining me in prison. I always told everyone that I was innocent and now people will finally believe me.

Phillips will become the 34th person exonerated in Dallas County since 2001, when post-conviction DNA testing was approved by the state, athough not all of the countys exonerees were cleared by genetic testing. DNA testing also identified the culprit in this case.

DNA tells the truth, so this was another case of eyewitness misidentification where one individuals life was wrongfully snatched and a violent criminal was allowed to go free, said Watkins, who met with Phillips recently at a Dallas nursing home where Phillips now lives.

We apologize to Michael Phillips for a criminal justice system that failed him.

Phillips, who declined through the DAs office to be interviewed, was released from prison in 2002 after serving a 12-year sentence. After his release, he was also jailed for six months for failing to register as a sex offender.

He had requested DNA testing previously but it was denied under Watkins predecessor, Bill Hill, and Phillips had given up the battle to clear his name.

During the attack in September 1990, the rapist wore a ski mask. The victim, who now lives out of state, partially pulled up the mask and believed she recognized her assailant as Phillips. They lived at the same Dallas motel. She also later identified Phillips in a photo lineup.

Phillips, who faced up to life in prison, pleaded guilty to avoid a longer sentence.

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Dallas man set to be exonerated in 90 rape after DNA clears him