Innocence Project says man convicted of rape should be freed

BRADENTON, Fla. - Attorneys from the Innocence Project of Florida say a man convicted in 1993 of a kidnapping and rape in Palmetto is innocent, and should be immediately released from prison.  The organization claims that new DNA testing proves someone else raped the victim.

Derrick Williams was sent to jail for a 1992 kidnapping and rape.  The victim identified Williams in court as the man who took off his gray shirt to cover her face during the attack, and left the t-shirt behind. Williams' girlfriend told the jury that he left home that day wearing a gray shirt, and later returned with a red one.

Upon an agreement between the Innocence Project of Florida (IPF) and the State Attorney, the court ordered DNA testing on the t-shirt worn by the assailant. The testing excluded Derrick Williams as the donor of the DNA on the inside of the collar of the assailant’s t-shirt, confirming that someone other than Williams raped the victim.

At Williams’ trial, the State made the assailant’s t-shirt the central piece of physical evidence against him, even though there was an indication even before trial that the shirt may have belonged to someone else.

Before trial, the Florida Department of Law Enforcement determined that a hair found on the t-shirt could not have come from Williams. Williams was convicted when the jury failed to believe that scientific evidence or his unrefuted alibi evidence given by six different witnesses (he was at a family barbeque); instead relying on the inconsistent and contradictory eyewitness identification by the victim.

Seth Miller with the Florida Innocence Project said they hope to bring Derrick home as soon as possible.

"That very t-shirt is what demonstrates Derrick Williams innocence," he said.

“After over 17 years in prison for a crime he didn’t commit, the State should do the right thing and release this innocent man immediately,” said Williams’ attorney, Melissa Montle, staff attorney for the Innocence Project of Florida (IPF).

Williams' niece, Tawanda Means agreed, saying his extended family members miss him greatly.  "I pray that no more time will be taken away from our loved ones," she said. "They don't get a chance to know what its like to give him a hug, they don't know what its like to see him face to face."

Project Innocence announced today in front of the Manatee County courthouse that they have filed a motion to vacate the conviction and the sentencing. Derrick's mother, Inez Williams, sat surrounded by grandchildren that have never met her son. The family says they have been robbed of time.

"Derrick Williams has been victimized, this wonderful family has been victimized -- they've lost a nephew, they've lost a son," said Miller.

While nothing can replace the years gone by, Derrick's family said getting him back is all that matters now.

"It would be nice, and then I could look at all my kids. They might not be there every day, but I can look at them, I know they're there," said Inez Williams.

The Innocence Project of Florida is a 501(c)(3) organization dedicated to finding and freeing innocent people in Florida prisons. IPF represents Derrick Williams for free, including all costs associated with DNA testing and litigation.

According to the IPF, witness misidentification is the leading cause of wrongful convictions, contributing to 75% of the 255 wrongful convictions later overturned by DNA testing nationwide.