Thomas Doswell

The Crime

At about 6 a.m. on March 13, 1986, a 48-year-old white woman, identified as H.T., arrived at work at the Forbes Health Center in Pittsburgh, Pennsylvania. When she entered the lunchroom, a Black man grabbed her, locked the lunchroom door, and sexually assaulted her.

Ora Jean Bolte, a laundry department worker, tried to enter the lunchroom as the attack was ongoing. She pounded on the locked door for several minutes until the attacker finally unlocked the door, pushed past her, and fled. Ms. Bolte and another co-worker, Chuck Novak, attempted to chase down the man, but gave up after several blocks.

The rape was reported to the Pittsburgh Police Department at approximately 6:15 a.m. H.T. described her assailant as between 5 feet 5 inches and 5 feet 9 inches, with a medium complexion and short hair, wearing a gray shirt, beige jacket, blue jeans, and tennis shoes. She had hit her assailant on the head with a cup with enough force for it to break. 

Fifty minutes later, another woman reported an indecent assault five blocks away from the hospital. The victim described her assailant as a 5-foot-6 Black man with close-cut hair and a beige or light brown jacket. Something could be seen running down the side of his face. 

The Investigation

Detectives Herman Wolf and Ellen Blacksmith from the Pittsburgh police sex assault squad were assigned to investigate the rape of H.T. 

Detective Wolf recalled that two years earlier, in 1984, 27-year-old Thomas Doswell had been charged with and then acquitted of rape. Mr. Doswell would later assert that, after the acquittal, Detective Wolf had threatened to “get him.” 

Before interviewing H.T., Detective Wolf assembled a photo lineup of eight suspects, including Mr. Doswell. His photo was the only one that contained the letter “R” above the printed date, and in a highly visible font. It was not disclosed to the defense that the letter designation stood for “Rape.” 

At approximately 9:15 a.m., about three hours after the crime had occurred, Detective Wolf interviewed H.T. at Shadyside Hospital. She said that her assailant had “some kind of whisker growth on his face.” Shown the photographic lineup, she identified Mr. Doswell.

Detective Wolf then interviewed Ms. Bolte at Forbes Hospital, where she viewed the photo lineup and also selected Mr. Doswell. Mr. Novack, who had chased the assailant for several blocks, stated that he never saw the man’s face.

That afternoon, Mr. Doswell was arrested at the home of his girlfriend, Sheila Lowry. According to the police report, he had answered the door in his boxer shorts and looked like he had just gotten out of bed. An officer examined Mr. Doswell’s head for any cuts, bruises, bumps, or other marks, and found none.

At the police station, Mr. Doswell initially told Detective Wolf that he had spent the night at his mother’s house in the company of his girlfriend and other family members. He later revised his account, stating that he had been at Ms. Lowry’s house with his son from 9 p.m. the night before. No photograph was taken of Mr. Doswell’s head at the time of his arrest.

Mr. Doswell was charged with rape, involuntary deviate sexual intercourse, terroristic threats, and unlawful restraint.

The Trial

Prior to trial, Mr. Doswell’s attorney, Carl Marcus, filed a motion before Allegheny County Court of Common Pleas Judge David Cercone seeking to suppress the eyewitness identification. He argued that the photo lineup had been suggestive, and that it tainted the subsequent identification at the preliminary hearing.

Judge Cercone denied the motion. He ruled that the photo lineup was not suggestive given that it depicted individuals that shared a similar age, race, hairstyle, and facial features. He did not find the “R” on Mr. Doswell’s photo to be unduly suggestive and thought the number of photos shown was sufficient.

On Nov. 19, 1986, Mr. Doswell went to trial. H.T. and Ms. Bolte identified him as the rapist. Detective Wolf testified that at the time of arrest, Mr. Doswell had a mark on his forehead, was recently shaven, and changed part of his alibi during interrogation. Detective Wolf also said that a neck brace Mr. Doswell was wearing at his preliminary hearing appeared new, although the arresting officer had noted that Mr. Doswell was wearing one at the time, and that he had been seen wearing it prior to his arrest.

On Nov. 24, a jury convicted Mr. Doswell on one count each of rape, involuntary deviate sexual intercourse, terroristic threats, and unlawful restraint. He was sentenced to 13 to 26 years in prison. The conviction and sentence were affirmed on appeal.

The Exoneration

Over the next two decades, Mr. Doswell was denied parole on four occasions because he refused to admit responsibility for the crime.

In 1996, Mr. Doswell wrote to the Innocence Project seeking help. Three years later, he filed his own motion for DNA testing. Judge Cercone denied the motion, saying it was filed three weeks too late.

In December 2004, the Innocence Project and local counsel James DePasquale filed a motion seeking DNA testing. On May 4, 2005, Judge John Zottola ordered DNA testing on the rape kit taken from H.T. Test results later that July excluded Mr. Doswell from the crime.

Mr. Doswell’s convictions were vacated on July 25. His charges were dismissed and he was released on Aug. 1.

While in prison, Mr. Doswell learned to compose music and play seven instruments, favoring gospel and R&B. In 2008, he opened for B.B. King at Heinz Hall in Pittsburgh. He also performed with the rock band Pearl Jam as a guest musician.

In 2010, the City of Pittsburgh agreed to pay $3.8 million to settle a wrongful conviction lawsuit brought by Mr. Doswell against Detective Wolf and the Pittsburgh police department.

Mr. Doswell died of heart failure on Dec. 25, 2015. He was 56 years old.