Ronald Cotton

The Crime

On July 29, 1984, at about 3 a.m., an assailant broke into the apartment of 22-year-old Jennifer Thompson-Cannino and sexually assaulted her. She was able to escape and run out the back door to seek help. Later that night, another woman was sexually assaulted in the same neighborhood.

The Investigation

Police searched Ms. Thompson-Cannino’s apartment and found a piece of foam rubber that appeared to come from the insole of the attacker’s shoe. At the scene of the second assault, police found a drop of blood that did not belong to the victim.

Ms. Thompson-Cannino worked with police to create a composite sketch of the attacker. She described him as a tall, light-skinned Black man. Police then showed her mugshots of numerous men, including 22-year-old Ronald Cotton, who had been arrested as a teenager for breaking and entering, as well as attempted second-degree assault.

Afterwards, police created a photographic lineup that included Mr. Cotton. At first glance, Ms. Thompson-Cannino said that “it is between number four and number five.” After viewing the lineup a second time and asking the participants to repeat certain phrases, she identified number five — Mr. Cotton — as her attacker.

The other woman who had been assaulted viewed the same photographic lineup, but was unable to make an identification. She said she did not see her attacker and only remembered that he had a flashlight.

Mr. Cotton was arrested on July 31, 1984. The police searched his house and found a pair of tennis shoes with foam insoles that appeared similar to the piece of foam found in Ms. Thompson-Cannino’s apartment.

On Aug. 1, 1984, Ms. Thompson-Cannino viewed a live lineup. She again identified Mr. Cotton as her attacker. The other woman who had been assaulted also viewed the lineup and again did not make an identification.

Mr. Cotton was charged with first-degree rape, first-degree burglary, and first-degree sexual offense.

The Trial

Mr. Cotton went to trial in Alamance County District Court in January 1985. Ms. Thompson-Cannino testified and identified him as her attacker.

During the cross-examination of Burlington Police Detective Mike Gauldin, Judge Anthony Brannon admitted evidence showing that within a few hours of the attack on Ms. Thompson-Cannino, two similar crimes were committed nearby — one in the same condominium complex, and the other a couple of blocks away. In all three instances, a “light-skinned” Black man wearing a blue shirt with white stripes entered the house’s back door after smashing a porch light. In all three situations, the assailant made a statement to the victim before assaulting her, such as: “Hey baby, how are you doing?”

The defense sought to present evidence that the victim of one of the two similar attacks was shown the same lineup and positively identified subject number four as the perpetrator. The trial court excluded the evidence on grounds that it was not relevant. 

The prosecution also presented evidence of a flashlight found in Mr. Cotton’s home that resembled the one used by the assailant, and rubber from his shoe that was similar to the piece of foam rubber found at Ms. Thompson-Cannino’s apartment.

Mr. Cotton’s relatives testified that he was at home asleep at the time of the crime.

On Jan. 17, 1985, Mr. Cotton was convicted by a jury of one count of rape and one count of burglary. He was sentenced to life in prison, plus 50 years.

Two years later, in January 1987, the Supreme Court of North Carolina reversed the convictions and ordered a new trial. The court ruled that the defense should have been allowed to present the evidence of the other victim’s identification of someone else.

When Mr. Cotton went to trial a second time in November 1987, he was charged with both rapes. This time, the second woman also identified Mr. Cotton as her attacker, saying she had been too afraid to identify him right after the crime.

The defense sought to introduce evidence of another suspect — a man named Bobbie Poole, who had been arrested for two other sexual assaults, and whose blood type matched the drop found in the second victim’s apartment.

While the jury was not present, Mr. Poole was brought into the courtroom. Ms. Thompson-Cannino and the other woman both contended that he was not their attacker. So the defense was denied permission to present Mr. Poole as an alternate suspect.

At the end of the trial, Mr. Cotton was convicted of both rapes and two counts of burglary. He was sentenced to life in prison, plus 54 years. 

The Exoneration

In August 1990, the Court of Appeals of North Carolina affirmed Mr. Cotton’s convictions. 

In the spring of 1995, at the request of the defense, the Burlington Police Department turned over all physical evidence — including the rape kits of both victims — for DNA testing. The results indicated that Mr. Cotton was not the source of the DNA.

The unidentified DNA profile was sent to the North Carolina Bureau of Investigation’s DNA database, which confirmed a match with Bobbie Poole. By that time, Mr. Poole was serving a life sentence after being convicted of several other sexual assaults. While in prison, he had admitted to other inmates that he had committed both crimes.

The district attorney and the defense filed a motion to dismiss all charges. On June 30, 1995, the charges were vacated and dismissed. Mr. Cotton was released after spending more than 10 years in prison. 

On July 11, 1995, Mr. Poole pleaded guilty to both rapes. He received a 70 year sentence, to be added to his life sentence.

On July 12, 1995, North Carolina Governor James B. Hunt Jr. officially pardoned Mr. Cotton. 

Life After Exoneration

Soon after his release, Mr. Cotton got a job in the warehouse of LabCorp, the company that tested the DNA evidence that proved his innocence. He also married, had a child, and bought a piece of land to live on. He received $110,000 from the state for his wrongful conviction. 

Mr. Cotton and Ms. Thompson-Cannino met for the first time after his exoneration. They became good friends and began to travel around the country to speak about wrongful convictions and reforms, especially for eyewitness identification procedures, to prevent future injustices. In 2009, they co-authored the best-selling book Picking Cotton: Our Memoir of Injustice and Redemption.