Terry Chalmers
On Jan. 31, 1995, after spending more than seven years in prison, Terry Chalmers was exonerated of a 1986 rape. DNA testing excluded Mr. Chalmers as the man who sexually assaulted a woman in Mount Vernon, New York.
The Crime
On Aug. 18, 1986, a white woman was approached and pushed into her car, which had been parked at the train station in Mount Vernon, New York.
While the assailant drove, the victim was forced to perform sexual acts with the man. When they arrived at Wilson’s Woods Park, the assailant threw her to the ground and raped her. He then left, taking her jewelry, handbag, and car.
The Investigation
The following day, the victim’s car was found parked a block away from the home of 20-year-old Terry Chalmers, who had a prior conviction in 1985 for first-degree sexual abuse. The police assembled a photographic lineup that included Mr. Chalmers’ photograph, but the victim was unable to identify anyone.
Forty-six days after the crime, the victim was shown another photographic lineup. The only person who had been in both lineups was Mr. Chalmers. This procedure is considered suggestive because a person can subconsciously convert the memory of seeing a person in the first lineup into a memory of that person being the perpetrator.
The victim selected Mr. Chalmers as her attacker during this viewing.
On Oct. 3, 1986, Mr. Chalmers was arrested on charges of first-degree rape, first-degree sodomy, third-degree robbery, and grand larceny.
The Trial
Mr. Chalmers went to trial in Westchester County Supreme Court in May 1987. The prosecution’s case rested almost solely on the victim’s identification of him in court.
On May 4, 1987, the jury convicted Mr. Chalmers of all charges. He was sentenced to 12 to 24 years in prison.
Mr. Chalmers appealed, arguing that the police did not properly conduct the photographic lineups and that the lineups were suggestive. On July 18, 1990, the Appellate Division of the New York Supreme Court affirmed the conviction, ruling that even if the lineup had not been properly conducted, the in-court identification was enough to convict Mr. Chalmers.
The Exoneration
Mr. Chalmers subsequently discovered that the Westchester County Department of Laboratories and Research had retained the rape kit and items of clothing that were used as evidence at trial. With the help of the Innocence Project, he petitioned for DNA testing.
After the request was granted, Forensic Science Associates, a DNA laboratory in California, performed PCR-based DNA testing on the vaginal and cervical swabs from the rape kit. A report dated July 8, 1994, revealed that the victim could not be the source of DNA in the sperm from the swabs. On July 26, 1994, a second report again excluded Mr. Chalmers as the source of DNA in the sperm.
On Jan. 31, 1995, Mr. Chalmers’ conviction was vacated and the charges were dismissed. Mr. Chalmers was released after spending seven and a half years in prison.
In 2000, Mr. Chalmers received $875,000 in compensation from the New York Court of Claims.
Time Served:
7.5 years
State: New York
Charge: First-degree Rape, First-degree Sodomy, Third-degree Robbery, Grand Larceny
Conviction: First-degree Rape, First-degree Sodomy, Third-degree Robbery, Grand Larceny
Sentence: 12 to 24 years
Incident Date: 08/18/1986
Conviction Date: 05/04/1987
Exoneration Date: 01/31/1995
Accused Pleaded Guilty: No
Contributing Causes of Conviction: Eyewitness Misidentification
Death Penalty Case: No
Race of Exoneree: African American
Race of Victim: Caucasian
Status: Exonerated by DNA
Alternative Perpetrator Identified: No
Type of Crime: Sex Crimes
Year of Exoneration: 1995