Texas Man Claims Wrongful Conviction, Fights to Clear His Name
By Jeffrey Grass, Esq.
Nov. 8, 2012 3:06p
Texas Man Claims Wrongful Conviction, Fights to Clear His Name
Eric C. Wilson, one of the "Norfolk Four," has been out of prison living in Texas for several years after serving 8-and-a-half years for the rape of an 18-year-old woman. DNA evidence later exonerated the Four, and Gov. Tim Kaine conditionally pardoned the other three members, convicted of rape and murder of the victim, in 2009. Wilson was ineligible for pardon because he was already out of prison.
Texas Sex Offender Registration
Wilson is not on probation, yet he recently made the argument to a federal appeals court that he remains in custody. His reasoning? Since he was convicted of a sex crime, he is required to register as an offender in Texas. Wilson cannot be cleared unless a court first declares he is in custody.
If so, then he could challenge his conviction and registration requirements. A three-judge panel of the 4th U.S. Circuit Court of Appeals in Virginia heard Wilson's claims, reported the Houston Chronicle. One judge stated that although Wilson's challenge is compelling, it was unclear if the court had jurisdiction to hear the case. If the court dismisses the challenge due to lack of jurisdiction, Wilson may have other avenues for relief such as filing another petition for pardon.
Wilson's Arguments
According to the Navy Times, the arguments supporting Wilson's challenge include:
- DNA evidence corroborates a fifth man's admission to committing the rape and murder alone
- The only evidence against Wilson is an allegedly coerced false confession
- Registering as a sex offender restricts his travel, prevents him from adopting his stepson and disqualifies him from employment opportunities
Texas sex offenders are subject to either 10-year or lifetime registration, depending on the severity of the crime. They must re-register every 90 days and anytime they move, change jobs or buy a vehicle; they also must renew their driver's licenses in person annually, according to the Times.
Those charged with sex crimes need legal representation by an experienced Texas criminal defense attorney to protect their rights and challenge the evidence against them.
