TX: 74-year-old man required to register was wrongly convicted in 1982, Dallas judge finds

[dallasnews.com – 5/27/21]

Nearly 40 years after Mallory Vernon Nicholson’s trial, a Dallas County district court judge has agreed with prosecutors and defense lawyers that his convictions for burglary and aggravated sexual abuse of a child should be overturned.

Prosecutors in Nicholson’s 1982 trial failed to disclose reports from detectives and a doctor who evaluated the two victims that identified another suspect, according to court records signed last week by Criminal District Court 7 Judge Chika Anyiam.

Nicholson “would not have been convicted in light of the suppressed evidence,” the judge wrote.

The Dallas County District Attorney’s Office joined defense lawyers’ claims that evidence withheld by prosecutors should have been handed over and could have affected the jury’s verdict. Several reports were discovered in the prosecution’s file decades later, after District Attorney John Creuzot’s Conviction Integrity Unit agreed to review the case.

“It is our job as prosecutors to turn all evidence of innocence over to the defense counsel,” Creuzot said. “And it remains our job to correct past wrongs.”

Now 74, he has had to continue registering on the sex offense registry. When he moved to Anne Arundel County in Maryland in 2004, police there distributed fliers warning neighbors he had moved in, the Baltimore Sun reported.

“Mr. Nicholson has borne the weight of this wrongful conviction for over half his life,” said Adnan Sultan, an attorney with the New York-based Innocence Project who represents Nicholson. “He has not been able to obtain gainful employment since his release and has had to endure the stigma and humiliation of registering as a person convicted of a sex offense for a crime he did not commit. We are thankful that he is one step closer to true justice.”

Read the full article

 

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  2. Please keep the tone of your comment civil and courteous. This is a public forum.
  3. Swear words should be starred out such as f*k and s*t and a**
  4. Please avoid the use of derogatory labels.  Use person-first language.
  5. Please stay on topic - both in terms of the organization in general and this post in particular.
  6. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  7. Please take personal conversations off this forum.
  8. We will not publish any comments advocating for violent or any illegal action.
  9. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  10. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  11. Please do not post in all Caps.
  12. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  13. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  14. We will not publish any posts containing any names not mentioned in the original article.
  15. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  16. Please do not solicit funds
  17. No discussions about weapons
  18. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  19. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  20. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  21. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  22. If addressing another commenter, please address them by exactly their full display name, do not modify their name. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

9 Comments
Inline Feedbacks
View all comments

These wrongful convictions merit all the contempt the country can muster, sex conviction or not. Indeed, “wrongful convictions” isn’t a strong enough term. It is more like kidnapping or false imprisonment. We need an accurate label.

Wow! So, now the prosecutors who withheld evidence back then will now be charged and sent to prison, right? Of course not. Justice is now finally served? That poor man had to endure the worst of the worst punishment, and those responsible, who knowingly withheld the evidence, and knew the horror he had to endure go free or get a slap on the wrist? “Mr. Nicholson has borne the weight of this wrongful conviction for over half his life,” said Adnan Sultan, an attorney with the New York-based Innocence Project who represents Nicholson. “He has not been able to obtain gainful employment since his release and has had to endure the stigma and humiliation of registering as a convicted sex offender for a crime he did not commit. We are thankful that he is one step closer to true justice.” I thought the registry was administrative. What is there to complain about? He endured the stigma and humiliation, he was unable to obtain gainful employement? Why? The registry should not cause this, right? Another case to keep for the archives to show how attorneys and prosecutor alike see what harm the registry causes. IT IS NOT ADMINISTRATIVE!!! IT IS PUNISHMENT. EVERYBODY KNOWS THIS!!! It HAS to end. Getting angrier by the minute.

If you want “a step closer to justice”, prosecute that DA and those directly involved with him. They suppressed evidence that not only robbed a man of half his life, but stopped the search for the actual assailant who may have gone on to hurt many more.

One strong man.

I have vowed that if I ever serve jury duty and evidence is being suppressed or withheld, I will automatically vote not guilty.