Thomas McGowan spent nearly 23 years in a Texas prison after a rape victim identified him in a highly suggestive photo lineup. An African American man was burglarizing a home in Richardson, Texas, when the resident, a young woman, returned. The man beat her severely and threatened the woman with a knife before raping her. After she could not identify anyone at a live lineup the day after the crime, investigators showed her a photographic array ten days later. McGowan, whose photo was in the system solely because of a minor traffic violation, stood out from the others because it was the only one marked “Richardon Police Department” — the city where the crime occurred.

Although the victim “thought” she recognized McGowan, the investigator administering the lineup told her that she had to “be sure, yes or no.” The victim then stated that McGowan was definitely the perpetrator, and he was convicted based on this testimony.

The Innocence Project took on McGowan’s case in 2007, and DNA results showed that he could not have been the source of semen. With the assistance of the Dallas County District Attorney’s Office, McGowan was officially exonerated two years ago this week.

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