| First Name | Dwayne |
| Last Name | Dail |
| Year of Conviction | 1990 |
| Year of Exoneration | 2007 |
| Testing inculpated culprit | Cold Hit |
| State of Conviction | North Carolina |
| Trial, Bench Trial, or Guilty Plea | Trial |
| Type of Crime | Rape |
| Death Sentence | No |
| Life / LWOP sentence | Life |
| Gender of Exoneree | Male |
| Race of exoneree | White |
| Juvenile | No |
| Type of Innocence Defense |
|
| Description / Quotes from Testimony Concerning Defense | ● Missing transcript of defense case |
| Did the defendant testify at trial? | Yes |
| Quotes from Exoneree Testimony | Missing portion of trial transcript |
| Types of evidence at trial |
|
| Type of Forensic Evidence |
|
| Types of Flawed Forensics |
|
| Brief Quote / Description of Testimony | The victim and Dail were both nonsecretors. The analyst testified that “When I analyzed the semen that I found, I did not detect any ABO type. That would be what you would expect if you had two nonsecretors. However, it’s also possible that there was not enough semen present and I did not pick up any ABO type.” Hair comparison excluded the defendant. |
| Identity of eyewitness |
|
| Lineup Procedures |
|
| Suggestive Procedures | Yes ● Show-up – no line-up conducted; sole i.d. procedure conducted by State was in court |
| Quotes from testimony #1 | Defense lawyer argued in closings that “this girl cannot even identify this man and has not prior to sitting in this courtroom, actually identified this man. Never pointed him out to anyone ever.” Prosecutor argued in closings, “We have another prior eyewitness identification on the 16th of October, 1987, as I argued, which was seeing him on the street, which I would say is much stronger than the police line-up type of thing.” |
| Unreliable Identification? | No – although testimony of victim not obtained |
| Highest level reached | NR |