MI - David Shelton, 27 years in prison, possible miscarriage of justice, Oakland County, 1993

Do you know if there's enough DNA to test without destroying the whole sample? Since technology is quickly changing, the size of the sample needed is becoming less and less. Since you have worked with the innocence project, I'm sure they have probably asked to test the samples. What is the prosecutor saying about you doing a test in a private lab. However, I know that the prosecutor is probably holding that close to the vest. There was mention about the hair found in the cap that did not match your father? Do you know if the prosecutor turned over that information to the defense attorney during the original case? I know that some, not all,, usually don't like to hand over type of of information that they say will be of no use, But anything with any type of cell on it or could possibly have dna needs to be preserved. Sorry if I'm asking a lot of questions, But I feel so badly for your father being in prison for this when even one of the witnesses has some serious doubts.

The thing with my fathers case is that the materials and evidence has all been damaged and lost due to the police department who charged him being disbanded and a lot of stuff was lost and his was in that batch. So now you would think well they have to go by the first set of DNA testing that was done which exonerated him but they are saying otherwise so right now we’re waiting to see what’s next. The prosecutor definitely hasn’t mentioned anything close to that as they want my father to stay locked up just for the simple fact if he gets exonerated this will be a huge huge story and mess for them so they are trying they’re hardest to keep him incarcerated. But in the same light it’s out of their hands as the State Conviction Integrity Unit and Innocence Project has taken the case and if they see fit he’s innocent then the CIU has the power to release him. To be exact their were hairs found on the bed where the rape took place,tested and came back non negroid my father’s black so that means it wasn’t even a black mans doing. There were fingerprints found on the mask they tested my fathers fingerprints and the results were negative. And also one hair found in the mask again non negroid trait which also exonerated my father. And no ask away please lol I put his case on here for a reason. Anything you want to ask I know and have no problem answering
 
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I have been watching 'The Innocence Files' on Netflix. It shows how extremely difficult it is to overturn a conviction. I have a lot of respect for the Innocence Project. They have some truly dedicated lawyers. They receive stacks and stacks of letters from people in prison but only take a few select cases so picking up your father's case four times means they believe in his case.

Regarding no forensic evidence, does that mean a rape kit was not done?
 
I have been watching 'The Innocence Files' on Netflix. It shows how extremely difficult it is to overturn a conviction. I have a lot of respect for the Innocence Project. They have some truly dedicated lawyers. They receive stacks and stacks of letters from people in prison but only take a few select cases so picking up your father's case four times means they believe in his case.

Regarding no forensic evidence, does that mean a rape kit was not done?

Yes his case keeps being picked up because there is no proof showing he did this while there is all the proof showing he did not do this. There was forensic evidence available they just hid it from the jury so it could make his conviction easier.
 
Hey everyone,

Websleuths member InnocenceFirst has now been verified as David Shelton's son. As a Verified Insider, InnocenceFirst may post their knowledge of the case and state information as fact without having to provide links to support what they state as fact.

We are always fortunate to have a VI join in our discussions. If you disagree with something that is said, just scroll and roll without debating or arguing about anything. You may respectfully ask InnocenceFirst questions, but please do not argue with them or be rude to them in any way.

Thank you to everyone for being here to discuss David's case.
 
Hey everyone,

Websleuths member InnocenceFirst has now been verified as David Shelton's son. As a Verified Insider, InnocenceFirst may post their knowledge of the case and state information as fact without having to provide links to support what they state as fact.

We are always fortunate to have a VI join in our discussions. If you disagree with something that is said, just scroll and roll without debating or arguing about anything. You may respectfully ask InnocenceFirst questions, but please do not argue with them or be rude to them in any way.

Thank you to everyone for being here to discuss David's case.
Thanks once again
 
Wow. The provided article has so much info and does indeed raise a lot of questions. The lab results available on that article do raise great questions as well such as: What were the results of the print comparison? If there was no sperm evident in the rape kit, was there evidence of a condom being worn? And why if the hairs did not match the accused based on hair type did they complete a viable DNA test on the "pulled hairs"? That test should either rule the suspect out or make a more compelling case against the person.
And other attached articles do make one question the integrity of the arresting officers and any statements they made and any evidence they presented.
I can't say I "know" anything but there are a lot of questions. I do hope a more thorough investigation brings justice for the victim and justice to any wrongfully (seems the case based on what I know from reading) convicted person.
 
Wow. The provided article has so much info and does indeed raise a lot of questions. The lab results available on that article do raise great questions as well such as: What were the results of the print comparison? If there was no sperm evident in the rape kit, was there evidence of a condom being worn? And why if the hairs did not match the accused based on hair type did they complete a viable DNA test on the "pulled hairs"? That test should either rule the suspect out or make a more compelling case against the person.
And other attached articles do make one question the integrity of the arresting officers and any statements they made and any evidence they presented.
I can't say I "know" anything but there are a lot of questions. I do hope a more thorough investigation brings justice for the victim and justice to any wrongfully (seems the case based on what I know from reading) convicted person.
Not sure what you mean by print comparison,could you explain?

No evidence of a condom being worn,the woman said he couldn’t ejaculate because he couldn’t get completely erect.

Yes when they did the pulled hairs that ruled my father out as there were no negroid traits.

On top of that there was a hair found in the mask again no negroid traits and fingerprints as well and again didn’t match my father.

Yes the two officers had previously lied under oath before and should have been fired way before my father came across their path and after my father they both went to prison for years.

There is a lot wrong with this case obviously but they are dragging their feet because they know what the outcome will be,even off the things you read it doesn’t take 28 years to figure out something is wrong
 
Wow!
This is a lot to take in.
There are two obviously different justice systems for people in America.
I will stay updated. whatcan we do?
 
Wow!
This is a lot to take in.
There are two obviously different justice systems for people in America.
I will stay updated. whatcan we do?
At this point I am not sure what else there is to do he has a few things going for him right now but only time will tell,just hoping the wheels of justice turn in his favor this time
 
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Update: I talked with the victims niece and she believes my father did not commit the crimes against her Aunt and she also contacted the innocence project on her own behalf and spoke with them and told them she believes my father is innocent,they will be adding this to his file.

My father will have 28 years served in 4 days. Shame
 
Well great news I think the chains are moving and at this pace moving rapidly they are finally going to put an attorney on my fathers case and he has a meeting with them tomorrow at 1pm we’ve never been this far!! I will keep the board posted as always!
 
My apologies for leaving the board without any info!

So my father did get that conference call back in March and as I said they assigned him an attorney and also put two private investigators on his case and has one of the top DNA experts in the country in charge of his case,he also had to sign a consent form allowing them to work on his case.

I’ve talked to other exonerated guys that went through the same organization and they all said when they got to that point it was only a matter of time before they were home,not everyone makes it that far they have to really see something to take those steps that they have with my father because now they’re spending money on him and their resources are very limited.

They all said it’s about an 8 month process or so,so we are hoping literally any day now to hear something and November the latest possibly,again that’s what we’re hoping for but with all he has that proves his innocence it’s gotta be only a matter of time.
 
I have been watching 'The Innocence Files' on Netflix. It shows how extremely difficult it is to overturn a conviction. I have a lot of respect for the Innocence Project. They have some truly dedicated lawyers. They receive stacks and stacks of letters from people in prison but only take a few select cases so picking up your father's case four times means they believe in his case.

Regarding no forensic evidence, does that mean a rape kit was not done?

The problem is that once you are convicted, the burden of proof lies with you to overturn the conviction. That is usually hard to do, firstly because the evidence is either not there or difficult to find, and the convicted person is in prison, which makes the whole process logistically difficult.

In most cases like this there has usually been some sort of serious misconduct by the prosecutors and/or investigating LE, so they will tend to resist any efforts to dig further into the case.

For these reasons it is much easier to get into prison than out of one due to innocence.
 
My apologies for leaving the board without any info!

So my father did get that conference call back in March and as I said they assigned him an attorney and also put two private investigators on his case and has one of the top DNA experts in the country in charge of his case,he also had to sign a consent form allowing them to work on his case.

I’ve talked to other exonerated guys that went through the same organization and they all said when they got to that point it was only a matter of time before they were home,not everyone makes it that far they have to really see something to take those steps that they have with my father because now they’re spending money on him and their resources are very limited.

They all said it’s about an 8 month process or so,so we are hoping literally any day now to hear something and November the latest possibly,again that’s what we’re hoping for but with all he has that proves his innocence it’s gotta be only a matter of time.

Any update?
 
Yes Mr.Shelton is my father. So I can answer any questions anyone has. Thank you.
It sounds like you have quite a bit of exculpatory evidence, so you probably have a good chance of getting the conviction thrown out.

But what was the inculpatory evidence? There must have been some, right? A prosecutor is not going to bring charges without some inculpatory evidence.
 
The problem is that once you are convicted, the burden of proof lies with you to overturn the conviction. That is usually hard to do, firstly because the evidence is either not there or difficult to find, and the convicted person is in prison, which makes the whole process logistically difficult.

In most cases like this there has usually been some sort of serious misconduct by the prosecutors and/or investigating LE, so they will tend to resist any efforts to dig further into the case.

For these reasons it is much easier to get into prison than out of one due to innocence.

Any update?

It sounds like you have quite a bit of exculpatory evidence, so you probably have a good chance of getting the conviction thrown out.

But what was the inculpatory evidence? There must have been some, right? A prosecutor is not going to bring charges without some inculpatory evidence.
Well they just put four more attorneys onto his case last week,showing they’re investing even more time and money into the case,very good sign. They contacted the Oakland County Sheriffs department last month asking them to cough up anything related to the case they have 30 days to present something so we should be hearing something soon.

As far as inculpatory evidence went,all he was convicted on was the mask and identification by one of the women during trial,no dna evidence or anything else whatsoever,nor was he identified during both lineups,and the lady who identified him in court first said it was a white man.

I should know something by the end of this month.
 

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