Inmate uses Covid relief cash to clear name of murder
Accused ‘railroaded’ by sheriff and state prosecutor
Ricky Dority spends most of his days playing with his grandchildren, feeding chickens and working in the yard where he lives with his son’s family.
It’s a jarring change from where he was just several months ago, locked in a cell serving a life prison sentence at Oklahoma’s Joseph Harp Correctional Centre in the US after a killing he said he didn’t commit.
After more than two decades behind bars, Dority had no chance at being released — until he used his pandemic relief funds to hire a dogged private investigator.
The investigator and students at the Oklahoma Innocence Project at Oklahoma City University, which is dedicated to exonerating wrongful convictions in the state, found inconsistencies in the state’s account of a 1997 cold-case killing and Dority’s conviction was vacated in June by a Sequoyah County judge.
Now, the 65-year-old says he’s enjoying the 2ha property in a quiet neighbourhood of the Arkansas River Valley outside of Fort Smith.
“If you’re gone for a lot of years, you don’t take it for granted anymore.”
Dority is one of nearly 3400 people who have been exonerated across the country since 1989, mostly over murder convictions, according to the National Registry of Exonerations.
In Oklahoma, there have been more than 43 exonerations in that time, not including three new ones this year.
The cases underscore a problem facing a judicial system in which many old convictions resulted from overworked defence attorneys, shoddy forensic work, overzealous prosecutors and outdated investigative techniques.
The problem is particularly acute given Oklahoma’s history of sending people to death row, where 11 inmates have been exonerated since 1981.
The issue has pushed a Republican-led legislative panel to consider whether a death penalty moratorium should be imposed.
In Oklahoma County, Glynn Ray Simmons was freed after spending nearly 50 years in prison, including time on death row, after a judge determined prosecutors in a 1974 killing failed to turn over evidence in the case, including a police report that showed an eyewitness might have identified other suspects.
And just this week, Perry Lott, who served more than 30 years in prison, had his rape and burglary conviction vacated in Pontotoc County after new DNA testing excluded him as the perpetrator.
The most common causes of wrongful convictions are eyewitness misidentification, misapplication of forensic science, false confessions, coerced pleas and official misconduct, generally by police or prosecutors, according to the Innocence Project, a national organisation based in New York.
In Dority’s case, he said he was railroaded by an overzealous sheriff and a state prosecutor eager to solve the killing of 28-year-old Mitchell Nixon, who was found beaten to death in 1997.
Investigators who reopened the case in 2014 coerced a confession from another man, Rex Robbins, according to Andrea Miller, the legal director of the Oklahoma Innocence Project.
Robbins, who would plead guilty to manslaughter in Nixon’s killing, implicated Dority, who at the time was in a federal prison on a firearms conviction. Dority said he knew he didn’t have anything to do with the crime and found paperwork that proved he had been arrested on the day of the killing.
“I thought I was clear because I knew I didn’t have anything do with that murder,” Dority said.
“But they tried me for it and found me guilty of it.”
Jurors heard about Robbins’ confession and testimony from a police informant who said Dority had changed bloody clothes at his house the night of the killing.
They convicted him of first-degree murder and recommended a sentence of life without parole.
After years in prison, Dority used his federal Covid-19 relief cheque to hire a private investigator, he said.
Bobby Staton had mostly investigated insurance fraud but he took on the case and said he quickly realised it was riddled with holes.
He eventually turned to the university’s Oklahoma Innocence Project, which assigned a law student, Abby Brawner, to help investigate.
Their investigation turned when Staton and Brawner visited Robbins in the Oklahoma State Reformatory in Granite, and he recanted his statement implicating Dority.
Brawner and Staton also learned the informant didn’t live at the home where he told investigators Staton showed up in bloody clothes.
When the actual homeowner testified at a hearing this year, the judge dismissed the case.
Dority’s original attorneys were ineffective for not discovering the informant didn’t live at the home, the judge said, giving prosecutors 90 days to decide whether they will retry him.
That three months has been extended, and prosecutors have said they intend to ask the judge for more time for DNA testing.
Dority, confident in his innocence, said he’s not concerned about additional forensic testing.
If you’re gone for a lot of years, you don’t take it for granted anymore. Ricky Dority after his release from jail for murder