Judge overturns 1975 conviction of Alabama man who spent 42 years in prison
Ervin Harris successfully challenged his 1975 conviction after a court found advances in eyewitness memory research could have changed the outcome of his trial.
An Alabama man who spent more than four decades behind bars has officially had his decades-old rape conviction overturned.
Ervin Harris, a Jefferson County resident who was convicted in 1975 and sentenced to 99 years in prison, successfully challenged his conviction after serving 42 years and being released on parole. According to WVTM 13, Circuit Judge David Carpenter ruled on Friday that Harris’ conviction should be set aside and that he is no longer required to register as a sex offender.
The Jefferson County District Attorney’s Office did not oppose the ruling.
As reported by WVTM 13, the decision followed a recent hearing that examined modern scientific research surrounding eyewitness memory and misidentification, evidence that was not available during Harris’ original trial more than 50 years ago.
Eyewitness identification expert Nancy Franklin testified that the victim’s identification of Harris was “highly unreliable.”
“She described a very different person than she identified,” Franklin said during the hearing.
Judge Carpenter noted several discrepancies between Harris and the description of the attacker. Court records showed the assailant was described as speaking clearly, while Harris has a severe speech impediment. The victim also reported that her attacker drove her around in a car, though evidence indicated Harris could not drive.
In addition, Harris was suffering from a severe sexually transmitted disease at the time of the assault, but the victim never contracted the infection.
According to WVTM 13, no physical evidence ever linked Harris to the crime. Harris had sought DNA testing on clothing collected by Fairfield police, but the evidence was later determined to have been lost despite a court-ordered search.
Throughout the case, Harris consistently maintained his innocence. During his 1975 trial, multiple family members and friends provided an alibi for his whereabouts, testimony prosecutors were unable to discredit.
Judge Carpenter ultimately concluded that advances in eyewitness memory research qualified as newly discovered evidence and determined that, had the science been available during the original proceedings, the outcome of the trial likely would have been different.
The ruling brings an end to a case that has spanned more than five decades and marks a significant legal victory for Harris after years of maintaining his innocence.