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Case
History

On September 2, 1982, a 35-year-old Detroit schoolteacher was at home with her 8-month-old son when she was grabbed from behind by an intruder, pulled into her bedroom and raped.

Following a police investigation during which a picture of Walter Swift was one of eight picked out by the victim, Walter participated in a police line-up after which he was positively identified as the assailant, despite an alibi from his then girlfriend - later to become a police officer - stating that he was with her on the morning of the crime.

Arrested and charged with the rape, Walter was tried on November 8 and 9, 1982.

He was found guilty and sentenced to 55 years behind bars.

The Innocence Project brought to light a range of evidence which indicated Walter Swift's innocence, most of which was never presented at the original trial.

  • He does not resemble the victim's description of the perpetrator.
  • The lineup procedure that led the victim to misidentify Swift was flawed, which the jury never heard.
  • Forensic testing done before Swift's trial - but not presented at his trial - shows that he may not have been the perpetrator.
  • His defense attorney failed to present evidence of his innocence at trial.
  • He has an airtight alibi from a veteran law enforcement officer with 24 years of service who has no motive to lie.
  • Swift forfeited all opportunities for parole since his imprisonment because he would not admit to a crime he didn't commit.

Investigation revealed that the eyewitness identification of Swift, which formed the foundation of the prosecution case against him, was deeply flawed. Meanwhile, key people involved in the case, including the original prosecutor and investigating police officer as well as the lab analyst that conducted forensic testing, expressed doubt over the veracity of his conviction.

The case has highlighted discrepancies in the identification procedures used in Michigan. To make sure this doesn't happen to other people, Michigan's Legislature should pass a bill to improve eyewitness identification practices statewide. A bill to do this has been introduced and is currently pending.

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