After serving 28 years behind bars for a rape and murder he’d always insisted he did not do, 58 year old Donald Eugene Gates walked out of a federal prison in Arizona on Tuesday with $75 and a bus ticket to Ohio. It took almost three decades, but DNA testing proved he was innocent of the crime.
In 1981, Gates was convicted of the rape and murder of 21 year old Georgetown University student, Catherine Schilling, which occurred in Washington’s Rock Creek Park. He was sentenced to 20 years to life in prison based mostly on the testimony of FBI hair analyst Michael P. Malone. In 1997 though, the FBI’s inspector general found that Malone had given false testimony in proceedings that led to the impeachment, and later dismissal of US District Judge Alcee Hastings back in 1989.
While researching the case, Sandra Levick, one of Gates’ attorneys from the D.C. Public Defenders Service, came across the report by the inspector general, and requested more information through the Freedom of Information Act. She then found that the FBI had issued warnings about the work of Malone, as well as 12 other analysts who had been criticized by the inspector general. Prosecutors then confirmed they had relied on Malone’s work to obtain Gates’ conviction as part of a review of the case requested by the FBI.
After this information was revealed, the defense filed its motion to have the conviction thrown out. Assistant US Attorney Joan Draper had been unaware until that time there was a problem with Malone’s testimony at all.
In this case, Malone’s testimony or false testimony proved to be of no consequence, as the scientific technique that he had used, microscopic hair analysis, has since been discredited. In a 2009 report by the National Research Council of the National Academy of Sciences, Levick cited that there was “no scientific support” for using hair comparisons as identification.
Gates had prayed for and never doubted in his release. He requested a DNA test in 1988, but the technology at the time was unable to draw conclusions based on the size of the DNA sample available. It is expected that Gates will be exonerated, and then will be entitled to compensation for the time spent in prison. Under federal law, compensation would be $50,000 per year of incarceration.