By Ken Miller | Associated Press
A wrongfully convicted Texas man who spent 34 years in prison for a killing in the 1980s was exonerated Thursday, saying that while he couldn’t get those years back, he was happy and moving forward.
“I’m just excited that this day has finally come,” said Benjamin Spencer, 59.
A Dallas County judge granted a motion by the district attorney’s office to dismiss an aggravated robbery charge against Spencer, who was initially convicted of murder in 1987 in the carjacking and death of Jeffrey Young.
“It is a good day,” said defense attorney Cheryl Wattley, who has worked on Spencer’s case for more than 20 years. “I’m trying hard not to cry.”
Wattley praised Dallas County Criminal District Attorney John Creuzot for taking a serious look at the evidence that was discredited in the case.
Creuzot said he was “relieved and humbled to help correct this injustice.”
Prosecution witnesses, including a jailhouse informant seeking leniency, gave false testimony, Creuzot said. He added that prosecutors at the time also failed to provide the defense with evidence that would have excluded Spencer from the crime, including fingerprints.
Spencer, who maintained his innocence, saw the 1987 conviction later overturned. But he was then tried again and convicted and sentenced to life in prison for aggravated robbery of Young.
He was released on bond in 2021 after the district attorney’s office found his constitutional rights were violated and he did not receive a fair trial due to the false witness testimony and withholding of evidence.
The Texas Court of Criminal Appeals overturned his conviction earlier this year, sending the case back to Dallas County.
Assistant District Attorney Cynthia Garza, who leads the office’s Conviction Integrity Unit, said: “There exists no credible or physical evidence that he was in any way involved in this crime.”
Spencer is one of the 60 longest-serving people to be declared innocent, according to data kept by The National Registry of Exonerations.
Under Texas law, he is eligible for a lump sum payment of up to $80,000 for each year he was incarcerated and an annuity, Wattley said.
Wattley said Spencer is trying to live his life honorably and “trying to be an example that others can be inspired by.”
