By Ken Miller | Associated Press
A wrongfully convicted Texas man who spent 34 years in prison for a 1980s murder was exonerated Thursday and said 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 a felony robbery charge against Spencer, who was originally convicted of murder in 1987 in connection with the carjacking and death of Jeffrey Young.
“It’s 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 Prosecutor John Creuzot for taking a serious look at the evidence discredited in the case.
Creuzot said he was “relieved and humbled to help right 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 retried 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 that his constitutional rights were violated and that he did not receive a fair trial due to the perjury and withholding of evidence.
The Texas Court of Criminal Appeals reversed his ruling earlier this year and sent the case back to Dallas County.
Assistant District Attorney Cynthia Garza, who heads the office’s conviction integrity unit, said: “There is no credible or physical evidence that he was in any way involved in this crime.”
Spencer is one of 60 longest-serving people to have been exonerated, according to data from The National Registry of Exonerations.
Under Texas law, he is eligible for a lump sum of up to $80,000 for each year he served in prison and an annuity, Wattley said.
Wattley said Spencer is trying to live her life honorably and “trying to be an example that others can be inspired by.”