Investigators: DNA Match for Crime That Put Innocent Man in Prison

Dwayne Allen Dail

Investigators said they have solved a rape that put the wrong man in prison for 18 years. They have not, however, charged the person they now say did it.

Dwayne Allen Dail, 39, was cleared in August of the 1987 rape of a 12-year-old Goldsboro girl. The girl identified him as her attacker, and hair found at the scene was similar to his. DNA evidence found on a fragment of the girl's nightgown years after the trial proved Dail wasn't involved in the attack, however.

Investigators said Tuesday they have a DNA match that linked another man to the crime, but he has yet to be charged. The wait concerned Dail and his attorney.

“They've gotten a complete profile from the nightgown and they have matched that to someone who is in prison in North Carolina,” said Chris Mumma, the attorney who helped establish Dail’s innocence.

Mumma said investigators even took a new DNA sample from the inmate and confirmed a match.

“When there is an exact DNA match, that is sufficient in many cases to move forward with charges," Mumma said.

Dail's was in Florida Tuesday when WRAL spoke with him by telephone.

"I understand that maybe it takes a little bit of time, but I cannot understand where they got a 100 percent match on DNA and it's still taking this much time," Dail said. “I think there should be some charge."

Wayne County District Attorney Branny Vickory said he was confident the person will eventually be charged.

Vickory said part of the problem was that DNA evidence sat on a shelf for so long that investigators and witnesses have to be re-interviewed to properly account for the evidence.

The North Carolina Center on Actual Innocence helped find the DNA evidence that exonerated  Dail and led to his release

“I certainly wish that they had taken that much time with the investigation during my trial," Dail said.

"He is in custody, so I'm sure that takes the urgency off of it from a law enforcement perspective, but it doesn't take the urgency off of it from Dwayne Dail's perspective or the victim's perspective," Mumma said.

Dail and his attorney said they would understand if it took more time to go to trial, but they said they believe new charges in the case are long overdue.

Dail's attorney also said the DNA match points to a current inmate who once lived in the same neighborhood as Dail.



27 Comments


Golo

Welcome to GOLO, where WRAL.com visitors can comment on stories and create profile pages, blogs and photo galleries.

You must be a registered WRAL.com user to use these tools. Click here to register or log in.

View Comments View Comments

Ask Anything
  1. Greg Fishel
    10 questions with Greg Fishel

    WRAL's chief meteorologist answers your questions about severe weather, snow and why he loves his job.

  2. WRAL.com moderator
    10 questions with a WRAL.com moderator

    A WRAL.com moderator answers your questions about comments on stories, abuse reports and more.

  3. Bryan Beatty
    10 questions with N.C. Secretary of Crime Control & Public Safety

    Bryan Beatty answers your questions about homeland security, gang prevention and illegal immigrants.

Multimedia
  1. Sgt. Christina E. Smith 9/30 stabbing death
    Christina Smith stabbing death case

    Sgt. Christina Smith was stabbed to death on Sept. 30 while walking with her husband near their house.

  2. WRAL Election 2008 logo
    Watch 2008 debates

    N.C. voters have two tough choices to make at leadership positions. Play back the debate video from races from president to lt. governor and see…

  3. Offshore drilling, offshore oil rig
    Voters talk about big issues of 2008

    Energy, the economy, health care and the war in Iraq resonate most with voters in the upcoming presidential election.

  4. North Carolina upends UConn 38-12

    The Heels made a strong statement with their resounding victory over previously undefeated UConn Saturday night.

  5. 00 bc ncsu.jpg
    State comes up short against Boston College, 38-31

    N.C. State came back from a 14-point defecit in the 4th quarter against Boston College, but lost the game when the Eagles scored a touchdown with…