A civil rights complaint was filed this month on behalf of Plaintiff Dwayne Allen Dail against the City of Goldsboro and individual defendants to seek redress for his wrongful incarceration. The complaint may be viewed here.
Mr. Dail was arrested on May 13, 1988 for the rape of a 12 year old girl. He maintained his innocence from the date of his arrest onward and insisted that evidence collected from the crime scene be tested against his DNA. After Mr. Dail's conviction, the City of Goldsboro reported that the evidence had been destroyed. Eventually, in 2007, after repeated requests for this evidence, the Goldsboro Police Department acknowledged that, contrary to their previous representations, they were in fact in possession of the evidence from the crime scene. The DNA evidence was tested against Mr. Dail's DNA and he was finally exonerated after 18 years of imprisonment and set free.
Mr. Dail's complaint brings claims under the federal constitution, North Carolina Constitution, and North Carolina common law. Mr. Dail is represented by Burton Craige and Narendra Ghosh, as well as Spencer Parris and Christopher Olson at Martin & Jones.