NORMAN — The Cleveland County district attorney’s office has charged a suspect in a 32-year-old case of rape for which another man was wrongfully convicted and spent more than 13 years in prison.
The suspect, Gilbert Duane Harris, 58, of Biloxi, Miss., was identified after an Oklahoma Watch inquiry last year caused the Norman Police Department to request a national DNA database check related to the 1982 rape of a University of Oklahoma student. That check, sought by the Oklahoma State Bureau of Investigation, matched Harris’ DNA with DNA evidence from the rape, but authorities say it took months to verify and follow up.
Norman police told Oklahoma Watch that DNA evidence from the rape also had been linked to Harris’ DNA in 2006 after Louisiana authorities encountered Harris and entered his DNA in the national database. The match was reported to Oklahoma authorities but for some reason the Cleveland County district attorney’s office did not take further steps to pursue charges.
“That information was reported by the state of Louisiana to OSBI, which in turn reported it not to the Norman Police Department as best as we can tell, but to the district attorney’s office. It’s at that point in 2006 that the case appears to end,” said Norman police Capt. Tom Easley. Asked whether he knew what happened, Easley said, “Don’t know, can’t explain it. ... That is the $64,000 question.”
Cleveland County First Assistant District Attorney Susan Caswell said her staff began pursuing the case actively after being notified sometime last year about a new DNA match linking Harris to the 1982 crime.
She said she could not comment on what happened after the initial match in 2006 because neither she nor District Attorney Greg Mashburn were working in the Cleveland County office at the time.
“Once we got information and the (Norman) police department got information, they began their investigation,” Caswell said. “We ultimately determined that we had sufficient information to file charges.”
Harris, 58, is charged with first-degree rape and forcible sodomy. He has not yet been arrested in Mississippi. He denied involvement in the rape to a Norman detective.
It’s unclear why authorities believe they can pursue charges in a rape case that occurred 32 years ago. The statute of limitations for rape is 12 years, but various factors, such as the involvement of DNA, whether a suspect left the state and which year’s version of the statute of limitations should be used, can come into play.
Caswell said her office was convinced it could prosecute the case despite the passage of time. “We feel confident we can proceed with the case with the statutes of limitations as we’re aware of them,” she said.
The case points to a national issue regarding what happens after people who are wrongfully convicted are later exonerated, often because of DNA testing. In more than half the 316 DNA exoneration cases nationwide over the past two decades, the real perpetrator has not been convicted or identified. In some cases, authorities neglected to follow up; in others they chose not to pursue the case for legal reasons or because they still felt the exonerated person was guilty, legal experts say.
The rape of the OU student occurred in March 1982 when a man gained entry to the victim’s Norman apartment after she went to bed, struck her, threatened her with a knife, and sexually assaulted her. She later identified Thomas Webb, of Oklahoma City, who in 1982 was living in Norman, from a photo lineup as the rapist. Although Webb, who was then 22, had an alibi and no history of sexual assault, he was arrested, convicted, and sentenced to 60 years in prison.
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