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DNA frees a Garland man after 23 years in prison.

By BJ Austin

http://stream.publicbroadcasting.net/production/mp3/kera/local-kera-696523.mp3

Dallas, TX – Thomas McGowan, accused of rape, was the victim of a bad photo ID, according to Innocence Project Director Barry Scheck, who says it's not that the Richardson Police officer in 1985 was purposely doing something wrong.

Scheck: "When he showed these photos to the victims in this case and she said I think it's this guy, pointing to Mr. McGowan's picture. And then he said to her, Well you have to be sure. Is that him, yes or no? That kind of forced response that's very damaging."

But Thomas McGowan, wearing new dress shoes, slacks and a crisp yellow shirt says he's not bitter.

McGowan: "I know God forgives, so hey, I got to forgive, too. It's not going to be good for me to be harboring anger and resentment now, you know. I feel good, you know. So that's over with. That bad news is over with."

McGowan got a crisp 100 dollar bill from James Giles - one of the 16, whose conviction was set aside last year. And he received an apology from Dallas County District Court Judge Susan Hawk.

Judge Hawk: "Mr. McGowan, the Court agrees that you are entitled to relief and grants these writs. Words cannot say how sorry I am."

After 23 years in prison, Thomas McGown was a free man, surrounded by more than a dozen family members - and he had a couple of practical things on his mind - how to use a cellphone, and where to get a big chicken fried steak.