Man Exonerated After 35 Years of Wrongful Conviction Based on Misidentification

Perry Lott was exonerated on October 10, 2023, after 35 years of wrongful conviction for a rape and burglary he did not commit. He had spent 30 years in prison before his release in 2018. DNA testing of evidence from the rape kit excluded him as the perpetrator.

An Erroneous Identification Rests on Shaky Ground

As reported by the Innocence Project, the rape occurred in 1987 when an assailant broke into a woman’s home in Ada, Oklahoma, and sexually assaulted her at gunpoint. The only evidence implicating Mr. Lott was the survivor’s identification of him in a suggestive police lineup.

This identification was problematic for several reasons:

  • The survivor was white and Mr. Lott was Black, making this a cross-racial identification, which can pose added risks of error.
  • Mr. Lott was the only participant with a real gold tooth. Police gave the others gold foil to cover their teeth, making him stand out.
  • Mr. Lott did not match the original physical description provided by the survivor. She described a clean-shaven man, but Mr. Lott had a mustache.
  • The Innocence Project identifies eyewitness misidentification as a major contributor to wrongful convictions later overturned through DNA testing.

Despite these red flags, the identification was the entirety of the case against Mr. Lott. He was convicted after only a single day of trial.

For a closer look at how these errors happen, see our discussion of factors that can lead to eyewitness misidentification.

DNA Testing Exonerates Perry Lott

Decades later, the Innocence Project succeeded in getting DNA testing performed on the original rape kit. The results categorically excluded Mr. Lott and pointed to another unknown male perpetrator. DNA evidence played a similar role in exposing the wrongful conviction of Morton Johnson.

Mr. Lott moved to vacate his conviction in 2018. Pontotoc County District Attorney Paul Smith opposed the motion and offered a sentence modification before the evidentiary hearing. The agreement allowed Lott to leave prison but left his conviction intact.

After 30 years in prison, Mr. Lott accepted the sentence modification in July 2018 so he could regain his freedom. His conviction remained in place.

Exoneration Finally Granted by New District Attorney

In 2023, the Innocence Project approached newly elected DA Erik Johnson about re-examining Mr. Lott’s case. After reviewing the record, DA Johnson acknowledged the DNA testing was “favorable” to Mr. Lott and moved to officially clear his name.

Said Mr. Lott:

“I have never lost hope that this day would come. I had faith that the truth would prevail — even after 35 long years.”

Lott’s case also raises concerns about racial disparities in wrongful convictions, which the National Registry of Exonerations examined in its 2022 report. Cases like this also show the broader costs of wrongful convictions, including lost decades, damaged families, destroyed reputations, and the failure of the justice system to correct obvious mistakes quickly. Similar issues of unreliable witness identification and official misconduct also appear in the case of Emmanuel Jean’s wrongful conviction.

Mr. Lott suffered immensely over his three decades of wrongful incarceration, but thankfully, he will now have a chance to move forward with his life. His faith and perseverance have finally been rewarded.