William Gregory
Incident Year: 1992
Jurisdiction: Jefferson County
Year of Conviction: 1993
Conviction: Rape, Attempted Rape,
Burglary
Sentence: 70 Years
Exoneration Date: 7/5/2000
Sentence Served: 7 Years
Cause of Wrongful Conviction:
Eyewitness Misidentification, Unvalidated
or Improper Forensic Science
Both of the victims in the William Gregory case lived in the same apartment complex in
Kentucky. Gregory was accused and convicted of rape and burglary of the first victim
and of the attempted rape of the second victim. He was sentenced to consecutive
sentences of seventy years. The attacks occurred approximately one month apart.
At trial, the prosecution presented evidence that Gregory also lived in the apartment
complex. Both victims identified him, the second victim through a show-up procedure.
Forensic evidence consisted of hairs found in the stocking cap worn and left behind by
the assailant. A forensic analyst testified that the hairs were of Negroid origin, they
shared "unusual characteristics" with Gregory's hairs, and were "more than likely" from
Gregory. The victim testified that she had not had any African American visitors in her
apartment. The analyst's testimony was invalid because there is not sufficient empirical
data on the frequency of various class characteristics in human hair to determine that
hairs are "unusual." Gregory was convicted and sentenced to 70 years in prison.
He contacted the Innocence Project after his appeals failed, asserting his innocence. The
Innocence Project proceeded to locate, preserve, and secure the release of the hair
evidence. The hairs were tested using mitochondrial DNA testing, a relatively new form
of DNA testing. Initially, one hair was tested and excluded Gregory as the source. Before
agreeing to release Gregory, however, the prosecution insisted that the rest of the hairs be
tested. The state had the hairs tested at their own expense. These results of further testing
also excluded Gregory.
When he was released in 2000, William Gregory became the first person to be exonerated
by mitochondrial testing alone and the first inmate to be exonerated based on DNA
testing in Kentucky. He had served seven years of his sentence.
