A Tulsa man who spent 24 years in prison for a wrongful rape conviction was cleared from all sex offender registries Tuesday – with the help of the victim in the original case.
Henry Jamerson was convicted in 1991 for rape and other counts related to the assault of Kayleen Davis and robbery of Ma Bell’s restaurant in Tulsa. His conviction was overturned in July after a DNA sample used against him was shown to belong to another man.
Davis said police decades ago convinced her to identify Jamerson as her rapist even though she’d never seen him before. On Tuesday, Davis formally supported the legal move to get Jamerson off the Oklahoma sex offender registry.
“He didn’t do this. He shouldn’t have to keep suffering or being messed with by the police department or anyone else. He has been innocent since day one,” Davis said after leaving the courtroom.
Tulsa County District Judge David Guten granted Jamerson’s request several hours after his Tuesday hearing. Jamerson’s attorney Dan Smolen said he and his client were “grateful” for Guten’s decision.
Tulsa police arrested Jamerson last Thursday on suspicion of failure to register as a sex offender. Police records showed Monday that Jamerson was noncompliant with the registry, but his jail record from the booking says, “wrong defendant arrested.”
Police spokesperson Richard Meulenberg argued Jamerson had not been removed from the registry as of Thursday.
Public Radio Tulsa has requested bodycam footage of Jamerson’s arrest.
In his statement, Meulenberg also noted Tulsa County District Attorney Steve Kunzweiler appealed Jamerson’s overturned verdict. The move is currently at the Oklahoma Court of Criminal Appeals.
Kunzweiler said he will respect OCCA’s finding.
“However, given the ruling of the District Court, at this time the requirements for sexual offender registration may be moot,” a statement from the DA’s office reads. “We will abide by the rulings of the appellate courts – whatever they may be.”
During the court proceedings, Smolen mentioned to Judge Guten he wants to unseal an internal TPD investigation he believes shows the department intentionally tried to hide the DNA sample that would exonerate Jamerson.
Meulenberg declined to comment on the internal investigation related to the incident Smolen referenced because it was not public record as of Tuesday. But he did say a member of TPD was demoted because of the investigation.
Davis said she would “fight with (Jamerson) to the end until this is done.”
“I know there’s a lot that has went through (Jamerson’s) mind over the years of having to sit in a prison cell over the years and be innocent, and I be the one to believe them that the DNA matched,” said Davis.
Jamerson said legal proceedings can be frustrating because of delays but said he is cooperating.
“I just take it one day at a time, let the procedures fall in place,” Jamerson said.
