Texas man Benjamin Spencer who spent decades in prison after being wrongfully convicted has been exonerated, his lawyer says

DALLAS COUNTY, Texas — A Texas man who spent 34 years in prison after being wrongfully convicted of aggravated assault was exonerated Thursday, according to his attorney.

A Dallas County judge has granted a motion by the district attorney’s office to dismiss charges against Benjamin Spencer, 59, who was initially convicted in 1987 of murder in the carjacking death of Jeffrey Young.

“It’s a good day,” said defense attorney Cheryl Wattley, who said she has worked on Spencer’s case for more than 20 years. “I’m trying not to cry.”

Wattley said Spencer is trying to live his life honorably and “trying to be an example that others can look up to.”

Wattley also praised Dallas County Criminal District Attorney John Creuzot for taking a serious look at evidence that was discredited in the case.

“It took the district attorney and his commitment to justice to make this happen after the four previous district attorneys failed to take action,” Wattley said.

“This day has been a long time coming. I am relieved and honored to be able to help right this injustice,” Creuzot said.

Spencer, who has maintained his innocence, later had his 1987 conviction overturned. He was then retried and convicted and sentenced to life in prison for the aggravated robbery of Young.

“Benjamin Spencer is truly innocent. There is no physical or credible evidence that he was in any way involved in this crime,” said Deputy District Attorney Cynthia Garza, who heads the office’s Conviction Integrity Unit.

Prosecution witnesses, including a jailhouse informant who pleaded for leniency, gave false testimony, Creuzot said. He added that prosecutors at the time also failed to provide the defense with evidence that would have excluded Spencer from the crime, including fingerprints.

Spencer was released on bail in 2021 after the district attorney’s office found that his constitutional rights were violated and he did not receive a fair trial due to false testimony and withholding of evidence.

The Texas Court of Criminal Appeals overturned his conviction earlier this year and sent the case back to Dallas County.

Spencer is among the 60 longest-serving inmates who have been acquitted of crimes, according to data maintained by the National Registry of Exonerations.

Under Texas law, Spencer is entitled to a lump sum payment of up to $80,000 per year for each year he is incarcerated and an annuity, Wattley said.