A judge has dismissed all charges against a man convicted in 1985 of the killing of a couple in a church in South Georgia and exonerated him after spending two decades behind bars
July 19, 2021, 10:31 p.m.
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BRUNSWICK, Georgia – A judge Monday dismissed all charges against a man convicted of killing a couple in a church in South Georgia in 1985 and exonerated him after spending two decades behind bars, the lawyers said Man.
Stephen Scarlett, Superior Court Justice of Glynn County, granted a motion by the prosecutor to dismiss the case against Dennis Perry, 59. Scarlett gave Perry a try last year after DNA found at the scene matched another suspect during re-investigation of the case. He also ordered Perry’s release from prison while prosecutors decided whether the charges should be brought again.
Brunswick District Attorney Keith Higgins, who took office in January, decided not to pursue the case.
“There are times when seeking justice means making up for an injustice,” Higgins said, according to WTLV-TV. “Although this case was prosecuted prior to my tenure, the new evidence suggests that someone else murdered Harold and Thelma Swain.”
Perry, who had protested his innocence, said in a statement that he “knew that someday someone else would see the truth.”
“This indictment has hung over my head for over 20 years and it is a great relief to finally stop worrying about being charged with this terrible matter,” he said.
The Swains were killed in 1985 at the Rising Daughters Baptist Church in Waverly, Georgia.
Perry was convicted in 2003 mainly on the testimony of his ex-girlfriend’s mother who said Perry told her he was planning to kill Harold Swain. The state did not disclose to the defense that the woman received a $ 12,000 reward for testifying. Perry received two consecutive life sentences.
The new DNA evidence has suspected another man in the killing. Authorities were brought to this suspect after the Atlanta Journal-Constitution reported his alibi was fabricated, Perry’s lawyers say.
“We are very excited that Dennis and his family can now begin the long recovery and healing process,” said Jennifer Whitfield, attorney with the Georgia Innocence Project, which, along with the law firm King & Spalding, did so little to secure Perry’s relief to condemn and yet so much to reverse an unlawful conviction. “
