Ben asked his wife to divorce him so she could move on with her life, as he felt their relationship was causing her unhappiness and emotional pain.
Jim McCluskey found that the eyewitnesses could not have physically identified anyone from the distance they were at, and discovered that the jailhouse informant had received a deal to reduce his sentence, contradicting his trial testimony.
Judge Magnus believed Ben was innocent because he found the investigation and trial flawed, and concluded that Ben was likely caught in a case of tunnel vision by the police, who ignored a more likely suspect, Michael Hubbard.
The Court of Criminal Appeals required indisputable new evidence, such as DNA or video proof, to reverse a conviction, and since none of that existed in Ben's case, they denied his release.
They found a new alibi witness, the younger brother of Ben's original alibi, who confirmed he was with Ben at the time of the crime. They also got key witnesses from the original trial to recant their testimony, including Jimmy Cotton, who admitted he felt pressured by the police and Gladys Oliver.
Texas has limited the use of jailhouse informants and now requires prosecutors to turn over all evidence to the defense, making it a model for other states aiming to prevent wrongful convictions.
In May 2023, the Court of Criminal Appeals ruled that Ben had not received a fair trial, and the district attorney dismissed the charges based on innocence, officially exonerating him after 37 years.
Ben Spencer's case highlights the flaws in the justice system, where getting an innocent person out of prison often depends on luck, despite the availability of evidence suggesting innocence.
In part two of our story about Ben Spencer, a man sentenced to life in prison for a crime he said he didn't commit, former NPR correspondent Barbara Bradley Hagerty begins her own investigation. She returns to the scene of the crime and reinterviews witnesses. Hagerty finds new evidence of Spencer's innocence. And yet, the courts refuse to release him. In this episode of The Sunday Story from Up First, a look at what finally happens to a man who pinned his hopes on the idea that the truth would eventually set him free.Learn more about sponsor message choices: podcastchoices.com/adchoices)NPR Privacy Policy)