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Published: May 11, 2008 12:30 AM
Modified: May 11, 2008 05:01 AM

Fates cross, lives change: How the system snared wrong man

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ON THE STORY

Reporter Mandy Locke has covered this case since Dwayne Dail was exonerated last August. She has reported extensively on his efforts to rebuild his life since his release.

For this report, Locke relied on police and court records in both Wayne and Wake counties. She interviewed former Wayne County prosecutor Don Strickland and Dail's attorney at the time, Shelby Benton.

Locke interviewed Artis, the 12-year-old victim from Goldsboro. Artis is now a 33-year-old mother of three, living in Wayne County.

The News & Observer does not typically identify people who report they have been sexually assaulted. Artis asked to be named for our reports.

Locke also interviewed the N.C. State senior raped in August 1987. That woman asked to remain anonymous.

Locke also spoke with J.K. Harrison, a retired Raleigh police detective who investigated the August 1987 rape. Harrison had also met Neal months before, after another officer found him peeping into a apartment near the university.

THE STORY SO FAR

The criminal justice system swiftly ensnared Dwayne Dail on rape charges and held him for 18 years despite his innocence. William Neal Jr., the man indicted last week in the crime, slipped through the system. Here is how their fates crossed in the summer of 1987.

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"He talked to me like I was his wife and we were grown," she said.

Then, he bid her good night, telling her not to peek as he slipped back out the window and ran away.

He promised he'd see her around.


Within the month, Artis had pointed out an attacker. She spotted Dwayne Dail, small and thin with bleach-blond hair, chatting with some buddies in a yard near Artis' apartment. Artis tensed up when she saw him. She told her mother that he was the man who hurt her.

Seventy miles away, trouble mounted for Neal. Harrison, the Raleigh detective, asked the NCSU victim to study a row of seven mug shots and see whether her rapist was among them. Instantly, she pointed to Neal, then paused. She reminded Harrison it had been dark, she had been terrified.

Harrison wanted to chat with Neal again, but had no address. He canvassed paint stores in Raleigh, showing Neal's mug shot and asking shopkeepers whether they knew how to reach him. Harrison hit pay dirt in a Southeast Raleigh paint store. They had an address on file, a house on Robin Place in Goldsboro.


Neal was standing in his mother's yard when Harrison and another detective pulled up one morning in December 1987.

Harrison had an arrest warrant for Neal: first-degree rape. A grand jury had returned it that month based on the woman's testimony and a hair left behind on her bed that an investigator at the state crime lab had deemed "consistent" with Neal.

Neal didn't look surprised to see the Raleigh detective again, Harrison recalls.

Harrison explained why he was there anyway. A young woman in Raleigh was raped Aug. 21. She identified you as her attacker, Harrison told him.

Neal shrugged and said he thought he was pretty sure he was home in Goldsboro that night, asleep in his mother's house.

A Goldsboro officer who had accompanied the Raleigh detectives handcuffed Neal and drove him to the Wayne County jail. They turned onto Jefferson Street, past the apartment where officers had spent the fall looking for a skinny, blond man who had raped a 12-year-old girl.


In March 1989, Dwayne Dail stared at Artis, a shy 14-year-old, small inside a wooden witness box.

Dail rubbed his smooth chin as she described for jurors the scruffy beard of her rapist. He figured he'd be home in a day or so, putting this whole mess behind him.

He wasn't the only one who felt the case against him collapsing as the girl spoke. The judge felt uneasy, too. He pulled Wayne County prosecutor Don Strickland into his chambers after Artis testified.

Offer this guy a deal, Strickland remembers the judge saying. You don't want to take this further, he advised.

Strickland tried. He offered Dail a deal that would spare him prison. The catch: Dail must plead guilty to a low-level sex offense.

Dail balked. He refused to plead guilty to something he didn't do. He'd take his chances with the jury.

The stakes were high, and Dail bet wrong.

Guilty. Guilty. Guilty. Two life sentences. Plus another 18 years.

Dail screamed as deputies dragged him from the courtroom.


By 1989, the NCSU victim had moved to South Carolina to take a job. She had finally stopped looking over her shoulder, stopped worrying about tugging her skirt hem down in case the wrong man cast a glance her way.

A Wake County prosecutor called in early 1990 and said the case against Neal was weak. It turned on her identification, and she had wavered. He asked whether she would object to letting Neal walk away. She sighed.

She was in love. She'd be married that fall. Raleigh felt a million miles away. The last thing she wanted to do was look Neal in the eye and tell a jury of strangers how he violated her.

Plus, there'd always been that doubt that crept into her mind when she tried to picture the face.

Now and again she had asked herself: What if I get it wrong and send an innocent man to prison?


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mandy.locke@newsobserver.com or (919) 829-8927
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