The Dallas County District Attorney’s Office has announced the exoneration of Benjamin Spencer, 59, for his 1988 aggravated robbery conviction. This decision follows an extensive re-investigation by the DA’s Conviction Integrity Unit (CIU), which determined Spencer's innocence.
Dallas County Criminal District Attorney John Creuzot commented, “This day has been a long time coming. I am relieved and humbled to help correct this injustice.”
Spencer was originally convicted of murder in 1987 and sentenced to 35 years in prison. After it was revealed that a witness had given false testimony about expecting reward money, Spencer was granted a new trial. Following his second trial, Spencer was convicted of aggravated robbery and sentenced to life in prison. Throughout, he maintained his innocence.
The CIU, under DA Creuzot, began re-investigating the case after Spencer’s defense team presented new evidence. The unit corroborated this evidence and discovered that prosecutors had previously withheld evidence. CIU Chief Cynthia Garza stated, “Benjamin Spencer is actually innocent; there exists no credible or physical evidence that he was in any way involved in this crime.”
In March 2021, the Dallas County DA’s Office announced that Spencer’s conviction should be vacated due to several constitutional violations, including false testimony from the prosecution’s star witness and a jailhouse informant, as well as the suppression of Brady evidence by the State. Spencer was released on bond after serving 34 years.
In May 2024, the Texas Court of Criminal Appeals overturned Spencer’s conviction, with the decision becoming final in June 2024.
DA Creuzot noted, “There are latent print cards taken from the scene that have been lost or misplaced. At the time of the original investigation, Spencer was excluded as a match. If the cards are found, we will request the police department to run them against the database, which could provide leads.”
The exoneration involved the collaborative efforts of the Dallas County District Attorney’s Office, including CIU Chief Cynthia Garza and Investigator Seancory Patton, as well as Spencer’s defense team: Cheryl Wattley, Professor of Law and Director of the Joyce Ann Brown Innocence Clinic at UNT Dallas College of Law; Gary Udashen from Udashen/Anton in Dallas; and Jim McCloskey from Centurion Ministries in Princeton, New Jersey.
This case marks the 46th exoneration for Dallas County since the post-conviction DNA statute was enacted in 2001.
Case Details
On March 22, 1987, Jeffrey Young was discovered lying unconscious in the 3900 block of Puget Street. Young, who had sustained multiple head injuries, was transported to Parkland Hospital, where he later died. His gray BMW was found parked in an alley approximately two hours after he was found.
Initially, Glady Oliver claimed she had not witnessed anything. However, after rewards were announced, she changed her statement, alleging that she had seen Benjamin Spencer and his co-defendant, Nathan Robert Mitchell, exiting Young’s car. Oliver also provided names of other supposed witnesses.
Despite the lack of physical evidence linking them to the crime, Spencer and Mitchell were arrested. Following Spencer’s arrest, a jailhouse informant, Danny Edwards, claimed that Spencer had confessed to him about the abduction, robbery, and murder of Young.
The post-conviction investigation revealed that Oliver had given false testimony regarding whether she received or expected to receive up to $25,000 in reward money. The CIU also discovered that prosecutors had withheld evidence favorable to the defense, in violation of Brady v. Maryland and Constitutional due process, related to Oliver’s expectation of reward money.
Another witness, Jimmie Cotton, falsely testified that he saw Spencer exit Young’s car. Edwards later admitted that he had fabricated his testimony about Spencer’s confession.
In 2004, Spencer filed a writ of habeas corpus asserting his actual innocence. After 2007 writ hearings, the trial court recommended that Spencer be found actually innocent. However, the Court of Criminal Appeals denied Spencer’s claim in April 2011, despite objections from the district attorney’s office at that time.
