A man who was shot by cops and falsely imprisoned for rape has been exonerated after 19 years behind bars.
Termaine Joseph Hicks was shot in the back in 2001 by Philadelphia police officers after he reached into his pocket for his cell phone to call 911 after discovering a woman who had just been assaulted.
The two police officers, Marvin Vinson and Dennis Zungulo, told a jury that Hicks pulled a gun on them, claiming that the then 26-year-old was standing over the victim with his trousers down, the Washington Post reports.
He was subsequently sentenced to 25 years behind bars, the maximum sentence in the US for rape, despite there being no evidence linking him to the crime.
However, in a momentous ruling for Hicks, Philadelphia judge Tracey Brandeis-Roman vacated the conviction on Wednesday, December 16.
"I am quite cognizant of the pain and the trauma of the victim, and then more pain in realizing that the wrong person was convicted," the judge said.
In an interview with the Philadelphia Inquirer, Hicks, who has finally regained his freedom after 19 years, said that it is "unfortunate and sad" that it took almost two decades for his name to be cleared.
"I've been saying the same thing since day one. The things that are promised to citizens should be delivered: a fair trial, and a fair look at what's being presented," he said.
Vanessa Potkin, a lawyer for Innocent Project, said that the evidence in the case suggested that Hicks was actually framed and a gun was planted on him.
Hicks underwent emergency surgery after one of the bullets caused his lung to collapse.
"He had his hand in his pocket because he was going to attempt to call the police when they arrived and shot him in the back," Potkin said.
She added: "Police claimed that Mr. Hicks had a gun on him as part of their effort to cover up the circumstances of the shooting, but the weapon that was attributed to Mr. Hicks was registered to an active Philadelphia police officer."
The victim of the sexual assault, who suffered an injury to her head, was unable to identify her attacker.
In the wake of Hicks' trial, surveillance footage emerged showing a man fleeing the scene in a grey hoodie after dragging the woman into an alleyway. The coat Hicks was wearing on that day did not have a hood.
Conviction Integrity Unit chief, Patricia Cummings, said that it cannot be said that the officers' testimony did not contribute to Hicks' conviction.
