March 18, 2021
In September 2016, Albert Wilson, a 20-year-old college student at the University of Kansas, was falsely accused of raping a young woman he met at a bar. Albert is Black and his accuser is White. The interaction between them lasted only 15 minutes, but it changed Albert’s life forever. In January 2019, he was convicted by an all-white jury despite no physical evidence of sexual intercourse and an impossible timeline. On April 3, 2019, Albert was sentenced to more than 12 years in prison.
On May 14, 2019, Albert appealed his case to the Kansas Court of Appeals, represented by DRC founder and President, Josh Dubin, and local Kansas attorney, Michael Whalen. On February 6, 2020, the Kansas Court of Appeals sent the case back to the Douglas County District Court for a hearing to decide whether Albert should get a new trial, based on ineffective assistance of trial counsel.
At the hearing, Dubin and Whalen presented evidence that was in the possession of Albert’s trial attorney, but that he never reviewed or presented at trial – evidence that posed serious questions about the alleged victim’s credibility. Albert’s trial counsel admitted that he received – but failed to review – critical data from the alleged victim’s cell phone, including text messages and photos that contradicted her trial testimony. Trial counsel testified that had he realized this evidence existed, he could have more effectively cross-examined the alleged victim and others who testified. Even the Assistant District Attorney handling the case acknowledged that “the text messages . . . seem to indicate that she (Doe) had a bit more experience with alcohol and mental-health treatment than she revealed to” the forensic psychologist who evaluated her.
In fact, Albert’s trial counsel admitted to a host of other material errors. He failed to object to the testimony of the State’s forensic psychologist, who falsely claimed to have confirmed the alleged victim’s story through “more than one source.” He failed to request unredacted portions of a key expert report, which suggested that the alleged victim’s perception may have been altered. Dubin and Whalen demonstrated that these were not strategic decisions by trial counsel, but were the result of ineffective assistance.
For years, Albert, his family, his community, and his new attorneys have fought tirelessly to get him justice. On Tuesday, Douglas County District Court Judge Sally Pokorny brought him one step closer to that goal by granting Albert a new trial. In her ruling, Judge Pokorny agreed that “there is a substantial likelihood the outcome of this case would have been different” if the defense attorney had reviewed and put before the jury certain evidence. The judge ordered that Albert be transported back to Douglas County for immediate pre-trial release. Dubin and the state are due back in court on March 23 for Albert’s bond hearing.