DNA clears man in 1987 rape case

Twenty years ago, Marcus A. Lyons was accused of raping a woman after forcing his way into her Woodridge apartment.

The case against Lyons appeared strong: He resembled the police sketch; the victim identified him in a line-up, and his alibi didn't check out.

A jury found him guilty, and Lyons spent nearly three years in prison.

On Wednesday, the man who helped convict Lyons said new DNA results from old crime-scene evidence did not match him after all.

DuPage State's Attorney Joseph Birkett dismissed all charges against Lyons, 49, now of Gary, Ind.

"There's a serious question about his guilt," Birkett said. "We have an obligation to seek the truth and see that justice is served."

Back in 1987, when DNA technology still was in its infancy, scientists needed a much larger sample to try to glean a genetic profile. The only physical evidence that authorities had to work with in the Woodridge rape case was a semen stain on the victim's bra. It was too small of a sample to be tested.

The woman, though, told police she got a good look at her attacker.

Detectives identified Lyons, who lived nearby, as a suspect largely because he matched the composite sketch. She later identified him in a police line-up. Police also said Lyons gave differing versions of his whereabouts.

In 1988, a DuPage County jury convicted Lyons of criminal sexual assault and unlawful restraint.

Birkett, then an assistant state's attorney, and Kathryn Creswell, now a circuit judge, prosecuted Lyons.

A judge sentenced him to six years in prison. He was paroled March 15, 1991 after serving nearly three years behind bars. He never appealed his conviction, but last year his attorney filed a request for new DNA testing.

Ironically, it was Birkett who co-authored the state law that allows for such DNA tests in old cases where the technology was previously unavailable.

The DuPage County sheriff's crime lab compared Lyons' DNA against the semen evidence found on the victim's undergarment in the 1987 rape. After scientists determined it did not match, Birkett said there was no longer sufficient evidence to sustain the conviction. So, he dropped the charges. The rape case will be re-opened.

Lyons nor his attorney could not be reached for comment late Wednesday. He has the legal option if he chooses to get his criminal record expunged.

His is the latest example in the criminal justice system in which DNA has led to an exoneration.

A few years ago, a Glen Ellyn man spent a month in jail for the Jan. 13, 2002 rape of his neighbor before DNA results pointed to another man.

In the most infamous local example, Rolando Cruz spent a decade in prison, including time on death row, before DNA tests pointed to another man in the 1983 abduction, rape and murder of 10-year-old Jeanine Nicarico of Naperville.

Some experts contend law enforcement can do more to prevent false arrests. For example, police are improving their suspect identification procedures.

One technique is a sequential lineup, in which a witness views one suspect or mug shot at a time. Another is a "double-blind" lineup, where witnesses are assisted by police officers who don't know the suspect's identity.