The Guardian UK
By Ari Schneider
Kevin Dugar claimed his innocence for years. A letter he received while incarcerated changed everything
Kevin Dugar got a letter from his brother.
It was fall 2013, and Kevin hadn’t seen his identical twin Karl in years – they were both serving time in different Illinois prisons. A murder conviction all but guaranteed Kevin, 36, would remain incarcerated well into his 70s.
As kids, the twins had been inseparable. They would dress in matching outfits, making it difficult even for family to tell them apart. They would sometimes switch places to fool their teachers and friends. And in their 20s, while selling drugs on the streets of Chicago, they would both be known by a single nickname: “Twin.” They had a special brotherly bond, an unspoken promise to always have each other’s back.
By the time Kevin received the letter, he had been languishing in decrepit conditions for years. When it rained, water would drip from the ceiling. In the summer, heat got so unbearable that Kevin would revel in the air that flowed through the crack at the bottom of his cell door. He described prison like a dog pound, except for one difference: people care more about dog pounds.
Karl’s letter started with updates about his life. “I’m about to start my post conviction in a minute,” his brother wrote. “Hopefully I get some rhythm. Oh and my daughter is about to enter high school soon.”
But the tone quickly changed, and Karl’s neat script, scrawled in black pen, began to scrunch together like he was racing to get to the end.
“Look Kevin, I’m beating around the bush with you on some shit I’ve been keeping a secret for years, and I have to get it off my chest before it kills me.
“First off, I’d like to say I’m sorry for all these years you’ve missed out of your daughter’s life and also for all the pain you’ve endured over the last decade or so.”
“You know the case you were found guilty on and you swore you were being set up on? I know you was telling the truth … I’m the reason your life got fucked up.”
The cops, he went on to confess, had grabbed the wrong twin.
“Look Kevin, please don’t tell Momma or Dad. Let me be the one to tell them.”
Sorry it took so long to get at you lil brother, a lot of shit been going on in my life and in my head… It’s just a lot going on Kevin. I’m about to start my post conviction in a minute, hopefully I get some rhythm. Oh and my daughter about to enter high school soon. Look Kevin I’m beating around the bush with you on some shit I’ve been keeping a secret for years and I have to get it off my chest before it kills me. Man I don’t no where to begin with this shit, so I’ll just come clean and pray that you forgive me. First off, I’d like to say I’m sorry for all these years you’ve missed out of your daughter’s life and also for all the pain you’ve endured over the last decade or so. You know, the case you were found guilty on and you swore you were being setup on? I know you was telling the truth about not having anything to do with it because I’m the one who shot and killed those two black stones on Sheridan that night.
Eight years before he read that letter, Kevin was handed a 54-year sentence for the killing of Antwan Taylor, a member of the Blackstones street gang. Kevin had been a member of a rival gang, the Vice Lords, though he had been desperate to leave that life behind.
Kevin had always claimed his innocence. He even declined a generous plea bargain, refusing to admit to something he did not do. But one thing never left his mind: that his twin could have been the culprit. He’d even asked him 10 years ago, as he sat in jail awaiting trial.
Karl had denied everything, and Kevin believed him.
In the end, what brought Kevin down was a stack of Polaroids, and a system willing to convict based on the testimony of a single eyewitness.
Mistaken identifications are one of the leading causes of wrongful convictions. Almost 30% of the convictions of innocent people recorded by the National Registry of Exonerations were influenced by inaccurate eyewitness IDs.
Still, eyewitnesses are routinely used as primary evidence in US courts. Sometimes, as in Kevin’s case, they are the only evidence available.
Despite their fallibility, they remain pretty convincing to the average juror – even though we know human memory to be unreliable, especially when tasked with recalling traumatic events. Shock, poor lighting and the time between a crime and the official identification are several factors that can degrade the accuracy of our memories.
And then there was Kevin, who had the…
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