Dotson Freed but Is Not Pardoned in Rape Case : Illinois Governor Commutes Sentence, Says He Does Not Believe Webb’s Recantation Testimony

Saying that he does not believe Cathleen Crowell Webb’s recantation of testimony that sent Gary Dotson to prison six years ago, Illinois Gov. James R. Thompson nevertheless freed the convicted rapist Sunday, commuting Dotson’s sentence to time served.

“No good purpose would be served--justice would not be served--by returning Gary Dotson to prison,” the governor said at a news conference. He noted that Dotson has served “a long time” and that the victim, Webb, “clearly does not want him to serve another day.”

The decision was made after 24 witnesses testified during three days of unusual clemency hearings before Thompson and the Prisoner Review Board. The board’s recommendation to the governor was non-binding and remains secret by law.

Thompson refused to grant Dotson a pardon based on innocence, saying that “most, if not all, of Cathleen Crowell Webb’s (new) story was false. I don’t believe her testimony. Key elements were either inherently incredible or flatly contradicted by other witnesses who had no reason to lie.”

The testimony of Dotson’s alibi witnesses “did not overcome the evidence of guilt . . . and was simply not convincing,” the governor said.

Dotson, 28, smiled as he watched the governor on television at his home near Chicago. “I can’t be disappointed with him,” said Dotson, who had been freed on bond. “He did what he felt was right, and I’ll accept it.”

Dotson’s mother, Barbara, said: “I’m just grateful he’s home. It’s going to be a good day.”

Warren Lupel, Dotson’s attorney, who had argued passionately for a full pardon, said he was pleased even though “it was less than what we wanted.” He added that he would continue pursuing legal avenues to win a new trial and clear Dotson’s name.

John McLario, Webb’s attorney, said his client was “pleased that her efforts have helped release an innocent man from prison.”

He said that she would have preferred a different result and that “she did everything she could to prove her truthfulness.”

Carol Smith, Webb’s foster mother, said the governor “made a very wise decision.” Although she still believes that Webb was raped, she said Dotson has served enough time.

Webb, now a 23-year-old mother of two from Jaffrey, N.H., came forward two months ago to say she had lied about being raped by Dotson on July 9, 1977, when she was 16. She said she had fabricated the story because she had feared that she was pregnant after having sexual intercourse with her boyfriend a few days before.

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Webb, fearing that her foster parents would order her out of their home if she were pregnant, said she went to a wooded area, tore her clothing, scratched her breasts and used a broken bottle to mark her abdomen.

She testified that she made her decision to recant after she became a born-again Christian and realized that she had to make restitution for the lie that sent Dotson to jail.

However, Thompson was unconvinced. The evidence at the hearing was, “if anything, stronger than at the trial,” he said at the news conference in the State of Illinois Center auditorium, where the nationally televised hearings also took place. The jury verdict in 1979 and the denial of Dotson’s petition to vacate the conviction last month were correct, he said.

He cited three parts of Webb’s testimony that were contradicted by “witnesses who were unimpeached.” She testified:

--That the reason for her false rape report was fear of pregnancy. She testified that her menstrual periods were irregular and that she had had a period less than a month before July 7, 1977. Also, David Beirne, Webb’s boyfriend, testified that he did not complete the sex act on the weekend before the rape report, the last time that they had had intercourse. “There is no motive--eight years later--for him to lie,” Thompson said.

--That among her self-inflicted injuries was a cut on the outer area of her vagina. The examining physician found no such wound.

--That she gave no details of the rape until three days later because she needed time to concoct the story. Police Officer Anna Carroll testified that Webb gave her a detailed description on the night of the incident, in which she said she was abducted and raped by a man in the back seat of a car while two other passengers watched and laughed.

“After all that has been said and heard, this case is still troubling,” Thompson said. “It troubles me as a governor and as a citizen.

“Most, if not all, of Cathleen Crowell Webb’s (new) story was false,” he said. “I still don’t know her motive.”

The commutation was granted three years before Dotson would have been eligible for parole on a 25- to 50-year sentence for rape and aggravated kidnaping. However, the average sentence served by rapists in Illinois is less than the six years he has already served. Dotson’s commutation is subject to his good behavior for a period of time to be determined later, Thompson said.

Dotson said he had no specific plans for the future “other than to take a vacation and think about the whole situation.”

When asked if he was happy, Dotson replied: “I got to be. I’m free.”