In a statement Thursday, the Dallas County district attorney's office says it'll ask the judge Friday morning to clear Dale Duke of the 1992 indictment.
Duke had entered a no contest plea to the charge but refused to sign a confession. He was placed on 10 years' deferred adjudication and required to attend sex offender treatment. In 1997, the treatment program kicked him out for refusing to admit he committed the offense, so he was sentenced to 20 years in prison.
In 1998, the DA's office learned the complaining witness recanted but previous prosecutors failed to disclose it.
