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Supreme Court Hears DNA Case
Today, the Supreme Court will start hearing a case that debates whether a convicted rapist has the constitutional right to perform DNA testing on genetic material gathered at a crime scene in Alaska over 14 years ago.
In 1994, William Osborne received a 26-year prison sentence after he was convicted of assault, sexual assault and kidnapping. He claims that modern, more advanced DNA tests can prove he was wrongfully convicted of these crimes.
While 43 states, as well as the federal government, give convicts access to DNA tests (particularly in older cases in which DNA testing was never done due to lack of this technology at the time), seven states in the U.S. don’t have laws giving this right to convicts. Alaska is one of these seven states.
Details of the Case
In 1993, two Alaskan men picked up a prostitute, drove her to a secluded location and severely beat her with an axe handle. After forcing her to engage in various sex acts, they shot the woman, partially covered her with snow and left her for dead.
Despite the violent nature of these crimes, the prostitute survived and ultimately testified that Osborne was one of the men who brutally attacked and raped her. The other man convicted of these crimes also affirmed Osborne’s participation.
At the time of his arrest, Osborne confessed to the crimes. While the convict is now professing his innocence, he and his lawyer claim that the initial confession was given out of Osborne’s desire to expedite the case, as he knew he was going to be convicted of the crimes due to compelling eyewitness testimony.
Should Osborne Be Allowed to Use DNA Tests?
In the appeals to his conviction, Osborne has asked the court to grant him permission to use more sophisticated, modern-day DNA tests to prove his innocence. According to Osborne and his attorneys, the DNA tests of modern times are far more technologically advanced than those used at the time of his trial and conviction. If allowed to use these tests, Osborne claims he can prove he was not involved in the rape, beating and kidnapping.
One Court of Appeals has already ruled that Osborne should be granted access to modern DNA tests, as the point of the conviction is to serve justice, and justice will not be served if an innocent man is being imprisoned.
The Supreme Court is expected to issue its decision in the coming weeks.
(Source: New York Times)
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Ohio Man Freed After 18 Years in Prison
A man who spent 18 years behind bars was recently released after he was proven innocent of his charges.
The man was charged and jailed for allegedly raping a 10-year-old girl in Ohio.
Man Accused of Rape
Robert McClendon, 52, was convicted of taking a 10-year-old relative from her backyard, blindfolding her and taking her to his house before raping her.
The victim reportedly told staff members at a hospital about the rape the day after it happened.
DNA Proves Man’s Innocence
After 18 years in prison, a lab re-examined the case and discovered that the DNA profile didn’t match evidence found at the crime scene.
The DNA was re-evaluated when DNA Diagnostics Center, a lab from Cincinnati, agreed to conduct tests on the prisoners for free.
Authorities had reportedly thrown away swabs from the victim’s medical exam, which is typically the best evidence for testing in cases involving rape.
“To be in prison for 18 years for something you didn’t do and the know you are going to walk out of court a free man, that’s a lot to take in one day,” says McClendon.
(Source: New Haven Register)
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Man Receives Funds for Wrongful Conviction in Louisiana
A man who was wrongly imprisoned for 26 years at the Louisiana State Penitentiary at Angola was recently freed and cleared of his convictions.
The man was accused of a rape he did not commit and now, with the help of Rep. Frankie Howard, he will be compensated for his lost time.
Innocent Man Arrested and Imprisoned
Rickey Johnson was arrested in 1982 for breaking into a woman’s home in the middle of the night and raping her.
He was sentenced to life without parole and has been imprisoned ever since.
DNA Testing Proves Innocence
In 2007, the Innocence Project joined forces with Johnson’s attorney and they conducted DNA testing on evidence collected the night of the rape.
The DNA profile reportedly did not match Johnson, but instead matched one of the inmates he had befriended in prison who was charged with another rape in the same apartment complex.
“If police and prosecutors had not focused on Ricky Johnson so early in their investigation and if proper eyewitness were identified, the real perpetrator might have been brought to justice sooner,” says Vanessa Potkin, from the Innocence Project.
Compensation Given to Free Man
Although the $150,000 paycheck Johnson will receive won’t give him back all the years he spent in jail, Johnson and his family are happy and relieved that justice has finally be served.
“I am not the man who committed this rape, all I want to do is go home,” said Johnson when he was released.
(Source: Leesville Daily Leader)
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