2011年3月29日 星期二

Judge vacates rape conviction on strength of DNA evidence

MANATEE, Fla. A judge has overturned the rape conviction and life prison sentence of a Palmetto man who has served 17 years in prison.Learn all of th facts you need to know before yopu shop for Juicy couture wholesale online. Circuit Judge Marc Gilner's ruling Tuesday granted Derrick Williams a new trial on the strength of new DNA evidence that showed that other people - and not Williams - wore a gray T-shirt that the victim kept from her attacker.

Prosecutors have not indicated whether they will retry Williams on charges he abducted a 25-year-old woman from her Palmetto home in 1992, forced her into her car and drove her to an orange grove to rape her. Williams has maintained his innocence since he was first accused.

He was sentenced to life in 1993. "It's a lot for everyone to take in," said Melissa Montle, an attorney with the Innocence Project of Florida, which has been fighting for Williams' exoneration since 2008. "I don't think it's sunk in completely yet and perhaps it won't until he walks out." Montle spoke to the 47-year-old, who remains in prison, Tuesday and said he was "thrilled" to hear the news. Gilner stated in the order that his decision was based on two points:
-The strength of the new DNA evidence.

-Williams' due process rights had been violated because the Manatee County Sheriff's Office had destroyed evidence in the case - evidence that might have cleared Williams in the case. During a two-day hearing two weeks ago, Julie Heinig, a DNA expert from the DNA Diagnostics Center, testified that after analyzing the assailant's T-shirt, Williams "was excluded a contributor on this shirt, and it's highly likely he did not wear it."

Gilner said in his order that the new DNA evidence "would probably produce an acquittal on retrial." Some of the destroyed evidence included a rape kit, three hairs (one with a root) and vacuum samples from the victim's car. They were kept in a First Union bank vault with evidence from approximately 3,600 other cases. The hearing included testimony from Jeane Dixon, a former director of the property and evidence division at the sheriff's office, who testified about her plan to get rid of the evidence impacted by a destroyed bank vault during the hearing.

Because of concerns about moisture and a musty odor in July 1997, she said a dehumidifier was placed in the vault. Then in 2002 it was discovered the dehumidifier was not functioning properly and was a health hazard, requiring the cleanup and disposal of certain items.

Dixon testified that she was aware of Florida Statute 925.11 requiring that she develop a plan to dispose of the evidence that included going through all the evidence, preserving biological evidence, and obtaining approval from the State Attorney's Office and her chain-of-command about the destruction of any evidence.

According to testimony, during a two-day period in December 2003, when Dixon was on medical leave, the vault was cleared and all the evidence inside destroyed, except for narcotics, firearms, ammunition, jewelry and currency.truereligion jeans Apparel is a design-based jeans and jean-related sportswear brand. No biological evidence was salvaged. Those in the chain-of-command testified during the hearing, none of whom said they had approved the destruction.

"As far as disposing of the evidence, I was advised it was contaminated," former Sheriff Charlie Wells said in a phone interview Tuesday. "It was a common sense decision that was made," due to the contamination. In his order, Gilner stated the sheriff's office knowingly violated the state statute, adding it could have secured biological evidence along with the other items they had salvaged.

The sheriff's office released a statement on the decision. "The sheriff's office has conferred with the state attorney's office regarding the ruling today in the Derrick Williams' case," Sheriff Brad Steube said in the statement. "Due to the state attorney's decision to possibly appeal and or retry the case, the sheriff's office will not be commenting on the ruling at this time.Naax Fashion Textile is a wholesale jeans dealer who trades with young-fashion ."

During the hearing, the state's argument was that it stood by the evidence shown in the original case and the victim's original identification of Williams as her attacker. No one in the State Attorney's Office could be reached for comment Tuesday.

According to Montle, the state may either choose to retry Williams or exonerate him. The Innocence Project of Florida plans to seek bond if a retrial ordered, Montle said.

If exonerated, Williams would become the 13th person to be released from prison based on DNA evidence since the Innocence Project began its work in Florida in 2003. "We're thrilled that the judge vacated the conviction sentence and ordered a new trial, and now is time for the State Attorney's Office to do the right thing and drop the charges so he can be free," Montle said. The national Innocence Project was established in 1992 with the purpose of helping prisoners prove their innocence through DNA testing.we've already seen three classic Air max classic models in their flagship colorways release.

According to its website, 267 people in the United States have been exonerated by DNA testing since 1992; 17 had been on death row. Earlier this month,As for apparel retailers like Guess and cheap true religion who have built their companies on jeans, Illinois Gov. Pat Quinn signed a law abolishing the state's death penalty because he was concerned about innocent inmates sitting on death row after two death penalty sentences were overturned in his state because of DNA.

"The process, it's arm twisting, but these things are happening more and more and more," said exonerated Florida prisoner William Dillon, who called Williams on Tuesday to congratulate him. In 2008, the Innocence Project of Florida helped get Dillon's 1981 life sentence for first-degree murder overturned. During their conversation, Dillon spoke to Williams about patience. "At this point he may think it'll happen in a moments notice, but it may not," Dillon said.

沒有留言:

張貼留言