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DNA Test Clears Convicted Rapist 24 Years On

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DNA Test Clears Convicted Rapist 24 Years On Empty DNA Test Clears Convicted Rapist 24 Years On

Post by Guest Fri Jul 25, 2014 2:27 pm

DNA Test Clears Convicted Rapist 24 Years On Mugshot-1-522x293

A man who served 12 years in prison for a rape he did not commit is set to have his name cleared after DNA testing identified another man as the culprit.

Michael Phillips pleaded guilty to the 1990 rape of a 16-year-old girl because his lawyer advised him to avoid going to a trial.

Now Dallas County District Attorney Craig Watkins will ask a judge to exonerate Mr Phillips and delete his criminal record.

"I never imagined I would live to see my name cleared," said Mr Phillips, who suffers from sickle cell anaemia and uses a wheelchair.  "Six of my siblings died from the same disease, so I thank God for sustaining me in prison," he said in a news release from the district attorney's office.   I always told everyone I was innocent and now people will finally believe me."

Mr Phillips said his lawyer at the time told him not to go to trial because a jury would likely not side with a black man accused in the rape of a white girl.

Furthermore, the victim had picked him out of a photo line-up.

Mr Phillips' reversal of fortune is due to an ongoing project by Mr Watkins, who is testing old rape kits.

Mr Watkins said there was no DNA from Mr Phillips to compare to the profile from the semen in the rape kit.
But when the semen was put into the FBI's database, another person was identified as the culprit.

Mr Phillips, 57, was released in 2002 but his failure to register as a sex offender later landed him back in jail for six months.

He now lives in a nursing home.

The statute of limitations has expired on the crime and the perpetrator who was identified remains free, the AP news agency said, citing a district attorney's office spokeswoman.

http://news.sky.com/story/1307396/dna-test-clears-convicted-rapist-24-years-on

Some great legal advice there  No at least his now has his name cleared.  I guess it shows the amount of prejudice there was even in 1990 and the real rapist gets away with his crime.

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DNA Test Clears Convicted Rapist 24 Years On Empty Re: DNA Test Clears Convicted Rapist 24 Years On

Post by Original Quill Fri Jul 25, 2014 5:38 pm

Yep. Happens a lot.

Lawyers just don't make money taking the poor to trial.

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DNA Test Clears Convicted Rapist 24 Years On Empty Re: DNA Test Clears Convicted Rapist 24 Years On

Post by Guest Fri Jul 25, 2014 6:30 pm

American Un-Justice.

Thankfully our public defenders fight for their clients.

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Post by Original Quill Fri Jul 25, 2014 6:34 pm

Sassy wrote:American Un-Justice.  

Thankfully our public defenders fight for their clients.

It's worse in the UK. They don't even allow contingency cases, in civil matters. Law is a rich man's tool in Britain.

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Post by Guest Fri Jul 25, 2014 7:00 pm

Original Quill wrote:
Sassy wrote:American Un-Justice.  

Thankfully our public defenders fight for their clients.

It's worse in the UK.  They don't even allow contingency cases, in civil matters.  Law is a rich man's tool in Britain.

Er - deflection, we are discussing the defending on criminal charges.

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DNA Test Clears Convicted Rapist 24 Years On Empty Re: DNA Test Clears Convicted Rapist 24 Years On

Post by Original Quill Fri Jul 25, 2014 7:26 pm

Sassy wrote:
Original Quill wrote:

It's worse in the UK.  They don't even allow contingency cases, in civil matters.  Law is a rich man's tool in Britain.

Er - deflection, we are discussing the defending on criminal charges.

A distinction without a difference. Law is unreachable in the UK for the common man.

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DNA Test Clears Convicted Rapist 24 Years On Empty Re: DNA Test Clears Convicted Rapist 24 Years On

Post by Original Quill Fri Jul 25, 2014 7:38 pm

Lone Wolf wrote:Cool 

PITY they don't "name and shame" those victims who go on to destroy innocent people's lives ~ then they might be a bit more careful where they point their finger...

I HOPE someone is able to sue the state for a $$couple of million$$ in compensation for Michael Phillips and his nearest family..

********************************************************

FORTUNATELY there is no "statute of limitations" on such serious crimes as murder, rape, child abuse, kidnapping, treason and war crimes, and the like, over here in Oz.

 cyclops 

Some states set up funds to compensate the injured parties, but they are generally too little, and usually too late. The make victims jump through hoops, and then deny claims through two or three stages of appeal, before they pay out.

The legislation exists primarily to cap compensatory damages.

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