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Colorado DNA Re-Test Exonerates Innocent Man

Denver Criminal Defense Attorney: DNA Tests

The Justice Review Project, newly created by the Colorado Attorney General's Office, exonerated a Colorado man convicted and sentenced to life in 1996 for a Sexual Assault and Murder he did not commit. As the public has been made aware of the inaccuracies of DNA testing in its infancy, prosecutors all over the country have begun re-testing DNA used in older cases. The wrongfully accused man was living in the town of Palisade (Mesa County), near the victim at the time. The man now accused of committing the crime is already serving a life sentence for the rape and murder of a Fort Collins woman.

Aurora Criminal Lawyer: DNA Re-Testing is Important

While the Attorney General, along with the District Attorneys in Denver, Arapahoe, Adams, and Jefferson County, seem incredibly pleased with themselves for helping to bring about "justice", most Colorado criminal defense attorneys would agree that these efforts are too little, too late. For years we have been pushing for the re-testing of DNA evidence, and prosecutors have fought it, going so far as appealing to the U.S. Supreme Court who ruled that having DNA tested after a conviction is not a Constitutional right. Even this man had appealed and asked for DNA to be retested and was denied.

Arapahoe County District Attorneys: Not Soft on Crime

I was asked today what I thought motivated prosecutors, and the first thing that popped into my mind was "Cover Your Butt". Everybody answers to somebody. Deputy District Attorneys in Weld, Larimer, and Douglas County answer to the chief of their division who answers to the District Attorney who answers to the people who elected him of her. DDAs are pressured to maintain a high conviction record, and while a lot of them are quite fair as individuals, none of them want to appear "soft" on crime to their colleagues

Sexual Assault Attorney in Jefferson County: Appearance is Everything

In this case, the evidence against him was circumstantial and the DNA evidence against him was not conclusive at the time of his conviction. It makes me wonder if the prosecutor looked at the evidence, knew he might have the wrong guy, and plowed ahead towards a conviction anyway because he didn't want to look bad in front of his colleagues or boss.

If you have been wrongfully accused of a crime in any Colorado County, do not let prosecutors bully you into a conviction. At the O'Malley Law Office, we will question every piece of evidence they claim to have against you. Be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.

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Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

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