WRONGFUL RAPE CONVICTION IN CALIFORNIA DUE TO POLICE MISCONDUCT

A former Lodi man whose conviction was tossed out of court after he served 10 years in prison for a crime DNA later showed he did not commit, has filed a claim against the city of Lodi. Peter Rose was convicted of raping a 13-year-old girl in 1994 after the alleged victim named him as the man who grabbed her from behind and dragged her into an alley behind the 400 block of Eden Street. In 2004, the girl later admitted she had no idea who raped her, and DNA evidence later cleared Rose of the crime. He was released from Mule Creek State Prison in Ione after a San Joaquin County judge tossed his conviction in October 2004.

Rose's three children have also filed claims against the city. In his claim, usually a precursor to a lawsuit, Rose alleges that members of the police department used interview techniques that "were so coercive and abusive" to the alleged victim that the interviewers should have known "the techniques would and did yield false information," including the identification of Rose as the perpetrator.

Rose, now 37, also alleges members of the police department "deliberately concealed evidence" they should have known would clear Rose's name and "pressured and coerced" others involved in the investigation to "alter and suppress exonerative evidence," according to the claim.

Transcripts from a portion of a police interview with the alleged victim, now 24, indicate the girl adamantly denied knowing who had attacked her. The News-Sentinel is not naming her since she was sexually assaulted. "I'm telling you I don't know who it was," the girl told police detectives Matt Foster and Ernie Nies, according to the transcript.

Both Foster and Nies are named in Rose's claim. It also states Rose was unable to have normal interactions with his children, family and friends and missed out on family events and business opportunities as result of the wrongful conviction and subsequent jail time.

Rose seeks from the city damages in excess of $25,000. The date of loss is listed as Feb. 18, the date the order of exoneration was entered. The city, however, did not receive the claim until April 28. Claims filed by Rose's children each seek damages in excess of $25,000 because the children were denied the right to associate with their father as result of the wrongful conviction. All four claims are scheduled to go before the Lodi City Council at its meeting Wednesday. City staff has recommended the council deny the claims, which is a routine action.

(Report from here)


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