California authorities crumble

I mentioned this case two days ago

Riverside County attorneys won't contest the innocence of a man who served 12 years in prison but was later exonerated for a rape and robbery he didn't commit.

Herman Atkins, now 40, was released from prison in 2000 after DNA analysis ruled him out as the source of semen on the rape victim's sweater. Atkins is now suing the county, alleging a sheriff's detective fabricated evidence and misrepresented proof in court to secure a conviction. The DNA analysis that ultimately exonerated him was not available during his 1988 criminal trial.

Lawyers defending the county had suggested the DNA evidence was questionable and should not be admitted at the upcoming trial, scheduled to begin Aug. 29. In a hearing Tuesday, U.S. District Judge Percy Anderson asked the defense if it planned to contest Atkins' innocence. "We are not going to dispute Mr. Atkins' innocence in the trial," replied attorney Arthur K. Cunningham.

Still, county lawyers argued the evidence of Atkins' innocence was not relevant in the wrongful-conviction case because the DNA technology was not available at the time of the prosecution. Atkins' attorney, Peter Neufeld, argued that evidence was critical to the case. Anderson did not rule on whether the DNA evidence was admissible. He denied a motion by attorneys to preclude the defense from disputing Atkins' innocence.

Report here



(And don't forget your ration of Wicked Thoughts for today)