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Wrongful Conviction Vacated - 16 Years in Prison Served

By TChris, Section Innocence Cases
Posted on Wed Dec 22, 2004 at 08:30:12 AM EST
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by TChris

Sixteen years into a 75 year sentence, Brandon Lee regained his freedom. DNA tests persuaded El Paso County District Attorney Jaime Esparza to join the Innocence Project in a request to vacate Lee's sentence.

In 1988, Moon was convicted of the aggravated sexual assault of an El Paso women. Both she and another sexual assault victim identified Moon as their attacker during the trial. However, recent DNA tests performed on semen evidence found at the scene cleared Moon of the crime. The tests also show that the real rapist was never apprehended.

Moon's lawyers blame the Texas Department of Public Safety's poor blood analysis for Moon's ordeal.

Update: [TL]Update here. Also see the LA Times and NY Times.

We need stricter controls on the use of eyewitness evidence and laws allowing the wrongly convicted to be compensated. In Texas, State Sen. Rodney Ellis is introducing legislation:

State Sen. Rodney Ellis,D-Houston, said his upcoming legislative package will include a bill toughening laws governing the use of eyewitness testimony in criminal proceedings. He already had announced that he would sponsor a bill increasing the amount of state compensation for wrongly imprisoned people to $50,000 for each year served, with a cap of $1 million. The amount now is $25,000, with a cap of $500,000.

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