DNA Frees Innocent Man ... Again
by TChris
Our second innocence case of the day (the first one is blogged here) involves Scott Fappiano, who was released today after serving 21 years for raping a police officer's wife. DNA tests established that he didn't do it.
Fappiano was arrested and first tried in 1984, despite blood-typing tests that failed to link him to cigarettes and stained clothing left at the crime scene. The main evidence against Fappiano was an identification by the rape victim, although he was five inches shorter than the 5-foot-10 attacker first described by the woman. The police officer, after viewing the same lineup, did not select Fappiano.
Fappiano's first jury deadlocked 11-1 in favor of acquittal. This is the poster case for the argument that charges should be dismissed after a jury hangs. The government should get one chance to convict, and that's it. Another trial increases the likelihood that an innocent man will serve time.
This is also the second post of the day to praise the Innocence Project for its good work in freeing an innocent man. How sad it is that it took 21 years for justice to arrive.
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