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Abogados de la Defensa Criminal
« Underage DUI: The Zero Tolerance Law | Main  | A 20 Year Old Man Arrested for Having Sex With a 15 Year Old Girl »
  DNA Testing Clears a Man Convicted of Rape
258 people have been exonerated by DNA testing, pressuring criminologists to find out what exactly went wrong in those cases.  A big focus is being put on faulty eyewitness testimony. Over 75% of these men were convicted in part because someone pointed to the wrong person. An even more interesting fact is that in all cases where the eyewitness was wrong, the real perpetrator wasn't in the initial line-up. This raises a huge question; can eyewitness testimony be trusted?

A CBS 60 Minutes report highlights a very sad and unfortunate case, where a man's freedom is taken away because of his resemblance to a perpetrator. On the night of July 28, 1984, 22-year-old Jennifer Thompson's home was invaded and she was raped. As the rapist was violating her, Thompson studied his face and tried to remember anything she could about him so that, if she lived, she could later identify him. Thompson somehow convinced the rapist to allow her to make him a drink, and that is when she escaped.

Jennifer Thompson assisted Detective Gauldin in developing the sketch of the supposed perpetrator. The sketch went out into the public, and people began to submit tips. Amidst all the tips that came in, one of those was about Ronald Cotton. Detective Gauldin later called Thompson in to do a photo lineup, where after studying each photo carefully, Thompson picked up Ronald Cotton's photo and claimed that he was the man that raped her. Thompson later picked cotton out again in a physical line-up. During this time Cotton had given his alibi to the detective, and his alibi turned out to be faulty. During a week long trial, the court heard about Cotton's false alibi, and other evidence was presented as well. Cotton seemed to own the same clothes the perpetrator wore and a piece of foam found in Thompson's home seemed to come from Cotton's shoe. All the signs seemed to be pointing to Ronald Cotton, and to the detriment of his defense, when Jennifer Thompson was asked in court if she recognized her rapist, she pointed to Cotton and said his name. 22-year-old Ronald Cotton was handcuffed and sent to prison.

One day a new inmate came in who looked very familiar. This man was Bobby Poole and he was in for rape. Cotton questioned him, asked him who he was, where he was from, and when Cotton realized the man was from the same town as he was from, Cotton asked him if he was the man that raped Jennifer Thompson. Poole denied being Thompson's rapist, but Cotton later heard from another inmate that Poole had admitted to being her rapist. Cotton was able to win a new trial and his criminal defense attorney brought Poole to the stand. But Thompson held her claim that Cotton was her rapist, and Cotton was then convicted of two life sentences. Seven years later, Cotton hears about the OJ Simpson trial and learns about DNA. Cotton wrote to his criminal defense attorney and told him he wanted another trial and wanted to be tested for DNA. The DNA testing was done and after 11 years, Cotton found himself back in court but this time he left the court a free man. The DNA tests showed that Cotton was not Thompson's rapist, but that in fact Bobby Poole was.

If you are being wrongfully accused of committing a sex crime, we understand that you are probably very worried, confused, and scared, but we are here for you. At The Hedding Law Firm, Our skilled Los Angeles sex crime criminial defense attorneys will investigate the facts surrounding your case, contest evidence presented against you, and place every effort into your defense. Don't hesitate to call us today at (818) 986-2092.


Posted By Admin on September 29, 2010 09:06 am | Permalink 
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