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Univ. of San Diego School of Law

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Thursday, September 6, 2007

Death Row Inmate Cleared by DNA will be. . . Retried?

From NYTImes.com: The scene in the tiny Noxubee County, Mississippi jail on a rainy afternoon has become almost commonplace. Kennedy Brewer, sentenced to death and locked up for 15 years for the rape and murder of a 3-year-old, was released on the strength of a DNA test showing that the semen in the rape kit was not his.

But Mr. Brewer is not free and clear. He is only out on bail.

In a move that appears to be novel, prosecutors intend to retry him for the crime.

Virtually no effort has been made to find the man who raped the girl, Christine Jackson, and dumped her body in a creek in Noxubee County, one of the most rural in the state.

This is the first time prosecutors have sought a new capital murder trial after a conviction was overturned by DNA evidence, said Peter Neufeld, director of the Innocence Project, a legal aid group based in New York that has used DNA testing to exonerate the wrongly convicted since 1992. Usually such cases are simply dropped. Rest of Article. . . [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2007/09/death-row-inmat.html

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