Some of you--my faithful readers!--may remember that almost exactly a year ago I was up to my ears helping defend a man accused of murder. I can't believe it has been a year--it went so quickly!
Oh, the case had all of the drama of a movie, or something you'd see on TV. You may remember from my earlier posts that although we did not get the defendant acquitted, the jury was hung 10-2 in favor of acquittal. I think a very telling thing about that trial was that post-trial, the judge presiding over the case dropped the bail from $750,000 to $30,000, and waived any travel restrictions against the defendant. He was literally free to travel to any state or country he chose.
Now, the defendant has gotten on with his life. Without getting into too many personal details, let's just say that he and his wife are reunited again after his long incarceration, and they are happier then ever. I feel GREAT having played a role in helping end his two-year incarceration over a crime the evidence shows he did not commit.
Nevertheless, the District Attorney has neither refused to drop the charges, nor has she or her office pursued a retrial. This was a cold-case to begin with (1992!), and the DA has a reputation for trying to clean up old cases. However, it is unconscionable to me that in light of the DNA evidence, in light of all the testimony, that the DA should even consider retrying this particular defendant.
Maybe it is time to let this case become history--or else the DA needs a new theory on who actually committed the murder.
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