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Re: Man Wrongly Serves Ten Years on False Rape Charge

by Joel M. Eichen <joeleichen@[EMAIL PROTECTED] > Oct 30, 2004 at 09:12 PM

On Sun, 31 Oct 2004 01:29:25 +0200 (CEST), Anonymous via the
Cypherpunks Tonga Remailer <nobody@[EMAIL PROTECTED]
> wrote:

>The lying *****'s name is not even spelled out in the news re****t below.
>She sent away a good man for 10 years to a living Hell.  His name has
been
>besmirched forever and his tormented life ruined until the day he dies. A
>lawsuit for false imprisonment is worth One Billion Dollars if I sit on
the
>award jury.  Lodi, California should pay until doomsday for this
atrocity.
>
>>DNA frees Lodi man from prison
>>
>>By Layla Bohm
>>News-Sentinel Staff Writer
>>After spending nearly 10 years in prison for a rape conviction, a Lodi
man
>>walked free Friday when DNA evidence cleared him of the crime.
>>
>>
>>
>>Peter Rose
>>In November 1995, a jury convicted Peter Joseph Rose, now 36, of raping
a
>>13-year-old Woodbridge Middle School girl. He was sentenced to 27 years
in
>>state prison.
>>
>>But on Friday a San Joaquin County judge overturned the conviction,
citing
>>new results of DNA evidence from the crime scene. The results showed
that
>>there was no link between Rose and the DNA -- retrieved from the semen
>>found on the girl's underwear -- and he was released from Mule Creek
State
>>Prison the same day.

Coincidentally, same prison, same time frame ......... I am reading
this Weinberg book. For a clear understanding of where we are with DNA
technology, read it.

Joel

***



Pointing from the Grave: A True Story of Murder and Dna, Library
Edition [UNABRIDGED] 
by Samantha Weinberg, Nadia May

 

Publisher: learn how customers can search inside this book. List
Price: $62.95 
Price: $62.95 & This item ****ps for FREE with Super Saver ****pping.
See details   
Availability: Usually ****ps within 24 hours from Amazon.com
Only 1 left in stock--order soon (more on the way). 
 

7 used & new from $39.66 

Edition: Audio Cassette
 

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--------------------------------------------------------------------------------
Editorial Reviews

From Publishers Weekly
Weaving together cutting-edge genetics and forensic criminology,
courtroom drama and multiple perspectives, Weinberg's book is an
ambitious and riveting tale of crime and the science that has been
developed to counter it. In 1984, Helena Greenwood, a chemical
pathologist and successful executive in the burgeoning biotech
industry, is ***ually assaulted in her San Francisco home. Paul
Frediani is eventually arrested as the primary suspect-after he is
caught exposing himself to a 13-year-old girl. But following the
initial arraignment, Greenwood is found viciously murdered in the
front yard of her new home in Southern California. Lacking conclusive
evidence, the police store Greenwood's bloodied clothing and
fingernail clippings in Ziploc bags, the case is shelved and the
murder goes unsolved for 15 years. Although this crime is not as
sensationalistic as some, Weinberg plucks out the gripping details and
fortifies her account with a crisp history of DNA, from Watson and
Crick's discovery of the double helix to the pitched legal battles
over the validity of DNA evidence. Weinberg (A Fish Caught in Time) is
at her best when she is the beat-stomping journalist faithfully
letting her well-chosen story tell itself. She is far less assured,
however, with hard-hitting metaphors ("One by one, she picks up
Bartick's points, then neutralizes them, as if killing mosquitoes with
a giant can of Doom"), and least successful when she tries to write
herself melodramatically into the story: "I have been sucked into the
spinning spirals, and even if I wanted to jump out, I do not think I
could." Thankfully, Weinberg rarely gets in the way.
Copyright 2003 Reed Business Information, Inc.

Product Description:
This is the remarkable and gripping true story of a murderer and his
victim, and the tiny molecule that linked their fates. It is both the
history of a science overlaid with human drama, and a human tragedy
inextricably entwined with science. It is about two lives made and
destroyed by DNA —and by each other. 
In 1984, Helena Greenwood, a young British DNA scientist, was ***ually
assaulted in her San Francisco cottage. A year later and 500 miles
south, she was strangled to death. The alleged rapist, Paul Frediani,
was the prime suspect, but police and forensic experts failed to link
him to the murder. The crime was consigned to the cold case file. 

Over the next fifteen years, Frediani continued his life — with a job,
children, and apparently nothing to tie him to Greenwood’s death.
Scientists, meanwhile, were beginning to use DNA to unravel the riddle
of human identity. Their discoveries beat a path from the laboratory
to the courtroom. In 1999, this prompted a determined San Diego
detective, Laura Heilig, to reopen the Greenwood file, where she
discovered a vital clue. 

Like a classic thriller, this is a tale of twists and turns. From
crime scene to courtroom, laboratory bench to prison cell, Pointing
from the Grave is the unforgettable story of how a dead woman’s
groundbreaking work pointed the finger at her own murderer.

 See all Editorial Reviews




>>
>>Rose's family picked him up from the Ione prison Friday afternoon,
>>according to Terry Thornton, spokeswoman for the California Department
of
>>Corrections.
>>
>>Harry Hudson, Rose's defense attorney during trial, welcomed the news
>>Friday evening.
>>
>>"Every now and then I'd wonder (about the appellate case). I knew they
>>were moving through the state process. I'd say, 'I hope Pete gets out
this
>>time.' I'm glad something finally got done. I'm just sad he had to spend
>>10 years in a jail cell," he said by telephone from Monterey.
>>
>>Throughout the highly publicized case, Rose maintained his innocence,
>>sobbing when he was sentenced for rape, forced oral copulation,
kidnapping
>>and lewd acts with a child.
>>
>>Initial DNA tests in 1995 had been inconclusive, and an appeals court
>>confirmed the conviction in 1997.
>>
>>But then the Northern California Innocence Project, based at Golden Gate
>>University in San Francisco, took on the case in late 2002.
>>
>>Using semen taken from the girl's underwear at the time of the crime,
>>tests proved that it did not match Rose's DNA.
>>
>>Despite prosecutors' requests that Rose simply be freed while they
>>investigated the evidence, Judge Stephen Demetras overturned the entire
>>conviction Friday.
>>
>>The fight to exonerate wrongly convicted criminals is slow work, and the
>>Innocence Project hasn't seen many convictions overturned in the past 10
>>years, said Naresh Rajan, a law student and research assistant with the
>>Innocence Project at Santa Clara University Law School. The law schools
>>work together to help prisoners who claim they are innocent.
>>
>>"It's very hard; you have to show that the case turned on an issue of
>>identity," he said.
>>
>>That's what happened in Rose's case.
>>
>>Prosecutors still think there's some doubt, though they acknowledge that
>>DNA evidence is solid.
>>
>>"I don't think the fact that there's a semen stain on this girl's
>>underwear means definitely that this (different) guy committed the
crime.
>>All it means is that the girl had *** with someone else around the time
>>the rape was committed," said Deputy District Attorney Brian Short, who
>>oversees the Child Abuse and ***ual Assault unit.
>>
>>His office could take Rose back to trial, but Short acknowledged that it
>>would likely be difficult.
>>
>>Short said Friday that he could not immediately locate the girl, who
would
>>now be 23. Investigators would also have to find the girl's boyfriend
from
>>that time and question him, Short said. And they would also have to find
a
>>man Rose's then defense attorney believed committed the crime.
>>
>>The rape allegedly happened the morning of Nov. 29, 1994, when the girl
>>was walking to a bus stop. She testified in court that her assailant
>>dragged her into an alley behind the 400 block of Eden Street, punched
her
>>and raped her, according to News-Sentinel accounts of the preliminary
>>hearing and trial.
>>
>>Jurors were shown photos of her bloodied nose and lip.
>>
>>The assault made headline and television news, and Mayor Larry Hansen,
who
>>was police chief at the time of Rose's arrest, remembers the case
resulted
>>in speaking to students about walking to and from school. He could not
>>recall details of the investigation and declined to comment Friday.
>>
>>Lodi Unified School District sponsored state legislation increasing
>>penalties for attacks on students heading to and from school. The bill
was
>>carried by then-Assemblyman and current state Sen. Mike Machado,
D-Linden.
>>
>>The girl waited three weeks to identify Rose as the suspect, with whom
she
>>was acquainted through her aunt. The aunt was friends with Rose's
>>girlfriend. At trial, Hudson argued that the girl's aunt had pressured
her
>>to blame Rose.
>>
>>"I always felt that there was something there that was driving it, but
it
>>was just outside of reach. It's like having a nightmare and you're
>>reaching for the door, and the door keeps fading away from you. I really
>>felt bad when the jury came back with that verdict," Hudson said.
>>
>>Rose's girlfriend, Tamera Herrera, the mother of his two children,
>>maintained his innocence when she testified at trial, according to
>>newspaper archives.
>>
>>His mother has been caring for the children for several years his aunt,
>>Cornelia Veldhuizen, of Lodi, said Friday evening.
>>
>>The records from the three-week trial stand, and if prosecutors decided
to
>>take Rose back to trial, they would have to figure out some
>>inconsistencies, Short said.
>>
>>According to trial testimony, the girl took a shower that morning, put
on
>>clean clothes, and the assault happened soon after she left for school.
>>Prosecutors would have to explain why they were prosecuting Rose, even
>>though DNA from the girl's underwear did not match Rose.
>>
>>Given the DNA evidence, Short said he thought it was the right decision
to
>>release Rose from prison, though he had wanted more time before the
>>conviction was thrown out.
>>
>>Short stood by the work of investigators and prosecutors, though.
>>
>>"If we'd had this information back in '94, we'd have taken the same
steps.
>>Would we have charged the guy? No, we would have waited until we knew
for
>>sure," he said.
>>
>>News-Sentinel re****ter Jennifer Pearson Bonnett contributed to this
re****t.
>>
>>Contact re****ter Layla Bohm at layla@[EMAIL PROTECTED]
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 1 Posts in Topic:
Re: Man Wrongly Serves Ten Years on False Rape Charge
Joel M. Eichen <joelei  2004-10-30 21:12:29 

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