The Law Office of John W. Noonan
925-400-6635 Call For A Free Initial Consultation Se Habla EspaƱol Available 24/7

DNA matched him to the victim's home on the night in question ...

When prosecutors bring forward DNA evidence, they typically argue that these tests are extremely accurate. They often claim, although there is some debate over this, that it would be a one in a billion chance for someone to have identical DNA test results to those of the accused. They push back on defense questioning about possible errors in the collection or testing of the evidence.

All in all, it’s very hard to argue against DNA. When you can tie a suspect’s chromosomes to a crime scene, it’s extremely difficult to claim he wasn’t there. But is that enough?

A Denver man was recently accused of a sex crime based on DNA evidence. Along with several friends he had been to a Fourth of July rooftop party at a woman’s residence. Tragically, the woman apparently passed out at that party. When she awoke the next day, she realized something was terribly wrong. Her panties had been removed, she had vaginal pain, and she did not know what had happened.

Several months later, after the police had completed their investigation, they arrested the Denver man and charged him with rape. They told him they had DNA evidence from the victim that matched a previous sample of his that had been entered into a database.

He knew he wasn’t guilty, but it took him 61 days to prove his innocence. That’s 61 days he spent in jail, awaiting trial, for a rape he knew he didn’t commit.

Ultimately, he was able to prove the mistake. The police had collected his DNA at the scene -- from a cigarette butt on the roof. A cigarette, not the victim’s body, was the source of the DNA they matched the database sample.

The DNA was an exact match. It proved he had been on that rooftop on the night in question. It did not, however, prove he was guilty of anything at all.

The local district attorney blames the mistake on a clerical error.

If you have been accused of a sex crime and you know you are not guilty, don’t let the police and prosecutor decide what the evidence shows. You need an aggressive criminal defense attorney who won’t stop until the truth comes out.

No Comments

Leave a comment
Comment Information

Recent Case Results

  • Juvenile Charges

    A juvenile was arrested for 2nd Degree Robbery. After 6 months the case was dismissed.

    A juvenile was arrested for Sexual Battery. After 6 months and 80 hours of Community service, the case was dismissed.

    Read More
  • Drunk Driving Offenses

    A client with a 1st DUI arrest. Fearing she would go to jail; lose her license for a year and lose her job. Got a wet reckless and minimal fines.

    Read More
  • Drug Charges

    A client with 4 Felony charges on a Transportation Charge, a Attempt to Sell, Possession of Marijuana, (50 pounds), Conspiracy Charge all where reduced to 1 Misdemeanor. No Jail.

    Client was charged with 6 Felony drug possessions. Facing jail time. The results: Client got a deferred entry of judgment and then dismissed.

    Client charged with several felony counts of possession of Marijuana with intent to sell. Client was involved in a medical marijuana grow. Case was reduced and later dismissed.

    Read More
  • Sex Crimes

    A client with alleged 2 Felony Sex charges and he faced jail and sex registration. The case was entirely dismissed.

    Client charged with prostitution; facing jail time and sex offender registration. Result: NO JAIL TIME AND NO SEX OFFENDER REGISTRATION Deferred Entry of Judgment.

    Read More
  • Domestic Violence

    Client charged with domestic violence, with great bodily injury. Case reduced to a misdemeanor with time served.

    Read More
Email Us For A Response

Learn How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Areas We Serve

Pleasanton Office
5674 Stoneridge Drive, Suite 204
Pleasanton, CA 94588

Toll Free: 800-785-9556
Phone: 925-400-6635
Fax: 925-463-3661
Pleasanton Law Office Map

Manteca Office
210 East Center Street
Suite 10
Manteca, CA 95336

Toll Free: 800-785-9556
Phone: 925-400-6635
Fax: 925-463-3661
Manteca Law Office Map

Back To Top