My husband is fighting a rape case where they found his DNA but the victim is saying it wasn't him and the DA is still pressing charges. It is a 25 - Life sentence if convicted. I have tried the Innocence project and
a few other leads in their area of expertise but they deal mainly with exonerations where the DNA leads to someone else. The victim has gone to the poice and the DA and told them it is not the right person but they just found enough evidence against him in prelims to continue to trial. There was no other evidence against him other than finding his DNA on victim. The victim is on our side though. Can anyone shed some light on how they can ignore the victim in this case and continue to press charges? Or who can help us? He has been down for 8 months already and I am out of ideas and money and still have a huge attorney fee to come up with for a trial.

What logical explanation is there for his DNA to have been on the victim? What kind of sample and where was it? When you have answers for those questions you might have something to go on.

The defense attorney will almost certainly be hiring a DNA expert as a witness at trial. That'll be a major expense, and you may end up with the PD before this is over. (Another possibility is for the retained attorney to try to get a court order to hire the expert and to be appointed at the "court rate". The "court rate" is crummy enough that many lawyers won't do it, though.)
Much depends on where the DNA is found, whether or not the victim had access to the defendant's DNA. There could be a consent issue. Also, teh DNA sample itself can be examined to be sure it really is this defendant's.
The DA can ignore the ID problem because witness IDs are frequently incorrect, while DNA done correctly is very accurate. (Of course, in a different case the same DA will be arguing the near infallibility of victim ID.)

My husband is fighting a rape case where they found his DNA but the victim is saying it wasn't him and the DA is still pressing charges. It is a 25 - Life sentence if convicted. I have tried the Innocence project and
a few other leads in their area of expertise but they deal mainly with exonerations where the DNA leads to someone else. The victim has gone to the poice and the DA and told them it is not the right person but they just found enough evidence against him in prelims to continue to trial. There was no other evidence against him other than finding his DNA on victim. The victim is on our side though. Can anyone shed some light on how they can ignore the victim in this case and continue to press charges? Or who can help us? He has been down for 8 months already and I am out of ideas and money and still have a huge attorney fee to come up with for a trial.

The DNA was his and it was found inside victim. I know how it sounds...it is a hard to believe case. I believe and so does the victim it was not him though. We were able to get the court funds to have it retested. The DNA specialist for the state said in prelim that it could have been deposited within 48 hours previous to attack. My husband has admitted to having an affair with the victim's daughter. They have both made statements that my husband was not involved though. The daughter was actually with my husband on the night of the attack. We have known both the victim and her daughter for many years too so I don't think the eyewitness part would have been incorrect in this case. I know I don't want to go with PD on this. It is a major sentence and his life we are playing with. I have three young children and they need him home. I have never heard of attorney asking about the court rate. What exactly does that mean? Are they then like a public defender?

it really doesnt matter at this point what the victim says because they have concrete evidence. the victims cooperation is not needed for him to be charged and taken to trial. there are many cases where a witness changes their story but if the DA has enough evidence they will tried the case with no hesitation.

Wow T.J. It looks as though you have a LOT to consider and think about here. Just take a quiet moment and think...think...think...consider, consider and consider. Then go back and talk to your husband again. Somethin' ain't fairin' out here...My prayers are with you...

Yaqiym- I just couldn't say it...I really feel for T.J. though. When you are married and in for real love, it's difficult to NOT be in denial of what is staring you in the face...Especially when there are children involved....:(

BUT I MEAN REALLY HOW OLD ARE YOU?HOW OLD IS THE VICTIMS DAUGHTER, BECAUSE I DON'T EVEN SEE HOW YOU HAD THE GUTS TO EVEN WRITE THIS AND EXPECT A DECENT RESPONSE.I MEAN THE FACT THAT MY HUSBAND SLEPT WITH THE DAUGHTER AND THE FACT THAT WE ARE IN 2008 HOW UNLIIKELY IS THAT THAT THE MOM WANTED THE DAUGHTERS PIECE.I MEAN DAM* BUT YOU SOUND REALLY PATHETIC FOR EVEN SAYING THAT IS YOUR MAN AND NOT TO OFFEND YOU YOU BUT THIS IS SOMETHING THAT YOU COULD HAVE KEPT TO YOURSELF...:(:blah::angry::mad::(

My last response was in response to this...

Just a friendly reminder that PTO is here for information and support and not a place for name calling or negative comments. Here on PTO as in life we all have different thoughts and opinions however people come here for help and support not name calling or ill thoughts. Please keep this thread on topic.

Thank you.

LuvandLaughsCa
California Research Assistant :)

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LuvandLaughsCa
California Research Assistant

There's no such thing as a dumb legal question, and she was looking for answers and rather than emotional support. Whether the poster enjoys the company of the defendant is very much beside the point, since it is not inconsistent to loath someone while still feeling that they aren't guilty of a crime; not is it unusual for there to be strong feelings despite being deeply hurt. It is a very big world.

To answer some of the issues raised:
It is indeed possible for DNA to be transported rather than be deposited. A classic is when a hair is found, but if you check your clothes right now you'll likely find someone elses' hair on the sole of your shoe or on your pant leg. Blood can go from one item to another if the lab doesn't handle evidence properly (just ask OJ's criminal jury).
Now, with internal evidence, it is a little bit harder to argue a random transfer of DNA. However, if the mother and daughter shared a package of hygiene products, there could be a transfer. A few other transfer methods come to mind, but are a bit racy for posting; and none would be caused by the defendant's sexual contact with the victim.
I think that the quantity of material available for sampling might be important, if that was able to be measured.

Get this thread back on topic NOW and this does not include your personal opinions. BSS

My husband is fighting a rape case where they found his DNA but the victim is saying it wasn't him and the DA is still pressing charges. It is a 25 - Life sentence if convicted. I have tried the Innocence project and
a few other leads in their area of expertise but they deal mainly with exonerations where the DNA leads to someone else. The victim has gone to the poice and the DA and told them it is not the right person but they just found enough evidence against him in prelims to continue to trial. There was no other evidence against him other than finding his DNA on victim. The victim is on our side though. Can anyone shed some light on how they can ignore the victim in this case and continue to press charges? Or who can help us? He has been down for 8 months already and I am out of ideas and money and still have a huge attorney fee to come up with for a trial.

Get this thread back on topic NOW and this does not include your personal opinions. BSS

:confused::confused::confused:---That being said, T.J. I hope it all works our for you...

Love You,

LadyBaby

I want to reply to the people that can only point out the negative. He has children and is a loving father and my kids adore him. I did not state whether or not I am staying with him or that I feel he was right for cheating. Cheating is not a life term offense the last time I checked. He is still an innocent person behind bars and there are other common sense factors that you obviously have not thought about. Also to the remark about crime against women I feel that the police are just at fault as the real rapist here. They got on the stand and TESTIFIED that they did nothing for more than four months...not even contact the victim when they arrested my husband. They still have not taken her seriously at all and she is afraid to leave her house everyday due to the fact that she knows the person that attacked her is on the street still. Furthermore, I was looking for assistance not a moral adjustment. You wanted to know about the age of the other women and they are both adults. I was looking to see if anyone could offer advice on getting the proper legal assistance for fighting a DNA case as well as for financial means. Also for the victim due to the fact that the POlice and the DA have not assisted her at all. I was a victim of a violent crime myself a long time ago so I know there is much more out there for all of us that are caught up in this whole mess. As for your remarks and negativity and your obvious need for trying to kick people when they are down, all I can say to you is I hope no one that is important to you or you yourself ever end up in any situation like this. You will in the end get what you give. I know what is staring me in the face and I still do not believe that any man or woman would desrve a 25 - Life sentence for Cheating. I can't imagine you do not know a single person that has cheated. Whether it be a co-worker, family mamber, friend or even yourselves. Do they deserve Life in prison and do their kids deserve to lose a parent? There was a reason I put only facts and the necessary information to get assistance. I left out the personal feelings and ideas taht I deal with on daily basis...This was not to put my business on the street nor was it intended to have small minded ideas thrown at me. If there is anyone out there that could provide assistance I would appreciate it. Otherwise, keep your remarks, private messages and otherwise to yourselves and I remind you of a lesson that we probably all learned as kids, If you can't say something nice don't say anything at all.

TJ, you are absolutely right. One of the great things about PTO is that you can decide how much you want to share and when. And no, cheating should NOT be a life sentence!!! As for your case, I cannot picture a jury convicting a man when the victim says he is not the right guy. The prosecution has no case without a victim, and DNA does not equal rape. If they refuse to call her, the defense can call her as a witness. Praying for the best....

I agree that DNA does not equal rape...but it got there somehow or the test was wrong. TJ, I wish you the best and wanted to point out that the DA and police hear recanted versions of events from many victims, for reasons other than the defendant being innocent. Many women are scared to go forward with a case of domestic violence or rape, and it has nothing to do with the fact that they were not victimized. I'm just pointing this out, as an explanation as to why they seem to be ignoring what the victim has said. I find it very possible that a jury would convict someone based on DNA, over the statement of the victim. Unless the victim refuses to testify, the DA will make their case. I suggest hiring a DNA expert, to refute that it was even your husband's DNA. Minus that, there would have to be some reasonable explanation, that a jury would buy, for his DNA being there. Obviously this is a serious case, and if taken to trial, it is going to be costly. Don't be afraid to ask for a public defender, if needed...
Good luck!

If the victim is frightened because the real offender is still out there and had consensual relations with the defendant, it explains the DNA and the prosecution has no case. I don't know all the facts but this is how it appeared to me.

Oh I totally agree but the OP didn't say the defendant had consenual relations with the victim, just the daughter, and I really can't think of a plausible explanation for DNA transfer. If the victim and defendant both say they had a consenual encounter, then that is totally believable and I think it's all good. But without that, it's a fight agains the DNA even being his! It's really hard to access a case properly without all the facts but I know the OP was really looking for advice on how to handle the case, as far the attorney goes, etc. DNA expert needed!