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Man Declared 'Factually Innocent' After 10 Years In Prison
KCRA ^ | 2.18.05

Posted on 02/18/2005 10:32:38 PM PST by ambrose

Man Declared 'Factually Innocent' After 10 Years In Prison

Ruling Makes Way For State Compensation

POSTED: 12:18 pm PST February 18, 2005 UPDATED: 12:30 pm PST February 18, 2005

STOCKTON, Calif. -- A man who went to prison 10 years ago for a rape he didn't commit is a free man after a Stockton court declared him innocent.

Peter Rose

Peter Rose was cleared by DNA evidence that was not available when he was convicted. The court overturned the conviction last October, and Rose, 37, was set free from prison. But that just meant he was unfairly convicted.

On Friday, the court set the record straight and declared Rose "factually innocent." A 13-year-old said she was pressured by Lodi police into identifying Rose even though she never saw the face of her attacker.

"One hundred fifty-six people have been exonerated by DNA testing across the country. Today, Mr. Rose becomes the 157th person to add to that list," said Innocence Project spokeswoman Susan Rutberg.

The Innocence Project, a nonprofit legal clinic and criminal justice resource center, took on the case and found the evidence to clear Rose.

"I will grant the order and find no reasonable cause exists to believe that Mr. Rose committed the offense for which he was tried and convicted," said San Joaquin Superior Court Judge Stephen Demetras.

Peter Rose

Rose said he is not angry over his years behind bars, but he is concerned about how the justice system works.

"I believe the system needs to make sure a person is guilty before they send him off to prison," Rose said.

When asked what he was going to do with the rest of his life, Rose responded: "Go fishing."

The finding of "factual innocence" also clears the way for Rose to collect compensation from the state, as much as $100 a day for the time spent in prison, which adds up to more than $300,000.


TOPICS: Crime/Corruption
KEYWORDS: dna; innocenceproject
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1 posted on 02/18/2005 10:32:40 PM PST by ambrose
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To: ambrose
clears the way for Rose to collect compensation from the state, as much as $100 a day for the time spent in prison, which adds up to more than $300,000.

Not enough.

2 posted on 02/18/2005 10:36:36 PM PST by Graybeard58 (Remember and pray for Spec.4 Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Graybeard58

Unbelievable. Ten years of someone else telling you when and where to wipe one's ass. Showering with stinking criminals,etc. and all they offer is $100 a day. Please. I hope that he gets a really good lawyer.


3 posted on 02/18/2005 10:38:16 PM PST by cyborg (http://mentalmumblings.blogspot.com/)
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To: Graybeard58

BTW, what would these men have done without DNA testing!


4 posted on 02/18/2005 10:38:57 PM PST by cyborg (http://mentalmumblings.blogspot.com/)
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To: ambrose

Can he sue the girl and police in civil court?


5 posted on 02/18/2005 10:41:17 PM PST by El Oviedo
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To: cyborg

"I hope that he gets a really good lawyer."

Probably could have used a better one ten years ago.


6 posted on 02/18/2005 10:42:52 PM PST by Larry Lucido
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To: cyborg

They would have stayed in jail.

Don't get me wrong: criminals should do HARD time for the crimes they have committed, but overzealous prosecutors and LEO's that manufacture convictions ought to be in the cell with those criminals.


7 posted on 02/18/2005 10:43:10 PM PST by clee1 (Islam is a deadly plague; liberalism is the AIDS virus that prevents us from defending ourselves.)
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To: cyborg

When he was convicted I'll bet there were a lot of people saying, "fry him" and many "Christians" saying, "may he burn in hell" etc.

This instance is just one of the reasons I am against the death penality.


8 posted on 02/18/2005 10:45:17 PM PST by Graybeard58 (Remember and pray for Spec.4 Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Graybeard58

Death penalty with dna evidence...though I think these days the impossible lengths of appeals,etc. hardly anyone gets executed anymore.


9 posted on 02/18/2005 10:47:07 PM PST by cyborg (http://mentalmumblings.blogspot.com/)
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To: ambrose

I accept it as a unfortunate fact that a certain percentage of people sent to prison are innocent. That has been and will always be true.

On the other hand, when such an instance is found out, heads should roll. (Discourages the habit.)


10 posted on 02/18/2005 10:47:47 PM PST by explodingspleen (http://mish-mash.info/)
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To: ambrose
A 13-year-old said she was pressured by Lodi police into identifying Rose even though she never saw the face of her attacker.

I'm confused. When did she say this, and when did she turn 13? And is she the victim or an eyewitness? Sheesh!

11 posted on 02/18/2005 10:48:06 PM PST by Larry Lucido
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To: cyborg

There are probably more people on death row who will die of old age rather than from "Old Sparky"


12 posted on 02/18/2005 10:48:39 PM PST by Graybeard58 (Remember and pray for Spec.4 Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Larry Lucido

The victim must have been 13 and either he wore a mask or he covered her face.


13 posted on 02/18/2005 10:50:12 PM PST by cyborg (http://mentalmumblings.blogspot.com/)
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To: Graybeard58

Oh, I'll call for frying someone who commits cold-blooded murder. But I want better evidence than is available in some of these cases. Some combination of eyewitness testimony, forensic evidence, and admissions of the perpetrator.


14 posted on 02/18/2005 10:51:18 PM PST by Larry Lucido
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To: ambrose

I am not convinced he's innocent.


15 posted on 02/18/2005 10:53:44 PM PST by Age of Reason
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To: cyborg

So if she was 13 (not 3) when the crime occured 10 years ago, and she made the statement 10 years ago, when she was still 13, and not now, when she is 23, then why wasn't the statement made a part of the defense 10 years ago?

I know you don't have the answer, I just get exasperated by poor writing.



16 posted on 02/18/2005 10:54:57 PM PST by Larry Lucido
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To: Larry Lucido

Excuse me but my IQ isn't that high and it's late. I'm offended.


17 posted on 02/18/2005 10:55:53 PM PST by cyborg (http://mentalmumblings.blogspot.com/)
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To: Larry Lucido

In all fairness, who knows how many columns a day your avg AP reporter has to bang out...


18 posted on 02/18/2005 10:56:07 PM PST by ambrose (....)
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To: ambrose

Criminal charges should be brought against all those who manufactured the evidence to convict him in the first place.

Only then will people think twice about doing it.


19 posted on 02/18/2005 10:58:24 PM PST by DB (©)
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To: clee1
Don't get me wrong: criminals should do HARD time for the crimes they have committed, but overzealous prosecutors and LEO's that manufacture convictions ought to be in the cell with those criminals.

I don't agree with the "HARD time" comment --for most people, such as anyone on this board, just being behind bars would be "hard time." I understand that there are hard cases that need hard time. For the second part of your statement, I agree, that would add a feedback loop that is missing in the current system.

20 posted on 02/18/2005 10:59:22 PM PST by MRMEAN (This tagline is evolving...)
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