Posted on 06/04/2025 7:20:10 AM PDT by TheDon
A new round of DNA testing exonerates a homeless man who has spent nearly four decades in prison for the killing of a Santa Ana nanny, according to defense attorneys who are asking Orange County District Attorney Todd Spitzer to declare Kenneth Clair innocent of the 1984 slaying.
Clair, who spent years on death row before an appellate court overturned his death sentence and he was re-sentenced to life without the possibility of parole.
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(Excerpt) Read more at ocregister.com ...
The deceased had sex with another man, not the guy in prison. Article wasn’t clear if it was rape. If it wasn’t rape, not sure if it helps the guy other than the case largely depended upon circumstantial evidence. It is hard to put a guy on death row on just circumstantial evidence.
“The new DNA evidence also points to two potential participants in Rodgers’ killing, though their identities are currently unknown.
One unidentified person’s DNA was found on the sleeves of a T-shirt that was used to bind Rodgers, on a chrome bar that was used to strike her, on a glove discovered on top of her right foot and on parts of her body and her clothes, according to the defense letter. A second unidentified person’s DNA was found on the fly of Rodgers’ jeans and on a cigarette butt that was recovered from the waterbed where the killing occurred, the defense added.”
Time will tell to whom the two unknown DNA samples belong.
“A second unidentified person’s DNA was found on the fly of Rodgers’ jeans and on a cigarette butt that was recovered from the waterbed where the killing occurred, the defense added.”
I don’t know the circumstances of her killing, but was this her bed?
I’m not sure how unusual to find DNA of some other guy on her bed. The cig sounds like relaxing after normal sex.
“One unidentified person’s DNA was found on the sleeves of a T-shirt that was used to bind Rodgers, on a chrome bar that was used to strike her, on a glove discovered on top of her right foot and on parts of her body and her clothes, according to the defense letter.”
The first unidentified DNA is tied to the murder, the second not so much.
Genetic genealogy should allow both to be identified. No doubt, a couple guys are waiting for a knock on their door...
I don’t know if it is common or possible to commit a crime like this and not leave DNA. The woman was bound and killed with items from her room so it’s not a slam dunk the DNA that was found was deposited during the crime. These articles are very good at presenting possible exculpatory evidence and very bad at presenting the damning stuff so I find it hard to judge.
It’s correct to note we’re only hearing the defense side of the story in this article.
It’s an interesting case with the available DNA and new tools to identify to whom the DNA belongs. Hopefully someone has sent samples to a lab like Othram to see what can now be determined regarding this crime.
Or some guy from a day before.
Not sure it proves anything, one way or the other, without more.
They found DNA at the crime scene that does not match the alleged killer?
Innocent?
Nope - just plain old, time honored, reasonable doubt.
What do the original Judge, prosecutor, investigators, witnesses, and jury have to say?
Nothing - because they would risk civil lawsuits.
Will the "real" killer ever be identified or punished?
Of course not.
This is why I’m opposed to the death penalty. There are those who definitely deserve it, but I don’t trust the government to figure out who they are.
Agreed. DNA is only a part of an investigation. The DA would have to reinvestigate the crime with the new evidence, and take actions based on the investigation. That opens a can of worms for not just this case but other older cases as well.
Current DNA tools and genetic genealogy provide investigators with powerful tools to investigate crimes that weren’t available previously.
Many diligent investigators were good at saving DNA samples from crime scenes that weren’t able to be used at the time, but can be used now. Many of these cases are currently unsolved cold cases.
‘Will the “real” killer ever be identified or punished?’
Being identified is a possibility with genetic genealogy and improved DNA techniques. Of course, they may have already passed away so no justice in this life for them.
“I don’t know if it is common or possible to commit a crime like this and not leave DNA. The woman was bound and killed with items from her room so it’s not a slam dunk the DNA that was found was deposited during the crime. These articles are very good at presenting possible exculpatory evidence and very bad at presenting the damning stuff so I find it hard to judge.”
You’re absolutely right about the bias is some of these articles. While of course I don’t want to see innocent people convicted of crimes, I’m not a big fan of retrying cases from decades ago. Lack of DNA is not exculpatory. Finding someone else’s DNA is not necessarily exculpatory. The fact is the guy was found guilty by a jury and I assume went through an appeals process. Are we going to start retrying every case years after convictions?
He finally had a home—for decades.
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