Current Events > After 39 years in prison man charged with rape let go after flawed testimony.

(+) Yeah! (+)

https://www.delawareonline.com/story/news/crime/2018/12/05/delaware-mans-life-sentence-prison-changed-flawed-fbi-testimony/2193013002/

In 1980, an FBI agent testified in Elmer Daniels' rape trial that hair evidence found on both the victim and Daniels linked him to the assault. Thirty-nine years later, the FBI and the U.S. Department of Justice have determined that testimony ironclad at the time has "exceeded the limits of science" and is "invalid," court documents say. The state won't go so far as to say Daniels, now 56, is innocent. But it does say that dismissing the indictment is the "most just outcome." Given the minimum mandatory sentence for first-degree rape today, the state determined that if Daniels would have been found guilty now, he would have already served his sentence plus additional time. Daniels would be released after Superior Court accepts the state's motion. The Delaware Department of Justice was notified of the problematic testimony in this case from FBI Special Agent Michael Malone on Jan. 31, 2018, according to court documents.

The Innocence Project and the National Association of Criminal Defense Lawyers have been assisting the FBI in reviewing testimony regarding the use of hair evidence since 2015 when the federal agency publicly said FBI hair examiners were providing overreaching testimony. The agent said in court that because a hair sample found on Daniels' pants could have come from the victim, and head hair found on the victim's underwear could have come from Daniels, that it was considered a "double match," according to court documents and trial transcripts. The state relied upon this testimony to argue that Daniels was the man who raped the woman, citing the agent's assertion that he had never had a case where the hair samples didn't link back to the people in the specific case, according to court documents. The state can't retry the case because the evidence was destroyed after Daniels appealed to the Delaware Supreme Court and lost, according to court documents.

Sucks that he lost 39 years of his life from age 17 to 56 when innocent. Hopefully he can at least sue the state.
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Hell get like 100k so hes set for life
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Sanga Vailo posted...

Hell get like 100k so hes set for life

I looked it up on the innocence project and unfortunately Delaware is one of the states that don't offer compensation so this guy is SOL.

https://www.innocenceproject.org/compensating-wrongly-convicted/

The federal government, the District of Columbia, and 33 states have compensation statutes of some form. The following 17 states do not: Alaska, Arizona, Arkansas, Delaware, Georgia, Idaho, Indiana, Kentucky, Nevada, New Mexico, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, and Wyoming.
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thats fuckedup.

he was black too wasnt he?

FFS, I can't even comprehend what 39 years is, let alone imagine living in prison for a crime I didn't do.
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Sanga Vailo posted...

Hell get like 100k so hes set for life

and even then, I would take 39 years of life on the outside.
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It'll be a hard time adjusting outside. I can't even imagine for him.
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SuperMariano3 posted...

Sucks that he lost 39 years of his life from age 17 to 56 when innocent.

We don't know if he's innocent or guilty.

But he had more than served enough time even if he is really guilty. And a serious miscarriage of Justice was performed if he is innocent.
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39 years for a 17 year old. Murderers have gotten less.
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SuperMariano3 posted...

Sucks that he lost 39 years of his life from age 17 to 56 when innocent.

Where does it say he's innocent?
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I'm sure if a person had 39 years of their life taken away from them, it's enough to make a person seek revenge.

And honestly I can't say I blame them for feeling that way.
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SuperMariano3 posted...

Given the minimum mandatory sentence for first-degree rape today, the state determined that if Daniels would have been found guilty now, he would have already served his sentence plus additional time.

Why did this change? Can we go back to 40+ years?
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He should sue
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Sanga Vailo posted...

Hell get like 100k so hes set for life

Not in this age

rikasa posted...

SuperMariano3 posted...

Given the minimum mandatory sentence for first-degree rape today, the state determined that if Daniels would have been found guilty now, he would have already served his sentence plus additional time.

Why did this change? Can we go back to 40+ years?

By all means, when the laws regarding sentencing change they should go back and look at everyone who is serving time for those crimes and modify it their sentence.
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Fuck the system

Time in the bank. I would commit a crime just so I could say "Time served!", and waltz out whistling a jaunty tune.
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yunalenne10 posted...

It'll be a hard time adjusting outside. I can't even imagine for him.

It's like exiting a time portal
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