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Report Raises Doubts in Colorado Rape Case

Denver's District Attorney continues to dismiss wrongful conviction evidence. Credit: Susan Greene, Colorado Independent.
Denver's District Attorney continues to dismiss wrongful conviction evidence. Credit: Susan Greene, Colorado Independent.
August 25, 2015

DENVER – A man who has served 28 years in prison for crimes he says he did not commit may get a new trial, according to a report by the Colorado Independent.

A Denver District Court recently heard Clarence Moses-EL's appeal, citing new evidence in a 1987 rape, beating and burglary case.

Susan Greene, the report's author, says the real question is why Denver District Attorney Mitch Morrissey continues to overlook evidence of wrongful conviction.

"There's a confession," she says. "The first man the victim named in her outcry after being attacked has come forward, and said he had sex with her that night, and beat her up that night in the same place at the same time of her attack."

Greene adds records show L.C. Jackson – the man who confessed – was the first person the victim named as her possible assailant, but police and prosecutors failed to question Jackson as a suspect. The Denver court has until October to decide whether to grant a new trial to Moses-EL, who is serving a 48-year sentence.

Greene reports Jackson's live-in girlfriend corroborated testimony that he left their house during the time the victim was attacked a few doors away. And Greene notes new expert testimony on blood evidence pointed to Jackson, not Moses-EL. Greene says the D.A. has only one piece of evidence tying Moses-EL to the case.

"About a day and a half after the attack, and after the victim had named three other men as possible perpetrators, she said she had a dream in the hospital and Clarence Moses-EL," she says. "His identity, he came to her in a dream."

She adds when Moses-EL won a court order for DNA testing, evidence marked "do not destroy" was tossed in a trash bin before it could be sent to the lab.

Denver district attorneys have defended how DNA evidence was handled, and at the appeal hearing urged the court to uphold the conviction and not grant a new trial.

Eric Galatas, Public News Service - CO