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Wrongly convicted man is set free [after serving 23 years]
St. Louis Post-Dispatch ^ | 07/20/2006 | William C. Lhotka

Posted on 07/20/2006 10:33:03 AM PDT by newgeezer

Johnny Briscoe is a free man today, after serving 23 years for crimes the state now says he didn't commit.

Briscoe walked out of a state prison in Charleston, Mo., on Wednesday after serving part of a 45-year sentence for convictions involving a 1982 sexual attack on a woman ...

Thanks to DNA testing, authorities confirmed ... that Briscoe was innocent and that the real rapist was already in another Missouri prison.

...

St. Louis County Prosecuting Attorney Robert P. McCulloch called him ... and "apologized to him on behalf of the county, particularly for the past six years."

...

There was no DNA testing in 1983 when Briscoe was convicted. In 2000 and again in 2001, McCulloch ... asked the crime lab to look for evidence in the Briscoe case and other cases where DNA could now be applied to existing evidence.

McCulloch said his office was told the evidence had been destroyed.

... The laboratory reported that the freezer where the evidence might have been kept was searched and that the evidence - cigarette butts - had presumably been destroyed.

In 2004, the crime lab "was inventorying and cataloging everything in the lab" and found the cigarette butts in the freezer, McCulloch said, but his office didn't learn about their existence until July 6.

...

Testing of the three cigarette butts confirmed that the victim's DNA was found on all three but that the third contained DNA that matched a different man than Briscoe - one who is also in the Missouri prison system ...

(Excerpt) Read more at stltoday.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events; US: Missouri
KEYWORDS: dna; evidence; freedom; marylandheights; prison; rape; released; wrongfulconviction
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To: stuartcr

While I do believe the death penalty is an appropriate penalty for some crimes, I've long since come to regard it as just another government program gone wrong.


81 posted on 07/20/2006 2:50:33 PM PDT by Hardastarboard (Why isn't there an "NRA" for the rest of my rights?)
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To: Sarah

You were not the only one. The reporter writes terribly.


82 posted on 07/20/2006 3:06:00 PM PDT by MeanWestTexan (God Protect Israel.)
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To: T.Smith
A few years ago there was a case where a prisoner was caught breaking out and had hard time added on.

Well he was acquitted of the original crime but they made him serve time for trying to escape.

Wadda rip.
83 posted on 07/20/2006 3:18:19 PM PDT by Blackirish (Merry Fitzmas !!)
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To: AntiGuv

"does he get 'time served' if by chance he happens to get convicted of a new crime?"

by the time he finishes suing and collecting for false arrest/imprisonment, etc., he'll have enough to buy the town and not need to burlarize any time soon.


84 posted on 07/20/2006 3:56:32 PM PDT by EDINVA
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To: Hardastarboard

I guess nothing is perfect.


85 posted on 07/20/2006 6:30:35 PM PDT by stuartcr (Everything happens as God wants it to.....otherwise, things would be different.)
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To: MeanWestTexan
The rapist smoked cigs with the victim (an event that is stragely common).

Before or after?

86 posted on 07/20/2006 7:57:23 PM PDT by Doctor Stochastic (Vegetabilisch = chaotisch ist der Charakter der Modernen. - Friedrich Schlegel)
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To: Element187

"36,000 for each year wrongly imprisoned?! ... I guess on the bright side, home boy here almost has a cool mil in his pocket for his troubles.... though thats not really compensation."

a sad amount really. interest would help significantly, but unfortunately they'll prob tax him like it was lottery winnings. . .


87 posted on 07/20/2006 8:37:54 PM PDT by stompk
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To: MeanWestTexan

Thats true but..... As someone else demonstated clearly earlier on this thread, eyeball witnesses are not nearly as reliable as it seems they should be. Johnny Briscoe may be innocent, I hope he is, since he has been busted out. My point was though, DNA cant prove innocence.


88 posted on 07/21/2006 6:29:40 AM PDT by weezel
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To: stompk
a sad amount really. interest would help significantly, but unfortunately they'll prob tax him like it was lottery winnings. . .

if he's smart he will put in an IRA and invest the crap out of it.
89 posted on 07/21/2006 6:44:53 AM PDT by Element187
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