We recently had an acquittal for a client of ours who was accused of a serious and violent rape - one that occurred in 1993. The state had recently matched his DNA to the DNA that was located on the victim from the rape kit taken from her on that awful night in 1993. However, there were many other issues that the jury had to consider in addition to the DNA evidence (which we really did not contest). We argued, among other things, that the burden of proof does not get lowered in response to the government's past failures to follow-up on DNA analysis of rape kits. During trial, it was revealed to the jury that approximately 4000 rape kits sat on evidence room shelves for decades. Sex crimes police detectives were so deprived of sufficient resources that they had no ability to follow-up on the vast overflow of cases they were assigned. Now, because of recent events and, quite frankly, new politics, these cold cases are being pursued by the State of Ohio. By the way, we commend the State of Ohio for now pursuing these cold cases with the vigor they have always deserved. We never frown on thorough police investigations.
Read more about this case here.
Read more about these types of cases here.
More cases like this are sure to follow. Stay tuned.