A Denver man who spent 28 years in prison for a rape conviction based in part on testimony from the victim that her attacker’s name came to her in a dream was released on bond on Tuesday after a judge threw out the guilty verdict.
Clarence Moses-EL, 60, emerged from the Denver County jail flanked by his wife and grandchildren after supporters raised the bail money to secure his release pending a decision by prosecutors on whether to re-try him.
Moses-EL was convicted of the 1987 beating and rape of a Denver woman, and was sentenced to 48 years in prison.
The victim singled out Moses-EL, who was her neighbor, as her assailant and told police that his identity came to her in a dream, according to Moses-EL’s lawyers.
They also said the woman had initially named three different men she had been drinking with for several hours before the assault as her possible attacker.
His lawyers took his case as part of the Innocence Project, a national organization dedicated to exonerating wrongfully convicted individuals.
Moses-EL had exhausted all his appeals until 2012, when another inmate doing time for two separate sexual assault convictions wrote a letter to him claiming that he had consensual sex with the victim, and had physically assaulted her.
The inmate, LC Jackson, “consistently stated that he could not believe it when he heard that Mr. Moses-EL was accused of raping (the victim) because he was the person who had sex with (her) on the night – and at the time – in question,” according to court documents.
Last week, Denver District Court Judge Kandace Gerdes overturned Moses-EL’s conviction, noting in her ruling that “the newly discovered evidence and the totality of the circumstances, is sufficient on salient points to allow a jury to probably return a verdict of acquittal.”
Denver District Attorney Mitch Morrissey said in a statement that he has not conceded that Moses-EL was wrongly convicted, noting that Jackson has since recanted his confession.
“Those who now argue that he was convicted solely on a dream are either unaware of the complete facts or disregard them,” Morrissey said. “She testified during the trial and was cross-examined at length. The jury believed her testimony that she was attacked and raped by Clarence Moses-EL.”
Prosecutors have 30 days to announce if they will re-try Moses-EL, who would have been eligible for parole in two years.
(Editing by Steve Gorman and Paul Tait)
Progressive reformer claims victory in fiercely-contested Queens DA race
Progressive reformer Tiffany Cabán has declared victory in her campaign versus Melinda Katz in the Queens District Attorney race.
With 99% of precincts reporting, Cabán held a lead of 1,090 votes, The New York Times reports.
Cabán was backed by Rep. Alexandria Ocasio-Cortez (D-NY) and Sen. Bernie Sanders (I-VT).
Katz was backed by Rep. Gregory Meeks (D-NY), who chairs the Queens Democratic Party, and Rep. Hakeem Jeffries (D-NY)
New 2020 poll shows Trump trailing all Democrats — some by double-digits
President Donald Trump trails all of his Democratic rivals in hypothetical matchups of the 2020 presidential race, according to the result of a new poll released Tuesday.
The survey, conducted by Emerson Polling, found that the president lags behind former vice president Joe Biden and Sen. Bernie Sanders, I-Vt., by 10 points nationally — 45 percent to 55 percent. He also trails Sen. Elizabeth Warren by six points — 47 percent to 53 percent —and Sen. Kamala Harris, D-Calif., and South Bend, Ind. Mayor Pete Buttigieg by four points — 48 percent to 52 percent.
Beto O’Rourke’s ‘war tax’ policy proposal is straight out of ‘Starship Troopers’
Amid an overcrowded Democratic presidential candidate field, it's hard to distinguish yourself from the pack if you don't slot easily into the scale that runs from "pro-corporate centrist" to "left-populist." If you're former Texas congressman Beto O'Rourke — who falls somewhere in the middle, politically, and somewhere towards the top, looks-wise — you pull a militaristic policy proposal out of your hat that recalls some of the most campy pseudo-fascist sci-fi ever written.