Tuesday, April 30, 2013

OK - Innocent man jailed for 'rape of his girlfriend's four-year-old daughter' because police said a DNA test would be a waste of money

Original Article


A man was held in prison for three months while wrongly accused of child rape because police refused to carry out a DNA test after reportedly saying it was a waste of public money.

[name withheld] is planning to sue police in Oklahoma for wrongful arrest and detention after he finally managed to persuade a court to carry out the test which proved his innocence.

The 24-year-old, from Sapulpa, near Tulsa, was arrested on April 6 last year after reporting an attack on the four-year-old daughter of this then-girlfriend.

He denied the charges, but investigators refused to believe his defense.

A lie detector test had shown him to be deceptive and, damningly, the victim had even identified him as the attacker after more than an hour of interrogation.
- Lie detectors are junk science!

He was only released on July 3 when the DNA test matched that of a [name withheld #2], a convicted felon who lived in the same mobile home site as Mr [name withheld].

Mr [name withheld] said he was depressed while in jail, stopped eating and dropped to 130lbs from 190lbs.

[name withheld #2] was eventually arrested and charged with burglary, rape and lewd molestation and being held on a $750,000 bond awaiting a trial date.

Mr [name withheld]'s lawyer, Don Smolen, told Tulsa World: 'From day one he's begging them to do a DNA test. They said they weren't going to do that because it was a waste of taxpayers' dollars.

'Why wouldn't you do a DNA test? Even if it was him, why not do a test and confirm it? Why take three months?'

He has sent notice to the Creek County Sheriff's Office alleging wrongful arrest and detention as a result of police negligence.

The sheriff's office has three months to respond or face a potential civil rights lawsuit.

It has declined to comment on the legal action.

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