Can you imagine spending a lifetime behind bars for a crime that you did
not commit? One man did exactly that. He spent almost four decades in
prison; however, now, a judge has vacated the murder conviction.
A court set the man free after many years in prison for the rape and
murder of a little 8-year-old child, which dates back to 1975.
Nevertheless, this year, the man was in tears as the judge ordered that
he be released after an investigative agency filed a motion to set him
free. What was the reason for acquittal? His trial attorney had provided
a poor defense.
According to reports, the man received ineffective counsel when his defense
lawyer did not challenge the blood and semen evidence from the crime scene
at his trial. Eventually, a court-ordered DNA test found that the man's
blood type did not match the semen found on the staircase where the victim
This is incredible news for the former suspect. However, it is so sad to
see that it took this long before his innocence could be properly asserted.
Unfortunately, his parents, now deceased, will never be able to witness
the affirmation of their son's innocence. Also, after years behind
bars, it will take time before he can properly assimilate into the community.
Do not let your case be compromised by poor legal representation, as in
the aforementioned case. Every criminal defendant deserves effective representation
at all critical stages of a case. After all, this is guaranteed by the
Sixth Amendment. To learn more about your constitutional protections,
you can speak with a qualified criminal law attorney in your area.
Source: New York Post, "Bronx man freed after 38 years in prison as judge tosses child-murder conviction," Douglas Montero, April 12, 2013