26 July 2003




Rape Cases:

(1) A police officer has had his rape conviction overturned because the judge excluded evidence that the prosecutor he is accused of raping had been making advances toward him which he had been rebuffing because of his marriage.

(2) A Florida prosecutor appears ready to fight DNA results in a rape case because "the identification of McKinley by the girl and by a police officer at the scene in Homestead, south of Miami, should override the DNA test results." Here's a thumbnail sketch of the argument:
[The prosecutor] said the DNA test results do not exonerate McKinley because of two factors explained to him by the 11-year-old girl. She said she had engaged in consensual sex the night before and that McKinley did not ejaculate when he raped her. Thus, the semen was from someone other than her attacker, Kastrenakes said.

But Scheck, known for helping to successfully defend O.J. Simpson against murder charges, challenged Kastrenakes' argument. "He took the position at trial that the semen came from McKinley and was the result of recent intercourse," Scheck said. "He can't turn around now and say otherwise."

Scheck said that if the girl had consensual sex the day before the rape, the state needs to get a DNA sample from him to see whether his DNA matches the semen recovered by investigators. He said there was no testimony at trial about whether the girl had sex the day before the alleged rape.


(3) Satan worshipper rapes a 12 year old girl at least 4 times, gets 48 years in prison. Can't think of a more worthy individual.

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