DNA exonerations create another form of guilt

There are two small groups of people in the world and the idea of guilt affects them in very different ways. One is a group of men convicted of rape but were later exonerated from the sex crime because of DNA evidence. Another is the group of women who were raped but in the end identified the wrong person as their aggressor. For the men, a false conviction has forever robbed them of time, and for the women their unintentional misidentification creates the guilt of putting an innocent person behind bars.

Twenty-seven years ago, a woman from Virginia was raped soon after she arrived at the day-care center she worked. She was the first employee to arrive and her attacker emerged from behind a set of doors soon after the woman settled into her workplace. The man pulled a knife and attacked her. During March 2009, the woman found out the man who she had long thought attacked her was exonerated of the crime due to DNA evidence. As she tried to remember the events of that traumatic day, she felt guilty because her wrong identification made the wrongly accused man a victim too.

Genetic testing has led to the exonerations of 267 people in the United States who were convicted of crimes they did not commit. According to the Innocence Project, in 75 percent of those cases, a witness or victim identified the wrong person.

The man who was wrongly convicted of rape 27 years ago says he has no anger towards the women who wrongly identified him and said, “They have been through a tragedy, [and] what happened to them shouldn’t have happened to them.” Instead, he blames the actual offender.

Source: The Washington Post, “In DNA reprieves, guilt from another source,” Maria Glod, 3/22/11

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.