[paranewbi]

Unlike other states, California does not award ‘damages’ for false incarceration. I did meet one exoneree who was trying but none have been successful to date. The DA in San Diego at the time my son was convicted did eventually join in with the Innocence Project to expedite my sons release once presented with the DNA evidence. We eventually came to understand that with what was presented to the jury in that day, other than the personal affront of trial, her department went with what was the standard of that day. We eventually came to for a friendship with Bonnie Dumanis (the DA) who formed a separate department to work with the Innocence Project due to my son’s case. As well we are friends with the present DA, Susan Stephan, and we all hang out together at the Innocence Project functions.

I do take away two thoughts from the experience that stick with me;

The DNA evidence pointed to a man who now lives in Washington State. The DA interviewed him but the fact that the victim was still convinced our son was her attacker, they couldn’t bring him to trial. Any good defense attorney would question the ability of her to NOW accuse another man after sending one mistakenly off to prison.

Also, when the conviction came in, the jury was allowed to leave with a fifteen minute head start before the courtroom attendees were permitted to leave. I exited the courtroom as soon as I could and looked for any Juror that might be around. As it was, one young lady was coming out of the restroom into the corridor who was a Juror. She was taken aback that I would approach her but I explained that I honored their decision as it was unanimous, “but I had some questions if she would oblige as we planned on doing this again in an appellate setting”. She agreed to answer my questions.

I had spent four hours on the stand testifying to my son’s presence on my job site that day of the attack. I asked her, “What was it about my testimony that the Jurors didn’t accept? Was it the way I presented my answers, was it the way I made eye contact with them? What was it that made you all not take into account my words?”

She told me, “Your his father, we know you love him and we thought you might lie for him”.

Truthfully, the thought of lying had never crossed my mind…and I instantly thought of how, to this jury, it didn’t matter what I said.

I then asked her, “What about my employee that was with my son working at his side that whole day?”

Her reply, “Well he’s your employee, he might want to keep his job”.

I thanked her and I walked away thinking… ‘so you would lie for your son if he attacked an innocent girl?’

The DA and several Assistant DA’s did apologize outside the courtroom the day our son was ordered released.