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| Wis. Inmate Charged Based on DNA |
| By Milwaukee Journal Sentinel |
| Published: 09/25/2001 |
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A 24-year-old man serving a 15-year prison term for a 1995 shooting has been charged with raping a woman during a home invasion earlier that year in a case that would not have been filed if not for DNA sampling of imprisoned felons. John C. Wise also could not have been charged with the rape if an innovative John Doe warrant had not been issued in February, when police had no suspects in the case and the statute of limitations for prosecuting someone for the crime was about to expire. Wise, who is serving his prison term at the Oshkosh Correctional Institute, was charged last week with first-degree sexual assault in a case that was begun Feb. 27, when authorities knew only genetic information about the assailant and issued a warrant identifying the attacker as John Doe 13, specifying DNA profiles or identifiers for 13 genetic locations. Wise is the second imprisoned man to be linked to one of 15 John Doe warrants, and his case is expected to bring the same kinds of legal challenges that are being raised by the first inmate linked to a John Doe warrant. A circuit judge has found that the case for the other inmate, Bobby Dabney Jr., s legally sound and has ordered that it advance to trial. But Dabney and his lawyer are appealing Circuit Judge Jeffrey A. Wagner's ruling, and the case is expected eventually to wind up in state Supreme Court. Among other things, Dabney and attorney Lynn Ellen Hackbarth contend that the John Doe warrant process did not meet legal requirements and was an improper maneuver to avoid the statute of limitations issues for a 1994 rape. Because those issues have not been addressed by a higher court, Wise and his attorney are expected to raise them, as well. Wise was linked to the rape case through the 20-month-old practice of obtaining DNA samples from imprisoned felons. |
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