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| DNA Evidence Frees Man From Prison |
| By AP |
| Published: 09/20/2002 |
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A man imprisoned 13 years for rape was freed Wednesday after a judge set aside his conviction, saying new DNA evidence would probably change the outcome of the case. Herman May Jr., who was sentenced to 20 years in prison, had insisted he was wrongly convicted of raping a woman in Frankfort in 1988. The woman even later admitted having had consensual sex before the alleged attack. May's case was taken up by the Kentucky Innocence Project, which assists prisoners who might be exonerated through genetic testing. Test results showed DNA from semen did not match May's. The test was inconclusive for the man with whom the woman acknowledged having intercourse. A second DNA test resulted in a finding that pubic hairs from the crime scene probably were not from May, said one of his attorneys, Marguerite Thomas. In vacating May's conviction and granting a new trial, Judge Roger Crittenden concluded 'the results of the tests are of such decision value or force ... that it would probably change the result if a new trial should be granted.' May was released from the Kentucky State Penitentiary at Eddyville. It was unclear whether he would be tried again. Franklin County Commonwealth's Attorney Larry Cleveland could not be reached for comment. |
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