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| DNA Evidence Clears Man of Crime After 13 Years in Massachusetts Prison |
| By Associated Press |
| Published: 08/27/2001 |
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A man convicted of rape and who spent 13 years behind bars was set free when prosecutors said DNA evidence cleared him. After a brief hearing Wednesday in Hampden Superior Court, Angel Hernandez who was convicted of aggravated rape and assault and battery in 1988 was released. Hernandez, who maintained his innocence throughout his incarceration, said he forgives the state. He said he planned to spend time with his family. Hampden County, Mass., District Attorney William Bennett said he apologized to Hernandez on behalf of the state. Hernandez is the sixth person in Massachusetts to be cleared of crimes by post-conviction DNA testing, officials said. Hernandez was charged in 1987 with raping a 33-year-old nursing student in Chicopee. His first trial in August 1988 ended in a mistrial when the jury couldn't reach a verdict. Three months later, he was convicted of aggravated rape, indecent assault and battery and assault and battery with a dangerous weapon. He was sentenced to 12 to 18 years in prison. Hernandez's lawyer says the break in the case came in December, when an Appeals Court judge overturned an earlier ruling by a Hampden Superior Court judge and granted his client access to evidence for DNA testing. Lawyers learned last week that the results excluded Hernandez as a suspect in the rape. |
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