"A Louisiana Supreme Court ruling Friday cleared the way for evidence in a convicted Baton Rouge rapist’s 1991 case to be subjected to DNA testing.
Kenneth Reed Jr., who is serving a life sentence in the aggravated rape of a 16-year-old girl, claims DNA testing — which was not available in 1991 — will exonerate him.
East Baton Rouge Parish prosecutors do not share Reed’s optimism."
REPORTER JOE GYAN JR: THE ADVOCATE;
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BACKGROUND: Kenneth Reed Jr., 39, contends DNA testing — which was not available in 1991 — would exonerate him in the aggravated rape of a 16-year-old girl. In Reed’s case, after 19th Judicial District Court Commissioner Rachel Morgan recommended in October 2008 that DNA testing be performed, state District Judge Bonnie Jackson issued an order in January 2009 for the testing. The East Baton Rouge Parish District Attorney’s Office, which maintains Reed is not entitled to such tests, took its case to the state 1st Circuit Court of Appeal. A three-judge panel of the Baton Rouge-based appellate court in July let Jackson’s ruling stand. The state then went to the Louisiana Supreme Court which has ordered the tests to proceed.
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"A Louisiana Supreme Court ruling Friday cleared the way for evidence in a convicted Baton Rouge rapist’s 1991 case to be subjected to DNA testing," the Advocate story by reporter Joe Gyan Jr. published on June 26, 2010 under the heading, "Court rules for inmate in testing of DNA," begins.
"Kenneth Reed Jr., who is serving a life sentence in the aggravated rape of a 16-year-old girl, claims DNA testing — which was not available in 1991 — will exonerate him," the story continues.
"East Baton Rouge Parish prosecutors do not share Reed’s optimism.
“The truth is, we’ll never know until we do the testing,’’ said Vanessa Potkin, one of Reed’s attorneys.
First Assistant District Attorney Prem Burns said prosecutors will meet next week with Potkin to work out the logistics of the testing.
Burns and Potkin, who is a staff attorney with the New York-based Innocence Project, said the testing should be performed in the next few months.
“I’m so happy that this day has finally come,’’ Potkin said. “It’s just a long time coming.’’
The Innocence Project will pay for the testing, Potkin said previously.
Nineteenth Judicial District Court Commissioner Rachel Morgan recommended in October 2008 that DNA testing be performed. State District Judge Bonnie Jackson issued an order in January 2009 for the testing.
The East Baton Rouge Parish District Attorney’s Office, which argued Reed was not entitled to such tests, took its case to the state 1st Circuit Court of Appeal.
A three-judge panel of the Baton Rouge-based appellate court in July let Jackson’s ruling stand, prompting a further appeal to the state Supreme Court.
The justices Friday unanimously denied the state’s appeal.
The victim testified at Reed’s trial that she knew Reed, now 39, and his co-defendant — William Reese, now 40 — from the neighborhood, and she saw and recognized both men during the pre-dawn attack in her cousin’s home."
The story can be found at:
http://www.2theadvocate.com/news/97210994.html
Harold Levy...hlevy15@gmail.com;
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