PASSAGE OF THE DAY: "The top forensic science group that analyzes DNA released guidelines that are now more conservative, which affected Fulcher’s case. Earlier this year, the District Attorney’s office agreed to give Fulcher a new trial. “We still believe that we have the right guy, but we lost confidence in the conviction so we wanted to give the defendant a chance to have a new trial if he wanted. He chose to plead guilty instead, so at the end of the day, I believe justice was done,” Jimenez said. Fulcher has always maintained his innocence."
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STORY: "Man convicted of Barrio Logan murder to be released due to changes in DNA standards," by reporter Melissa Mecija, published by ABC10 News, published on October 29, 2019.
SUB-HEADING: "Donnell Fulcher's conviction was overturned."
GIST: A San Diego man convicted of murder will be a free man, decades before his scheduled release. Donnell Fulcher’s conviction for a Barrio Logan murder in 2006 was overturned due to changes in DNA standards, said Deputy District Attorney Hector Jimenez. On Tuesday, Fulcher pleaded guilty to voluntary manslaughter and assault with a firearm rather than go through a third trial. The judge sentenced Fulcher to 14 years, but he received credit for time he already served. Because of that, Fulcher will be released from custody tonight or tomorrow. This result comes after the San Diego County District Attorney’s Conviction Review Unit took a second look at cases involving DNA mixtures, meaning more than one DNA source is found in a sample. Fulcher’s case relied heavily on this type of evidence. The top forensic science group that analyzes DNA released guidelines that are now more conservative, which affected Fulcher’s case. Earlier this year, the District Attorney’s office agreed to give Fulcher a new trial. “We still believe that we have the right guy, but we lost confidence in the conviction so we wanted to give the defendant a chance to have a new trial if he wanted. He chose to plead guilty instead, so at the end of the day, I believe justice was done,” Jimenez said. Fulcher has always maintained his innocence. “I don’t think you can put any limit on the happiness that going free can have for someone who’s serving a life sentence. He is very, very happy. His family is very happy. This is really a joyous moment for all of them,” said Fulcher’s defense attorney Knut Johnson. This would have been Fulcher’s third trial. His first trial ended in a mistrial."
The entire story can be read at:
https://www.10news.com/news/man-convicted-of-barrio-logan-murder-to-be-released-due-to-changes-in-dna-standards
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
