STORY: "Jane Dorotik gets temporary release from prison due to coronavirus, reported by CBS8 on April 21, 2020.
SUB-HEADING: "Jane Dorotik was sentenced in 2001 for the murder of 51-year-old Robert Dorotik whose body was found on February 13, 2000.
PASSAGE OF THE DAY: "The attorneys allege a prosecution expert witness testified during her trial that stains found in the victim's bedroom were his blood, even though most of the stains were not tested and never confirmed to be blood at all. They also said recently conducted DNA testing of the victim's clothing, fingernails and a rope alleged to be one of the murder weapons showed no evidence of Dorotik's DNA, excluding her presence from the crime scene. "I think the DNA evidence that excluded Jane as a contributor may have helped persuade the court that she will likely prevail on her petition, once the court is able to hold a hearing," staff attorney Nikki Herst-Cook said. "Despite numerous items of evidence being submitted for DNA testing, there is simply no evidence tying Jane to this crime."
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GIST: A 73-year-old former Valley Center resident who was convicted of murdering her husband and was serving a 25-years-to-life sentence will be released temporarily from prison Wednesday amid the COVID-19 pandemic.
Jane Dorotik was sentenced in 2001 for the murder of 55-year-old Robert Dorotik, whose body was found on Feb. 13, 2000, one day after his wife said he disappeared after going jogging, prompting her to report him missing.
Prosecutors alleged Dorotik beat her husband to death in their bedroom of the Valley Center horse ranch they rented, then dumped his body on the side of a road a few miles from the ranch.
Medical examiners concluded he died of blunt force trauma to the head and strangulation, which prosecutors alleged was committed with a hammer and rope.
Prosecutors alleged Dorotik killed him because she would have to pay him 40% of her income in the event of a divorce.
Dorotik is represented by attorneys from Loyola Law School's Project for the Innocent, who allege she was wrongfully convicted on the basis of false blood and DNA evidence presented to the jury.
The attorneys allege a prosecution expert witness testified during her trial that stains found in the victim's bedroom were his blood, even though most of the stains were not tested and never confirmed to be blood at all.
They also said recently conducted DNA testing of the victim's clothing, fingernails and a rope alleged to be one of the murder weapons showed no evidence of Dorotik's DNA, excluding her presence from the crime scene.
"I think the DNA evidence that excluded Jane as a contributor may have helped persuade the court that she will likely prevail on her petition, once the court is able to hold a hearing," staff attorney Nikki Herst-Cook said.
"Despite numerous items of evidence being submitted for DNA testing, there is simply no evidence tying Jane to this crime."
San Diego Superior Court Judge Harry Elias ruled on Monday Dorotik could be released from the California Institution for Women in Corona on her own recognizance.
Monday was the first day San Diego courts heard habeas corpus arguments since local courtrooms were shuttered to all but emergency matters.
Conditions of her release include wearing an ankle monitor, self- quarantining for two weeks and admonitions against leaving the state, according to the Project for the Innocent. Dorotik will live with her sister."
The entire story can be read at:
https://www.cbs8.com/article/news/local/jane-dorotik-gets-temporary-release-from-prison-due-to-coronavirus/509-a6c303a2-188a-463a-98ed-d7bcf19eda47
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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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