Thursday, November 17, 2022

Maurice Hastings: California: (The case is a stunning indictment of the folly and danger of refusal by prosecutors and court's to have DNA tested post-conviction. HL)..."Maurice Hastings spent 38 years in jail for a woman's rape and murder before DNA testing proved his innocence, the Los Angeles County District Attorney's Office said as it announced his release." After spending nearly 40 years behind bars, a California man has been released from jail after DNA proved he did not rape and kill a woman in 1983. His release also comes more than 20 years after his initial request to have his DNA tested was denied."


WORDS TO HEED: FROM OUR POST ON KEVIN COOPER'S  APPLICATION FOR POST-CONVICTION DNA TESTING; CALIFORNIA: (Applicable wherever a state resists DNA testing): "Blogger/extraordinaire Jeff Gamso's blunt, unequivocal, unforgettable message to the powers that be in California: "JUST TEST THE FUCKING DNA." (Oh yes, Gamso raises, as he does in many of his posts, an important philosophical question: This post is headed: "What is truth, said jesting Pilate."...Says Gamso: "So what's the harm? What, exactly, are they scared of? Don't we want the truth?") 


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PASSAGE OF THE DAY: "Hastings spent more than 38 years in state prison for Roberta Wydermyer's murder as well as two attempted murders, the D.A.'s office said. "Roberta's body was found in the trunk of her vehicle and the cause of death was a single gunshot wound to her head," it added. "The coroner conducted a sexual assault examination which involved swabbing of various body parts, including an oral swab on which semen was detected."

Hastings was then officially charged with a special circumstance of murder and the D.A.'s office wanted him to get the death penalty. It later denied Hastings' petition for DNA testing as evidence to prove he is innocent in 2000.


A deadlocked jury verdict led to a new trial and another jury convicted Hastings before he was sentenced to life in prison in 1988.


"Mr. Hastings submitted a claim of innocence with the District Attorney's Conviction Integrity Unit last year and in June of this year, the DNA testing found that the semen on the oral swab was not from Mr. Hastings," Gascón's office said.


Instead, the DNA belonged to a person "in the database who had engaged in and been convicted of an armed kidnapping where he placed his female victim in a trunk of a vehicle as well as the kidnap, rape, and forcible oral copulation of a young woman for which he was sentenced to 56 years in custody."


That suspect has since died, however, the D.A.'s office said it's working closely with the Inglewood Police Department to investigate the case."


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STORY: "Man Freed After Serving 38 Years for a Murder and Rape He Didn't Commit, DNA Proved His Innocence," by Reporter Charmaine Patterson, published by 'People' on October 28, 2022.

SUB-HEADING: "Maurice Hastings spent 38 years in jail for a woman's rape and murder before DNA testing proved his innocence, the Los Angeles County District Attorney's Office said as it announced his release."

After spending nearly 40 years behind bars, a California man has been released from jail after DNA proved he did not rape and kill a woman in 1983.


His release also comes more than 20 years after his initial request to have his DNA tested was denied.


On Friday, the Los Angeles County District Attorney's Office announced that Maurice Hastings was freed as his 1988 murder conviction was vacated.


Hastings' attorneys from the Los Angeles Innocence Project at California State University, Los Angeles asked on Oct. 20 that his conviction be overturned and that he be released right away. The Conviction Integrity Unit also joined the petition, which was later granted by Los Angeles County Superior Court Judge William C. Ryan.


"I prayed for many years that this day would come," Hastings, now 69, said, according to the L.A. Innocence Project's Instagram page. "I am just looking forward to moving forward. I am not pointing fingers; I am not standing up here a bitter man, but I just want to enjoy my life now while I have it."


Maurice Hastings was convicted of murder in 1988 & sentenced to life in prison without parole.


From the time of his arrest, Mr. Hastings has maintained his innocence.


Earlier this month, crime scene DNA was matched to a person who was not Mr. Hastings.


LADA’s Conviction Integrity Unit, joined by @lainnocenceproject @CalStateLA asked the court to vacate Mr. Hastings’ murder conviction on October 20, 2022.


Mr. Hastings has served 38 years in prison.


“What has happened to Mr. Hastings is a terrible injustice. The justice system is not perfect, and when we learn of new evidence which causes us to lose confidence in a conviction, it is our obligation to act swiftly,” DA Gascón said.


Following his release, Hastings said, per LAist, that he and his family and lawyers had a celebratory dinner, where he enjoyed lobster.


"I hadn't had that in quite a long time," he told the outlet.


"What has happened to Mr. Hastings is a terrible injustice," L.A. County District Attorney George Gascón said in a release. "The justice system is not perfect, and when we learn of new evidence which causes us to lose confidence in a conviction, it is our obligation to act swiftly."


Hastings spent more than 38 years in state prison for Roberta Wydermyer's murder as well as two attempted murders, the D.A.'s office said.


"Roberta's body was found in the trunk of her vehicle and the cause of death was a single gunshot wound to her head," it added. "The coroner conducted a sexual assault examination which involved swabbing of various body parts, including an oral swab on which semen was detected."


Hastings was then officially charged with a special circumstance of murder and the D.A.'s office wanted him to get the death penalty. It later denied Hastings' petition for DNA testing as evidence to prove he is innocent in 2000.


A deadlocked jury verdict led to a new trial and another jury convicted Hastings before he was sentenced to life in prison in 1988.



"Mr. Hastings submitted a claim of innocence with the District Attorney's Conviction Integrity Unit last year and in June of this year, the DNA testing found that the semen on the oral swab was not from Mr. Hastings," Gascón's office said.


Instead, the DNA belonged to a person "in the database who had engaged in and been convicted of an armed kidnapping where he placed his female victim in a trunk of a vehicle as well as the kidnap, rape, and forcible oral copulation of a young woman for which he was sentenced to 56 years in custody."


That suspect has since died, however, the D.A.'s office said it's working closely with the Inglewood Police Department to investigate the case.


"Had the jury imposed a death sentence instead of life without the possibility of parole, Mr. Hastings may not have lived to see this day," said Paula Mitchell, the head of the Los Angeles Innocence Project, according to LAist. "The possibility that an innocent person could be executed is real. Our criminal justice system simply has too much room for error, as this case demonstrates."


The Los Angeles Innocence Project did not immediately respond to PEOPLE's request for comment."


The entire story can be read at:


https://people.com/crime/man-freed-after-serving-38-years-for-a-murder-and-rape-he-didnt-commit-dna-proved-his-innocence/


PUBLISHER'S NOTE:  I am monitoring this case/issue/resurce. 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;


SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


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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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

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