DENVER – An appeals court has overturned the conviction of a man who has served 28 years of a 48-year sentence for rape and assault.
According to court documents obtained by 9NEWS, Denver District Court Judge Kandace Gerdes vacated the conviction and ordered attorneys to contact the court within 30 days to "set the matter for a new trial."
Clarence Moses-El was convicted for the August 1987 incident in which his neighbor accused him of raping her and beating her, his appeals attorney told 9NEWS. The victim said she had a dream that Moses-El was the perpetrator. However, right after the incident, she informed police that another man was her attacker. Years later, that man later confessed to the crime.
Blood testing was done on items recovered from the crime scene. Those blood tests were not a match for Moses-El's blood type. The man who later confessed to the crime was tested in 2014, and it was learned that his blood type is consistent with the evidence in Moses-El's case.
However, as Moses-El was seeking a new trial, the DNA evidence was destroyed. Moses-El's lawyers alleged Denver Police packaged the DNA evidence from the case and labeled it "DO NOT DESTROY." It was then thrown away.
9NEWS received thousands of news tips about Moses-El's case in 2014. There is also a Facebook page dedicated to proving his innocence. Members of that page are now trying to raise money for Moses-El's bail.
(© 2015 KUSA)